How the Constitution deals with a Threat to the Bill of Rights 

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South African Constitution Bill of Rights - Section 38 :

[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 the court are:

                (a)  anyone acting in their own interest;
                (b)  anyone acting on behalf of another person who cannot act in their own name;
                (c)  anyone acting as a member of, or in the interest of, a group or class of persons;
                (d)  anyone acting in the public interest; and
                (e)  an association acting in the interest of its members.

Motivation for Section 38 Inquiry

The fatal Livingston Leandy Constitutional error

    An error in law :Court of 1st instance dismisses unlawful lawyer conduct.

•          where a competent court of first instance is seized of allegations of a Threat to the Bill of Rights.
               and dismisses allegations [of unlawful conduct by an officer of the court - Livingston Leandy] as "wild, persistent and baseless".

   THEN

• sets in motion an unconstitutional procedure
• that results in a reward for this conduct (of a Threat to the Bill of Rights).
• the court of first instance broadcasts an invite to appeal the result.
• the invite is accepted -
• but the court instead sets in motion a procedure to stifle the appeal in an unconstitutional manner
• and refuses leave (permission) to appeal the result to a higher court (SCA).

   THEN

• the unsuccessful litigant appeals the process  to an appeal court and claims that his rights in the Bill of Rights have been threatened.
• one of the grounds for the appeal includes improper conduct of  unlawfulness during the hearing.
• another reason for the appeal includes improper conduct by the presiding officer during the hearing.
• the appeal application includes a Section 38 application for an inquiry which is dismissed without reasons.
• the entire appeal is dismissed in a punitive manner by the Supreme Court of Appeal despite grounds for an appeal based on Bill of Rights & numerous points of law.

   THEN THEREAFTER

    a fatal error in law exists when

• the successful (unlawful) litigant (Livingston Leandy) initiates a further unconstitutional action.
• which threatens a right in the Bill of Rights not previously alleged, by:
              the [seizure of immovable property] - [S25 - PROP]
• on the unsuccessful litigant.
• The Constitutional Court is compelled to initiate an inquiry into why:

   THE RIGHTS OF THE PUBLIC (Bill of Rights) ARE NOT PROTECTED BY THE COURTS

Officers of the Court are expected to apply the Constitution and the Law.

What the Constitutional Court must Determine : SEE HERE

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