Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/16



Chapter 2—Bill of Rights Cultural, religious and linguistic communities

Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community —

to enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.

The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.

Access to information

Everyone has the right of access to —

any information held by the state; and any information that is held by another person and that is required for the exercise or protection of any rights.

National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

Just administrative action

Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

National legislation must be enacted to give effect to these rights, and must —

provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; impose a duty on the state to give effect to the rights in subsections (1) and (2); and promote an efficient administration.

Access to courts

Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

Arrested, detained and accused persons

Everyone who is arrested for allegedly committing an offence has the right —

to remain silent; to be informed promptly —

of the right to remain silent; and of the consequences of not remaining silent;

not to be compelled to make any confession or admission that