What the Constitution Allows

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South African Constitution -  Section 38 allows   ..any person....  the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened .......

The Constitution allows for anyone (the public, firm, institution, association, group of persons) :

  • to approach (apply to) a competent (Constitutional) Court.
                        [papers have already been compiled].

  • to claim that a Right in the Bill of Rights has been infringed or threatened.
                        [see examples of Lawyer misconduct].

  • and by WHOM (in this case Lawyers Practicing in KwaZulu Natal).

  • and to indicate HOW (response guide) the rights have been infringed or threatened.
                        [response guide deals with most situations].

The Rights of the Public are Protected in the following manner:
 [Unconstitutional Conduct by Officers of the Court]

 

SEE What happens when the Bill of Rights is NOT PROTECTED from a THREAT [HERE]

The Rights in the Bill of Rights include :

Section

Right
[S9 Equality] - equal PROTECTION of the Law

equal BENEFIT of the law
[S10 Human dignity] - right to have your dignity RESPECTED and PROTECTED.
[S11 Life] - the right to LIFE.
[S12 Freedom & Security] - the right not to be deprived of FREEDOM without just cause.
not to be punished in a cruel, INHUMAN or degrading way.
[S14 Privacy] - protection from POSSESSIONS being SEIZED.
protection from you HOME being SEARCHED.
protection from the PRIVACY of your COMMUNICATIONS.
[S16 Speech] - the right to impart INFORMATION and IDEAS.
[S25 Property] - protection IMMOVABLE PROPERTYbeing SEIZED.
[S28 Children] - protected from ...ABUSE and DEGRADATION.
protection from ABUSIVE COURT PROCESS
protection by APPOINTMENT of LEGAL REPRESENTATIVE
protection of a CHILD'S BEST INTEREST as PARAMOUNT.
[S33 Just Administrative Action] - protection from UNLAWFUL, PROCEDURALLY UNFAIR process.
right to be given WRITTEN REASONS. 
                           [clean hands doctrine]
[S34 Access to courts]- right to the proper APPLICATION of the LAW.
[S35 Fair trial] - right to have TIME and facilities TO PREPARE a legal defence
right to ADDUCE and CHALLENGE EVIDENCE.

Which Lawyer Conduct (or omission) does Not Qualify for an inquiry:

     »   an infringement [Harm, damage] that does not threaten a Right that is listed in the Bill of Rights.    AND
     »   an infringement [Harm, damage] that results from the proper application (process) of the Constitution and the Law.

 

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