Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/12

From Wikisource
Jump to navigation Jump to search
This page has been validated.
10 No. 17678
Government Gazette, 18 December 1996

Act No. 108, 1996 Constitution of the Republic of South Africa, 1996
Chapter 2—Bill of Rights

terms of the Constitution, and to do so in secret; and

(b)

to stand for public office and, if elected, to hold office.


Citizenship

20.

No citizen may be deprived of citizenship.


Freedom of movement and residence

21.

(1)

Everyone has the right to freedom of movement.

(2)

Everyone has the right to leave the Republic.

(3)

Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.

(4)

Every citizen has the right to a passport.


Freedom of trade, occupation and profession

22.

Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.


Labour relations

23.

(1)

Everyone has the right to fair labour practices.

(2)

Every worker has the right —

(a)

to form and join a trade union;

(b)

to participate in the activities and programmes of a trade union; and

(c)

to strike.

(3)

Every employer has the right —

(a)

to form and join an employers’ organisation; and

(b)

to participate in the activities and programmes of an employers’ organisation.

(4)

Every trade union and every employers’ organisation has the right —

(a)

to determine its own administration, programmes and activities;

(b)

to organise; and

(c)

to form and join a federation.

(5)

Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

(6)

National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).


Environment

24.

Everyone has the right —

(a)

to an environment that is not harmful to their health or well-