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Government Gazette, 18 December 1996
No. 17678 19
| Constitution of the Republic of South Africa, 1996 | Act No. 108, 1996 |
Chapter 2—Bill of Rights
detainee unless it is still necessary to continue the detention to restore peace and order.
(g)
The detainee must be allowed to appear in person before any court considering the detention, to be represented by a legal practitioner at those hearings, and to make representations against continued detention.(h)
The state must present written reasons to the court to justify the continued detention of the detainee, and must give a copy of those reasons to the detainee at least two days before the court reviews the detention.(7)
If a court releases a detainee, that person may not be detained again on the same grounds unless the state first shows a court good cause for re-detaining that person.(8)
Subsections (6) and (7) do not apply to persons who are not South African citizens and who are detained in consequence of an international armed conflict. Instead, the state must comply with the standards binding on the Republic under international humanitarian law in respect of the detention of such persons.
Enforcement of rights
38.
Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are —(a)
anyone acting in their own interest;(b)
anyone acting on behalf of another person who cannot act in their own name;(c)
anyone acting as a member of, or in the interest of, a group or class of persons;(d)
anyone acting in the public interest; and(e)
an association acting in the interest of its members.
Interpretation of Bill of Rights
39.
(1)
When interpreting the Bill of Rights, a court, tribunal or forum —(a)
must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;(b)
must consider international law; and(c)
may consider foreign law.(2)
When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.(3)
The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill.
