This Act introduces a new Constitution for the Republic of South Africa.
The Bill of Rights applies to all law and is binding on the legislature, the judiciary and on the executive, as well as all organs of state. A provision in the Bill of Rights binds both natural and/or juristic persons.
Compliance Obligations?
The Bill of Rights applies to individuals and to companies to the extent that any of its provisions are applicable.
This section provides that everyone has the right to an environment that is not harmful to their health or well-being. It also seeks to protect the environment for the benefit of present and future generations.
Compliance Obligations?
You have a constitutionally ensconced right to an environment that is not harmful to you. So do others. Reasonable legislative measures are to be used to prevent pollution and ecological degradation, to promote conservation and to secure sustainable development and the use of natural resources while promoting justifiable economic and social development.
If you require access to information held by the state or by any other person and you require this for the exercise or protection of any rights, this section gives you a right to access such information.
Compliance Obligations?
National legislation has been enacted to give power to this right. See for example the Promotion of Access to Information Act 2 of 2000. You may use this right and the remedies set out in this national legislation to secure information where appropriate.
This section provides that everyone has the right to administrative action that is lawful, reasonable and procedurally fair. National legislation has been enacted to give effect to this provision.
Compliance Obligations?
If your rights have been adversely affected by administrative action, you have the right to be given written reasons. See the Promotion of Administrative Justice Act 3 of 2000.