Human rights are the basic rights a person is born with. It is the general values of society that have been protected in the Bill of Rights contained in the Constitution of the Republic of South Africa (“Constitution”). The manner in which human rights are applied on a day-to-day basis will depend on the circumstances of each matter. This article will shed some light on the rights to dignity, basic education, freedom of speech and equality.

In May 2019, the High Court declared the exclusion of domestic workers from COIDA unconstitutional and invalid. The High Court then held that the declaration of invalidity will apply retrospectively so as to provide relief to other domestic workers who have been injured or died prior to the order being granted. However, the High Court’s judgment had to be confirmed by the Constitutional Court before it could come into effect.

On 19 July 2023, South African Sign Language (“SASL”) was formally recognised as an official language. This brought the total number of official languages in South Africa to 12. The official recognition of SASL is an active step towards upholding the human rights enshrined in the Constitution, particularly those of equality, human dignity, language and freedom of expression.

At its core, the case scrutinises the limits of free speech, particularly when that speech veers into the territory of hate speech, which is defined as any form of expression that incites violence, hatred, or discrimination against specific categories of people based on race, gender, sexual orientation and so on.

The Constitutional Court had to decide on whether certain sections in legislation relating to the criminalisation of the use of cannabis are invalid and unconstitutional.