The Judical Officer - Dec 07 - Joasa.org.za
The Judical Officer - Dec 07 - Joasa.org.za
The Judical Officer - Dec 07 - Joasa.org.za
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Section 8(1) of the Constitution stipulates that the Bill of Rights<br />
* applies to all law; and<br />
10<br />
* binds all <strong>org</strong>ans of the state on all levels.<br />
Implication Implication 1: 1: In terms of this section 8(1) of the Constitution, the Bill of Rights has<br />
DIRECT VERTICAL VERTICAL application application. application<br />
Strydom (1995) is of opinion that private law matters deal frequently with the common<br />
law and with the indigenous law.<br />
Implication Implication 2: 2: 2: In terms of section 8(1) of the Constitution, the Bill of Rights has also<br />
DIRECT HORIZONTAL HORIZONTAL HORIZONTAL application application. application This second implication 2 is substantiated by section<br />
8(2).<br />
Section 8(2) of the Constitution stipulates that the Bill of Rights binds<br />
* natural persons; and<br />
* juristic persons<br />
to the extent that the Bill of Rights is applicable.<br />
This direct application of the Bill of Rights to the law must be distinguished from the<br />
indirect indirect indirect application of the Bill of Rights to the law.<br />
3.3.2.2 Indirect Indirect application of the Bill of Rights<br />
3.3.2.2.1 What is the purpose of indirect application of the Bill of Rights?<br />
<strong>The</strong> purpose of the indirect application of the Bill of Rights is to determine whether<br />
inconsistency can be avoided avoided between<br />
* the law; and
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