Omar Bennett
The South African Constitution, which came into force on 10 December 1996, establishes the basis for an open and democratic society in which the government is founded on the will of the people and all individuals are equally protected by the law. The Constitution is South Africa's most important piece of legislation, and Chapter 2 of the Constitution, which includes the Bill of Rights, establishes the rights of all people in the country and upholds the democratic values of human dignity, equality, and freedom. The Constitution also establishes the standards for public administration, emphasizing the importance of ethics, efficiency, transparency, and responsiveness to people's needs. The Constitution's emphasis on ethical governance is further reflected in South Africa's business environment, with legislation such as the Companies Act and the Fourth King Report on Corporate Governance encouraging organizations to integrate ethical considerations into their practices and decision-making processes.
| Characteristics | Values |
|---|---|
| Right to assemble, demonstrate, picket and present petitions | Peacefully and unarmed |
| Right to freedom of association | Peaceful expression |
| Right to freedom of expression | Democracy |
| Right to access courts | |
| Right to access information | |
| Right to privacy | |
| Right to education | |
| Right to freedom of commercial speech | |
| Right to fair labour relations | |
| Right to independent broadcasting | |
| Right to participate in policy-making | |
| Right to efficient, economic and effective use of resources | |
| Right to fair and equitable services | |
| Right to a broadly representative public administration |
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What You'll Learn
The right to assemble, demonstrate, picket, and petition
The South African Constitution is underpinned by a set of ethical values and principles. Chapter Two of the Constitution contains the Bill of Rights, which protects the civil, political, and socio-economic rights of all people in South Africa. The Bill of Rights is a cornerstone of South African democracy, enshrining the rights of all people and affirming democratic values such as human dignity, equality, and freedom.
Section 17 of the Bill of Rights guarantees the right to assemble, demonstrate, picket, and petition. This right is subject to the condition that it must be exercised "peacefully and unarmed". The Constitutional Court has affirmed that these rights aim to promote freedom of expression in a democratic society. Demonstrators are required to notify the police of events ahead of time, but they are rarely prohibited from gathering.
The right to petition is also provided for in Section 56 (d) and 69 (d) of the Constitution, which outlines the National Assembly and the National Council of Provinces' responsibility to receive petitions, representations, or submissions from any interested persons or institutions. This is an important aspect of public participation in law-making and other parliamentary processes. Petitions to Parliament must adhere to specific requirements, including providing the name and contact details of the petitioner, clearly indicating the intended recipient and the nature of the request, and complying with the prescribed format.
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Freedom of association
The South African Constitution is underpinned by a set of values and principles that promote ethical governance and protect the rights of its citizens. Chapter Two of the Constitution contains the Bill of Rights, which safeguards the civil, political, and socio-economic rights of all people in South Africa. This Bill of Rights is considered a cornerstone of democracy in the country.
One of the fundamental rights enshrined in the South African Constitution is the freedom of association. According to Section 18, individuals have the right to choose whom to associate and disassociate with. This freedom extends to the workplace, as outlined in Section 23, which guarantees the right to impartial labour practices and the formation and joining of trade unions.
The freedom of association is closely tied to the concept of ethical governance. Public administration, as guided by the Constitution, must uphold democratic values and maintain a high standard of professional ethics. This includes providing services impartially, fairly, and without bias, as well as encouraging public participation in policy-making.
In the context of labour relations, the freedom of association ensures that employees can collectively bargain and negotiate with employers. Courts have upheld this right, recognizing the importance of workers associating with colleagues to pursue mutual workplace goals. Denying workers this freedom can be seen as discrimination and a violation of fair labour practices.
The South African Constitution's protection of the freedom of association aligns with international declarations, such as the Universal Declaration of Human Rights, which recognizes this freedom as an essential human right. By enshrining this right in its Constitution, South Africa reinforces its commitment to ethical principles and the protection of its citizens' fundamental freedoms.
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Ethical public administration
The Constitution of the Republic of South Africa outlines the importance of ethical public administration. Chapter Two of the Constitution contains the Bill of Rights, which protects the civil, political, and socio-economic rights of all people in South Africa. This Bill of Rights is a cornerstone of democracy in the country, affirming values such as human dignity, equality, and freedom.
Section 7(1) of the Bill of Rights states that it "enshrines the rights of all people in our country". The Constitutional Court has interpreted this to mean that these rights apply not only to South African citizens but also to foreign citizens within South Africa. The rights in the Bill of Rights include the universal right to assemble, demonstrate, picket, and present petitions peacefully and unarmed, as well as the right to freedom of association, which has been linked to freedom of expression.
Public administration, as outlined in the Constitution, must be governed by democratic values and principles. This includes promoting and maintaining a high standard of professional ethics, ensuring efficiency and effectiveness, and providing services impartially, fairly, and without bias. Public administration must also be development-oriented, responsive to people's needs, and transparent in its operations, providing the public with timely and accurate information.
Furthermore, public administration should encourage the public to participate in policy-making and foster good human-resource management practices to maximise human potential. It should be broadly representative of the South African people, with employment practices based on ability, objectivity, and fairness, addressing historical imbalances.
The Constitution also establishes the independence and impartiality of certain commissions responsible for effective public administration. These commissions must exercise their powers without fear or prejudice, ensuring efficient and ethical public service. Legislative measures are in place to protect the independence and dignity of these commissions, preventing interference from other state organs or persons.
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Human rights
The Bill of Rights affirms the democratic values of human dignity, equality, and freedom. It grants rights such as the right to life, equality, human dignity, citizenship, and security. It also includes the right to privacy, the right to exercise political rights, and the right to access information and justice. People have rights when arrested, detained, and accused, including the right to a legal practitioner and to challenge the lawfulness of detention. The right to freedom of movement, residence, trade, occupation, and profession is also guaranteed, as is the right to engage in trade unions and labour movements.
The South African Constitution also guarantees freedom of assembly, the right to demonstrate, picket, and petition, as well as the right to freedom of association. These rights are intended to promote freedom of expression in a democratic society.
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Equality and freedom
The South African Constitution is committed to freedom, equality, dignity, human rights, and social justice. The Bill of Rights, contained in Chapter Two of the Constitution, is a cornerstone of democracy in the country. It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality, and freedom.
The Constitution also guarantees freedom of expression and assembly. Section 17 provides for the universal right to assemble, demonstrate, picket, and present petitions, as long as these actions are carried out peacefully and unarmed. This right to freedom of assembly is closely linked to freedom of expression, as affirmed by Justice Thembile Skweyiya, who commented that "the exercise of the right to freedom of expression can be enhanced by group association".
The Constitution's commitment to equality is further demonstrated by its prohibition of unfair discrimination. The state is prohibited from discriminating directly or indirectly against anyone on grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth. National legislation must be enacted to prevent and prohibit such discrimination.
Furthermore, the Constitution promotes a high standard of professional ethics in public administration. It emphasizes the importance of transparency, accountability, and the efficient, economic, and effective use of resources. Public administration must be impartial, equitable, and free from bias, responding to people's needs and encouraging public participation in policymaking.
In conclusion, the South African Constitution strongly upholds the values of equality and freedom. It seeks to address past injustices, ensure basic needs are met, and protect the rights of all individuals, while also promoting ethical and accountable public administration. These provisions are essential for safeguarding human dignity and creating a just and equitable society.
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