South African Constitution 2025: Your Guide to Fundamental Human Rights

The Constitution of the Republic of South Africa, 1996 is the supreme law of the country. Its Bill of Rights protects every person—citizens, permanent residents, asylum seekers, and visitors. This guide translates constitutional language into everyday steps so you can recognise when your rights are threatened and take action.

🇿🇦 Remember: Any law or government conduct that conflicts with the Constitution can be challenged in court.

Core Rights Every Person Enjoys

The Bill of Rights guarantees dignity, equality, and freedom. Key protections include:

• Equality before the law: Section 9 prohibits unfair discrimination by the state or private parties.
• Right to life: Section 11 ensures no one may arbitrarily deprive you of life.
• Human dignity: Section 10 protects inherent dignity and respect.
• Freedom and security of the person: Section 12 covers freedom from violence, torture, and arbitrary detention.
• Privacy: Section 14 protects your home, communications, and personal information.
• Freedom of expression and association: Sections 16 and 18 allow peaceful protest, media freedom, and joining organisations.
• Access to courts: Section 34 entitles everyone to a fair public hearing when rights are violated.

How to enforce these rights

• Report discrimination to the South African Human Rights Commission (SAHRC).
• Use Protection Orders for domestic violence or harassment.
• Challenge unlawful arrests via urgent High Court applications or through the Independent Police Investigative Directorate (IPID).
• Engage civil society organisations and legal aid clinics for strategic litigation support.

Healthcare Rights in 2025

Section 27 ensures everyone has access to health care services, including reproductive healthcare. The state must take reasonable legislative and policy measures within available resources to achieve progressive access.

• Emergency medical treatment: No hospital may refuse treatment in a life-threatening situation.
• Maternal and reproductive health: Free antenatal care and contraceptive services are offered at public clinics.
• Chronic medication: Patients can rely on Central Chronic Medicine Dispensing and Distribution (CCMDD) pick-up points for regular medication.
• National Health Insurance (NHI) rollout: Expect phased implementation with pilot districts expanding coverage of primary care benefits.
• Healthcare complaints: Use the Health Ombud, provincial health departments, or the SAHRC for systemic issues.

Citizenship Rights After the 2025 Constitutional Court Ruling

In May 2025, the Constitutional Court upheld the rights of South Africans who take on foreign citizenship without prior permission.

• The Court declared Section 6(1)(a) of the South African Citizenship Act unconstitutional.
• South Africans no longer automatically lose citizenship when naturalising abroad.
• The Department of Home Affairs must restore citizenship to those affected and update regulations.
• Dual citizens must still comply with passport requirements—use a South African passport to enter or leave the country.

🌍 Opportunity: Maintain global mobility for work, study, and travel while keeping voting, property, and business rights at home.

Responsibilities That Balance Your Rights

Rights come with obligations to respect others and comply with the law.

• Section 36 allows rights to be limited when justified in an open and democratic society (e.g. curfews during national disasters).
• Pay taxes, obey court orders, and uphold the rule of law.
• Participate in elections, community safety forums, and public consultations to strengthen accountability.
• Teach children about constitutional values through school programmes and civic education resources.

Frequently Asked Questions

Do these rights apply to non-citizens?

Yes. The Bill of Rights applies to “everyone” unless a specific section limits a right to citizens (e.g. voting).

Can private companies violate constitutional rights?

Yes. The Constitution binds both the state and private parties where applicable. Labour practices, housing policies, and digital platforms must respect human rights.

What should I do if my rights are violated?

Gather evidence, approach the SAHRC or a legal practitioner, and consider court action. Urgent relief is available in severe cases.

Are rights absolute?

No. Rights may be limited under Section 36, but the limitation must be reasonable, justifiable, and proportionate.

Resources and Support Organisations

• South African Human Rights Commission – complaints@sahrc.org.za | 0800 007 709
• Legal Aid South Africa – www.legal-aid.co.za
• Public Protector South Africa – hotline@pprotect.org
• Section27 (public interest law centre) – info@section27.org.za
• Home Affairs Contact Centre – 0800 60 11 90 (citizenship queries)

References

1. Constitution of the Republic of South Africa, 1996.
2. South African Citizenship Act 88 of 1995, Section 6 and Constitutional Court judgment [2025] ZACC 12.
3. National Health Act 61 of 2003 and Health Ombud Annual Report 2024.
4. Department of Health, National Health Insurance White Paper Implementation Plan 2024/2025.
5. South African Human Rights Commission, Equality Report 2024.