This law of rights is the cornerstone of democracy in South Africa. It affirms the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The state must respect, protect, promote and enforce the rights of the Bill of Rights.
Rights in the Rights Act are subject to limitations contained or specified in Section 36 or elsewhere in the bill.The advanced democratic alliance Bill of Rights applies to all laws and is binding on the legislature, executive, judiciary and all state organs.
A provision in the Bill of Rights is binding on a person or entity where and to the extent applicable, taking into account the nature of the law and the nature of the obligations imposed by the law.
A legal entity has rights under the Rights Act to the extent required by the nature of the rights and the nature of the legal entity.
Property rights in South Africa:
No one may have his property confiscated except in accordance with generally accepted law, and there is no law that permits arbitrary deprivation of property.
Property can only be expropriated within the meaning of generally accepted law for general purposes or for public purposes; and is subject to indemnification, the amount, timing and method of payment must be agreed upon by the parties concerned or decided or authorized by a court.
The amount of compensation, as well as the timing and mode of payment, must be fair and reasonable, reflecting a fair balance between the public interest and the interests of those affected, taking into account all relevant circumstances, including the current use of the property. ; history of acquisition and use of property; property market value; the amount of direct government investment and subsidies for the acquisition and enhancement of property values; and the purpose of the takeover.