1 of 112
Definition
(1) Everyone has the right of freedom of expression which includes -
a. Freedom of the press and other media
b. Freedom to receive or impart information or ideas
c. Freedom of artistic creativity
d. Academic freedom and freedom of scientific research
(2) The right in subsection (1) does not extend to-
a. Propaganda for war
b. Incitement of imminent violence
c. Advocacy of hatred
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Direct vertical application of BOR Van Heerden Test
Reading in orders: Criteria - Freedom of expression (S16):
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2 of 112
Term
Important role of reasonable accommodation in evaluating whether
limitation of s 15(1) is
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context sensitive right reasonable & justifiable
can be enforced by contempt of
- treat everyone exactly the same
court orders
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3 of 112
Term
Questions to ask whether law or conduct breaches the BOR:
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1. Court must ask whether the person that claims that their rights have been
infringed is ENTITLED to protection provided by BOR & whether person
approaching the court has standing (LOCUS STANDI) to bring the case
2. Whether person alleged to have infringed rights is BOUND BY BOR
, 3. Whether infringement can be justified ito S36 of Constitution (limitation
clause)
- CC - Rule 10 of Rules of Court (2003)
- Consent of parties & application to CJ
- Assists court by furnishing info or argument re. Qs of law or fact; expertise or
special interest in matter before court
- Criteria for admission - submissions are relevant & useful to court & different
from those of parties
- Not a party to litigation
directly applicable
• In principle no difference between severance and reading in, in both cases L
enacted by Parliament is altered by the order of a court -> one is by exclusion +
other is by addition
• Court: reading in is justified if the view of the SOP is embraced as a structured
dialogue between the 3 branches of government
• Reading in does not give the judiciary the final word on how legislative
provisions should be formulated
• CC: whether the remedy a court grants is one striking down, wholly or in part;
or reading into or extending the text, its choice is not final
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4 of 112
Definition
• Right to privacy = right to be left alone = criminalisation of the use,
possession and cultivation of cannabis by consenting adults in
private strikes to the heart of the right to privacy
• Does not mean that no interference in the inner sanctum is
permitted -> could be found reasonable + justifiable under S36(1)
• Blanket prohibition on use, cultivation and possession of cannabis,
including by adults in private for personal consumption, in Drugs Act
, and Medicines Act = limits the right to privacy in S14 of Constitution -
> was not a reasonable and justifiable limitation of the right to
privacy
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In Print Media South Africa v Christian Education South Africa v
Minister of Home Affairs 2012 Minister of Education 2000 (4) SA
applied the limitation analysis: 757[FACTS]
Minister of Justice &
Constitutional Development v Carmichele v Minister of Safety and
Prince; NDPP v Rubin; NDPP v Security 2001 [Development of
Acton ("Prince/Rubin/Acton"): common law]
Limitation of S 14: para 43-58
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5 of 112
Definition
• Can the person go to court to claim that the right was infringed?
• Which court has jurisdiction to determine the infringement of
rights?
• Is the person/organisation who allegedly infringed the person's
right bound by duties imposed by the right?
• If a court a quo declared law/conduct invalid, is it the end of the
process?
Give this one a try later!
Definition
(1) Everyone has the right of freedom of expression which includes -
a. Freedom of the press and other media
b. Freedom to receive or impart information or ideas
c. Freedom of artistic creativity
d. Academic freedom and freedom of scientific research
(2) The right in subsection (1) does not extend to-
a. Propaganda for war
b. Incitement of imminent violence
c. Advocacy of hatred
Give this one a try later!
Direct vertical application of BOR Van Heerden Test
Reading in orders: Criteria - Freedom of expression (S16):
, Don't know?
2 of 112
Term
Important role of reasonable accommodation in evaluating whether
limitation of s 15(1) is
Give this one a try later!
context sensitive right reasonable & justifiable
can be enforced by contempt of
- treat everyone exactly the same
court orders
Don't know?
3 of 112
Term
Questions to ask whether law or conduct breaches the BOR:
Give this one a try later!
1. Court must ask whether the person that claims that their rights have been
infringed is ENTITLED to protection provided by BOR & whether person
approaching the court has standing (LOCUS STANDI) to bring the case
2. Whether person alleged to have infringed rights is BOUND BY BOR
, 3. Whether infringement can be justified ito S36 of Constitution (limitation
clause)
- CC - Rule 10 of Rules of Court (2003)
- Consent of parties & application to CJ
- Assists court by furnishing info or argument re. Qs of law or fact; expertise or
special interest in matter before court
- Criteria for admission - submissions are relevant & useful to court & different
from those of parties
- Not a party to litigation
directly applicable
• In principle no difference between severance and reading in, in both cases L
enacted by Parliament is altered by the order of a court -> one is by exclusion +
other is by addition
• Court: reading in is justified if the view of the SOP is embraced as a structured
dialogue between the 3 branches of government
• Reading in does not give the judiciary the final word on how legislative
provisions should be formulated
• CC: whether the remedy a court grants is one striking down, wholly or in part;
or reading into or extending the text, its choice is not final
Don't know?
4 of 112
Definition
• Right to privacy = right to be left alone = criminalisation of the use,
possession and cultivation of cannabis by consenting adults in
private strikes to the heart of the right to privacy
• Does not mean that no interference in the inner sanctum is
permitted -> could be found reasonable + justifiable under S36(1)
• Blanket prohibition on use, cultivation and possession of cannabis,
including by adults in private for personal consumption, in Drugs Act
, and Medicines Act = limits the right to privacy in S14 of Constitution -
> was not a reasonable and justifiable limitation of the right to
privacy
Give this one a try later!
In Print Media South Africa v Christian Education South Africa v
Minister of Home Affairs 2012 Minister of Education 2000 (4) SA
applied the limitation analysis: 757[FACTS]
Minister of Justice &
Constitutional Development v Carmichele v Minister of Safety and
Prince; NDPP v Rubin; NDPP v Security 2001 [Development of
Acton ("Prince/Rubin/Acton"): common law]
Limitation of S 14: para 43-58
Don't know?
5 of 112
Definition
• Can the person go to court to claim that the right was infringed?
• Which court has jurisdiction to determine the infringement of
rights?
• Is the person/organisation who allegedly infringed the person's
right bound by duties imposed by the right?
• If a court a quo declared law/conduct invalid, is it the end of the
process?
Give this one a try later!
