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

8
Section 8(4) of the Constitution stipulates that a juristic person becomes in certain
circumstances entitled to some of the fundamental rights in the Bill of Rights, provided
that this
(1) Is required by the nature of the particular fundamental fundamental right right; right and
(2) Is required by the nature of the particular juristic juristic person.
person.
This means that:
A juristic person is not not per se entitled to protection by the Bill of Rights, but ut that a
juristic person becomes entitled to protection by the Bill of Rights; provided that this
particular juristic person is being used by natural persons for the collective exercise of
these natural persons’ fundamental rights (see also section 38 of the Constitution).
3.3 3.3 Element Element 2: 2: 2: Who Who is is BOUND BOUND by by by the the Bill Bill of of Rights?
3.3.1 Vertical Vertical and horizontal application of the Bill of Rights
3.3.1.1 Vertical Vertical application
The Constitution stipulates that all organs of the state must respect the fundamental
rights in the Bill of Rights. That is why the Bill of Rights has vertical application
between
* The state; and
* Subjects of the state
(See section section 8(1) of the Constitution Constitution; Constitution
Steytler 1998:15).
This vertical application of the Bill of Rights must be distinguished from the horizontal
application of the Bill of Rights.
3.3.1.2 Horizontal Horizontal Horizontal application