Bill of rights

Bill of rights is a cornerstone of a democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic value of human dignity, equity and freedom. The state must protect, promote and fulfil the rights in the bill of rights.

The Bill of Rights applies to all law and binds the legislature, the executives, the judiciary and all organs of state. It must be followed by government bodies at all levels.

The Bill of rights is embodied by a number of significant human rights which legally protects qualified citizens of our nation from inequalities and discriminatory treatment: 

• Right to equality - formed to prevent discrimination within our citizens,"No one has the right to discriminate against you based on your race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth among others."South Africa have incentives and organizations that empower black people , poor , disabled, old age , unemployed people etc  , so as to close the inequality gap between them and the fortunate. 
• Right to dignity - states , that everyone has the right to earn respect , value and honour regardless of that person's power , position or achievements .  
• Right to education - Education is essential in South Africa as it determines the quality of an individual's life therefore everyone has the right to basic education and if deserving, further studies depending on the capability of the citizen to proceed to higher education. Government had opened free education schools for the less affording.
• Right to life - death is an unforeseeable and unpredictable case , and is out of anyone's control , unless caused by mankind which is the reason why this right was initiated . No-one has the right to take anyone's life , neither does any course have to the right to order a death sentence as punishment .
• Right to political rights -  Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution. Every citizen has the right ­to vote in elections for any political party, and to do so in secret well if qualifying meaning above 18 years . Every citizen also have the right to join any political party freely .
• Right to health - South Africa's Governing department of health ensures that there are enough health facilities for every dignosed citizen with which ever disease . Every citizen has the right to those health facilities and health care services as well . 
• Right to freedom of expression -  whether verbally or non-verbally everyone has the right to express their thoughts freely though with the responsibility of ensure that no other party is offended . 
• Right to association - As humans , it is important that we have relations with other people for which ever reasons . 
• Right against slavery and forced labour - every citizen has the right to choose labour of his or her choose , right to also choose the workplace . Acts such as Employment Equity Act, ensure fair treat of all workers .
• Every child has the right shelter , parenting and food . This right prevents child abuse whether socially or physically. 

Freedom and security of the person, not be detained without trial. The right to property which says that no one may be deprived of property expect in terms of the law of general application, and no law may permit arbitrary deprivation of property. Freedom of movement and residence which says everyone has the right to move anywhere in South Africa, leave south Africa if they choose to.

A juristic person is entitled to the rights in the bill of right to the extent by the nature of the rights and the nature of that juristic person, according to the case study it was disclosed that people were evicted from their squatter shacks were situated on a private land meant to earmarked for formal low-cost housing by the high court and they were left homeless.

The bill of rights gives citizens of South Africa the right to housing , which states that ‘everyone has the right to have access to adequate housing’ the law continues to state that ‘No one may be evicted from their homes, or have their homes demolished without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary eviction. 

Ms Gima and her daughter can approach the high court as their right was violated. The government should have provided alternative shelters for them not to leave them homeless. They should have been given prior notice before being evicted. Even though they had no right to build squatter shack on private property it is the government that is responsible for housing of people. So, when they want to move people, they should provide another shelter even if it’s temporary.

The high court should not have ordered the eviction before providing the citizens with alternative housing, before providing alternatives houses and also without consulting community members to hear their side of the story.

The court had to consider the health of the people. They had to consider elderly people, disabled people and people that have certain diseases. These people are living in squatter shacks which can show that they are not financially stable. They will not be able to buy a proper house especially without notice.

People whose rights are violated have the right to appeal and approach the constitutional court. Evictions as stated in section 26 do violate the rights of the people. Ms Gima and her daughter should approach the high court.

Smakahle Zulu

220490171