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  1. Constitutions
  2. South Africa
  3. Interpretation of Bill of Rights

🇿🇦 South AfricaConstitution

Constitution of the Republic of South Africa, 1996

Interpretation of Bill of Rights

Jurisdiction
South Africa
Provision
39
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(1) When interpreting the Bill of Rights, a court, tribunal or forum— (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. (3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. CHAPTER 3 CO-OPERATIVE GOVERNMENT

Source record

Source and verification

Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.

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