Page:Fourie v Minister of Home Affairs (SCA).djvu/46

Rh justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including―

(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.’ ‘38. Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are― ‘39. (1) When interpreting the Bill of Rights, a court, tribunal or forum―

(2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.’ ‘172. (1) When deciding a constitutional matter within its power, a court―