The Judical Officer - Dec 07 - Joasa.org.za

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* Because when dealing with ethics ethics of law (cf. Steyn 1997:10; 1998:30; 1999(a):18;
1999(b):60; 2000:32) the author attempts to identify ALL possible relevant provisions
in the Bill of Rights; and
* Because when dealing with sociology of law law (cf. Steyn 1997:11; 1998:30;
1999(a):19; 1999(b):61; 2000:32) the author attempts to establish which of these
possible relevant provisions in the Bill of Rights the applicant(s) are entitled to.
Section 36(2) is the second part of the limitation clause in the South African
Constitution.
6.3 6.3 Section Section 36(2)
36(2)
Section 36(2) of the Constitution stipulates that no law may limit a fundamental right in
the Bill of Rights.
* except in terms of section 36(1) of the Constitution; or
* except in terms of any other provision in the Constitution.
When a court finds
* that a fundamental right in the Bill of Rights has been infringed; and
* that this infringement does not satisfy the test for a valid limitation of a fundamental
right, then this court must award an appropriate remedy for this infringement of the
fundamental right (De Waal et al 1999:166).
7 7 REMEDIES
REMEDIES
7.1 7.1 NORMAL NORMAL remedies
remedies
7.1.1 Remedies with regard to the vertical vertical application of the Bill of Rights