Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/20

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 2—Bill of Rights

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Table of Non-Derogable Rights

1 Section number	2 Section title	3 Extent to which the right is non-derogable
9	Equality	With respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex, religion or language
10	Human dignity	Entirely
11	Life	Entirely
12	Freedom and security of the person	With respect to subsections (1)(d) and (e) and (2)(c)
13	Slavery, servitude and forced labour	With respect to slavery and servitude
28	Children	With respect to: subsection (1)(d) and (e); the rights in subparagraphs (i) and (ii) of subsection (1)(g); and subsection (1)(i) in respect of children of 15 years and younger.
35	Arrested, detained and accused persons	With respect to: subsections (1)(a), (b) and (c) and (2)(d); the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d) subsection (4); and subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair.

(6)

Whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must be observed:

(a)

An adult family member or friend of the detainee must be contacted as soon as reasonably possible, and informed that the person has been detained.

(b)

A notice must be published in the national Government Gazette within five days of the person being detained, stating the detainee’s name and place of detention and referring to the emergency measure in terms of which that person has been detained.

(c)

The detainee must be allowed to choose, and be visited at any reasonable time by, a medical practitioner.

(d)

The detainee must be allowed to choose, and be visited at any reasonable time by, a legal representative.

(e)

A court must review the detention as soon as reasonably possible, but no later than 10 days after the date the person was detained, and the court must release the detainee unless it is necessary to continue the detention to restore peace and order.

(f)

A detainee who is not released in terms of a review under paragraph (e), or who is not released in terms of a review under this paragraph, may apply to a court for a further review of the detention at any time after 10 days have passed since the previous review, and the court must release the