REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
did so in order to allow for the appointment of a woman as a chief in
line with right to equality.
13 Hassam v Jacobs NO, Constitutional Court declared invalid provisions of the Intestate
Succession Act 81 of 1987 which excluded widows of polygamous
2009 ZACC 19
Muslim marriages from the protection of the Act.
Socio-economic rights
14 Minister of Health & Constitutional Court held that a restriction on the public availability of
Others v TAC, 2002 Nevirapine, an antiretroviral drug that reduces HIV mother-to-child(10) BCLR 1075
transmission during pregnancy, was unreasonable.
Nationality and immigration
15 Dawood & Another v Constitutional Court upheld an application to declare unconstitutional
Minister of Home provisions of the Aliens Control Act restricting foreign spouses from
Affairs,2000 (8) BCLR joining their South African spouses in South Africa.
837
16 Booysen & Others v
Minister of Home
Affairs
&
Another,2001
(7)
BCLR 645 (CC)
Constitutional Court confirmed an order declaring unconstitutional and
invalid provisions of the Aliens Control Act which required an application
by a foreign spouse for a work permit to be only made while the
applicant is still outside the country.
17 Minister of Home Asylum seekers were granted the right to work.
Affairs and Others v
Watchenuka
and
Others, 2004 1 All SA
21 (SCA)
ARTICLE 3: THE RIGHT TO DIGNITY
81. The Constitution provides for the right to dignity, in other words the right to have one’s dignity
respected and protected. This is a non-derogable right enshrined in the Bill of Rights in the
Constitution. Various measures, both legislative and administrative, are in place to prohibit
exploitation or degradation of women and to ensure the protection of every woman’s right to
dignity and protection against all forms of violence. Some of the measures include the following:
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