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" A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. "
Human Rights Protected?: Nine Southern African Country Reports on HIV, AIDS ... - Page 247
by University of Pretoria. AIDS and Human Rights Research Unit - 2007 - 425 pages
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Human Rights Law in Africa, 1997: Volume 2

Christof Heyns - 1998 - 344 pages
...applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection...
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Injustice, Violence and Peace: The Case of South Africa

Hennie P. P. Lötter - 1997 - 258 pages
...applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. (2) A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection...
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The International Survey of Family Law: 1996

Andrew Bainham - 1998 - 542 pages
...However, section 8(2) declares that a provision of the Bill of Rights binds natural or juristic persons "if, and to the extent that, it is applicable, taking...and the nature of any duty imposed by the right". This text means that some rights (such as the right to dignity, privacy, equality before the law and...
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The Legal Status of Pupils in Europe: Yearbook of the European Association ...

Jan De Groof, Hilde Penneman - 1998 - 494 pages
...of the Bill of Rights binds natural and juristic persons (in other words, not merely state organs) if and to the extent that it is applicable, taking into account the nature of the right and any duty imposed by the 22 See S 104(l)(b)(i) read with Schedule 4; Rautenbach and Malherbe pp.424-247...
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Non-Discrimination Law: Comparative Perspectives

Titia Loenen, Paulo R. Rodrigues - 1999 - 470 pages
...to see the Bill of Rights have a wider application. Section 8(2) of the 1996 Constitution provides that: 'A provision of the Bill of Rights binds a natural...and the nature of any duty imposed by the right.' This provision has not yet been the subject of litigation before the Constitutional Court. Its interpretation...
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Administrative Justice in the 21st Century

Michael Harris, Martin Partington - 1999 - 620 pages
...Constitution provides that a provision of the Bill of Rights binds a natural or a juristic person, if it is applicable, taking into account the nature of...right and the nature of any duty imposed by the right. It may be that in the case of privatisation the courts will find, like Friedman JP, that the activities...
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Critical Issues in South African Education After 1994

Thobeka Vuyelwa Mda, Matoane Steward Mothata - 2000 - 244 pages
...applies to all law, and hinds the legislature, the executive, the judiciary and all organs of state. (2) A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection...
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Constitutional Comparison: Japan, Germany, Canada and South Africa As ...

F. Venter - 2000 - 316 pages
...of the First Certification Judgment. 146 The meaning and effect of s 8(2) of the 1996 Constitution ('A provision of the Bill of Rights binds a natural...and the nature of any duty imposed by the right') should also come into play regarding alternative dispute resolution in which the state is not involved...
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Race and Reconciliation in South Africa: A Multicultural Dialogue in ...

William E. Van Vugt, G. Daan Cloete - 2000 - 244 pages
...472 (Ck.). 7. John Rawls. A Theory of Justice (Cambridge: Harvard University Press, 1971), 236. 8. "Taking into account the nature of the right and the nature of any duty imposed by the right" (section 8[2]). 9. Or Kuyperian Calvinism's sphere sovereignty: see also Abraham Kuyper. Met Calvinisme:...
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Resolving the Tension Between Crime and Human Rights: An Evaluation of ...

Jeremy Sarkin-Hughes, Yves Haeck, Johan vande Lanotte - 2001 - 368 pages
...individual rights of others is a constitutional obligation. According to section 8(2) of the Constitution, "a provision of the bill of rights binds a natural...and the nature of any duty imposed by the right". In a society where murder is rife, domestic violence common, rape, robbery and theft prevalent, constitutional...
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