Interim Constitution

33 Limitation of Rights

(1) The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation-

  1. shall be permissible only to the extent that it is-

    1. reasonable; and
    2. justifiable in an open and democratic society based on freedom and equality; and
  2. shall not negate the essential content of the right in question, and provided further that any limitation to-

    1. a right entrenched in section 10, 11, 12, 14 (1), 21, 25 or 30 (1) (d) or (e) or (2); or
    2. a right entrenched in section 15, 16, 17, 18, 23 or 24, in so far as such right relates to free and fair political activity, shall, in addition to being reasonable as required in paragraph (a) (i), also be necessary.

(2) Save as provided for in subsection (1) or any other provision of this Constitution, no law, whether a rule of the common law, customary law or legislation, shall limit any right entrenched in this Chapter.

(3) The entrenchment of the rights in terms of this Chapter shall not be construed as denying the existence of any other rights or freedoms recognised or conferred by common law, customary law or legislation to the extent that they are not inconsistent with this Chapter.

(4) This Chapter shall not preclude measures designed to prohibit unfair discrimination by bodies and persons other than those bound in terms of section 7 (1).

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