ABSTRACT

This chapter discusses human rights in South Africa should also touch on judgements of the courts. However it would be very ambitious to pretend to undertake a study of the decisions of our courts on human rights. An evaluation of the human rights situation in South Africa at this point in time would obviously be inchoate unless it touched on the constitutional institutions to support democracy, particularly the South African Human Rights Commission and the Public Protector. The Human Rights Committee takes the view that human rights violations can be committed by nongovernment organisations and individuals. The chapter argues that South African courts have handed down numerous judgements on various aspects of our Bill of Rights since our interim constitution was passed in 1993. It also discusses from a contextual analysis of the human rights debate and practice in South Africa, a newly democratised society with a multi-party system.