Bodies that support constitutional democracy
A person who thinks that his or her basic rights and freedoms are being threatened should seek help from a professional legal adviser or an organisation that provides legal help. Chapter 9 of the Constitution, entitled "State Institutions Supporting Constitutional Democracy", establishes a number of independent bodies to bolster democracy in South Africa. Some of them can help you enforce your rights.
The Public Protector is South Africa's version of the Ombudsman, an institution that protects citizens from administrative excess and government abuse. The Public Protector, who is independent of the government and any political party, can investigate complaints against state organs or officials and recommend corrective action. Approaching the office of the Public Protector is a free - and relatively uncomplicated - process.
The aim of the Commission for Gender Equality, as set out in section 187 of the Constitution, is to promote gender equality and to advise and make recommendations to Parliament or any other legislature on any laws that affect the status of women.
The South African Human Rights Commission, a national institution established to entrench constitutional democracy, is committed to promoting respect for, observance of and the protection of human rights for everyone without fear or favour.
The Aids Law Project is part of Wits University Centre for Applied Legal Studies. It specialises in helping people with HIV/Aids and does research into the disease's difficult social, legal and human-rights issues.
The Black Sash is a non-profit organisation dedicated to protecting human rights. It has produced a useful guide to rights and the law in general at www.paralegaladvice.org.za.
Childline is a registered charity committed to protecting children from all forms of violence and abuse. It aims to create a culture of children's rights in South Africa.
Justice Centres, which can be found around the country, were established to extend the Legal Aid Board's services to people who couldn't afford a lawyer. There are dozens of Justice Centres, which are like Legal Aid Clinics but are much bigger. See the list of all Justice Centres for one near you.
Lawyers for Human Rights is a non-governmental organisation that strives to promote, uphold and strengthen human rights. The organisation has a proud history of fighting for human rights in South Africa.
The Legal Aid Board
The Legal Aid Board provides independent legal help to indigent South Africans. It is on its way to setting up more than 60 Justice Centres throughout the country.
The Lesbian and Gay Equality Project is a non-profit, non-governmental organisation that works towards achieving full legal and social equality for lesbian, gay, bisexual, transgender and intersex people in South Africa. It does this through advocacy, public education, policy and legal reform, litigation and the provision of access to justice.
The Open Democracy Advice Centre is a leading supporter of freedom of information in South Africa. Its mission is to promote transparent democracy, foster a culture of corporate and government accountability, and help people to realise their human rights.
Street Law's manuals and activities help all sorts of people appreciate and assert their legal and constitutional rights. The programme, which is based at the University of KwaZulu-Natal in Durban, has made available its material on South African law (.pdf : 800Kb), socio-economic rights (.pdf : 578Kb) and labour law (.pdf : 8.7Mb). Street law is published by Juta Law Company, South Africa.
The Women's Legal Centre is a non-profit, independently funded law centre started by a group of women lawyers. The centre has been established to advance women's rights by conducting constitutional litigation and advocacy on gender issues.
The Courts
The Small Claims Courts and the Magistrates' Courts deal with day-to-day disputes between citizens and between citizens and the state. More serious matters - as well as appeals from Magistrates' Courts - go to the respective provincial High Courts, with a final appeal to the Supreme Court of Appeal. There is a further appeal to the Constitutional Court where a constitutional matter is involved.
An application to have a law declared invalid, or an allegation of a violation of the Bill of Rights, should normally be brought to a High Court. If that court turns down the challenge, an application for leave to appeal against the decision can be made to the Constitutional Court. For more information see the role of the Constitutional Court.
