...Section 36(1) determines that the rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including the nature of the right, the importance of the...

...- Limitation of rights (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right; (b) the importance...

...Limitation of rights (1) The rights in the Bill of Rights may be limited only in terms of a law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including: (a) the nature of the right; (b) the importance...

...objects of the Bill of Rights28. The rights contained in the Bill of Rights may also be limited if such limitation is reasonable and justifiable in an open...democratic society based on human dignity, equality and freedom.29 23 See Mabuza v Mbatha (supra) as to the interpretation of section 1 of the Law of Evidence...

...insufficient reason for the property deprivation, it will not meet the requirement of section 36(1) that it be "reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom."114 After FNB, the real question, as we have already discussed, is whether it is realistic...

...Rights: The Dilemma, of Judicial Review (1996). 146 Basic Law: Human Dignity and Liberty § 8 (1992). and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including — a. the nature of the right; b. the importance...

...the section as key factors that have to be considered in an overall assessment as to whether or not the limitation is reasonable and justifiable in an open and democratic society. In essence, the Court must engage in a balancing exercise and arrive at a global judgment on proportionality...

...This section provides that the rights may be limited by laws of general application when the limit is reasonable and justifiable in an open and democratic society based on the value of human dignity, equality, and freedom (Meyerson, 1997). In making this judgement, regard...

.... . . that our society be transformed from the closed, repressive, racial oligarchy of the past, to an open and democratic society based on human dignity, equality and freedom. — Arthur Chaskalson, chief justice of South Africa1 T HE TRIUMPH OF South Africa's rejection of apartheid...

...36(1) determines as follows: "The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the rights; (b) the importance...