CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT ... - saflii

ACKERMANN AND GOLDSTONE JJthe “spirit, purport and objects of the Bill of Rights” and the relevant factors must beweighed in the context of a constitutional state founded on dignity, equality andfreedom and in which government has positive duties to promote and uphold suchvalues.[44] Under both the IC and the Constitution, the Bill of Rights entrenches the rightsto life, 28 human dignity 29 and freedom and security of the person. 30The Bill of Rightsbinds the state and all of its organs. Section 7(1) of the IC provided:“This Chapter shall bind all legislative and executive organs of state at all levels ofgovernment.”Section 8(1) of the Constitution provides:“The Bill of Rights applies to all law, and binds the legislature, the executive, thejudiciary and all organs of state.”It follows that there is a duty imposed on the state and all of its organs not to performany act that infringes these rights. In some circumstances there would also be apositive component which obliges the state and its organs to provide appropriateprotection to everyone through laws and structures designed to afford such protection.282930Section 9 of the IC; Section 11of the Constitution.Section 10 of the IC and the Constitution.Section 11 of the IC; Section 12 of the Constitution.25