Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/5

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Chapter 2

Citizenship and Franchise

Citizenship

5. (1) There shall be a South African citizenship.

(2) South African citizenship and the acquisition, loss and restoration of South African citizenship shall, subject to section 20 read with section 33(1), be regulated by an Act of Parliament.

(3) Every person who is a South African citizen shall, subject to this Constitution, be entitled to enjoy all rights, privileges and benefits of South African citizenship, and shall be subject to all duties, obligations and responsibilities of South African citizenship as are accorded or imposed upon him or her in terms of this Constitution or an Act of Parliament.

The franchise

6. Every person who is—

(a)

(i)

a South African citizen; or

(ii)

not such a citizen but who in terms of an Act of Parliament has been accorded the right to exercise the franchise;

(b)

of or over the age of 18 years; and

(c)

not subject to any disqualifications as may be prescribed by law,

shall be entitled to vote in elections of the National Assembly, a provincial legislature or a local government and in referenda or plebiscites contemplated in this Constitution, in accordance with and subject to the laws regulating such elections, referenda and plebiscites.

Chapter 3

Fundamental Rights

Application

7. (1) This Chapter shall bind all legislative and executive organs of state at all levels of government.

(2) This Chapter shall apply to all law in force and all administrative decisions taken and acts performed during the period of operation of this Constitution.

(3) Juristic persons shall be entitled to the rights contained in this Chapter where, and to the extent that, the nature of the rights permits.

(4) (a) When an infringement of or threat to any right entrenched in this Chapter is alleged, any person referred to in paragraph (b) shall be entitled to apply to a competent court of law for appropriate relief, which may include a declaration of rights.

(b) The relief referred to in paragraph (a) may be sought by—

(i)

a person acting in his or her own interest;

(ii)

an association acting in the interest of its members;

(iii)

a person acting on behalf of another person who is not in a position to seek such relief in his or her own name;

(iv)

a person acting as a member of or in the interest of a group or class of persons; or

(v)

a person acting in the public interest.

Equality

8. (1) Every person shall have the right to equality before the law and to equal protection of the law.

(2) No person shall be unfairly discriminated against, directly or indirectly, and,