Understanding South Africa's Transitional Bill of Rights

Part 1 The background - constitutional transition in the early 1990s: the negotiations; the transitional Constitution; brief assessment of the transitional Constitution. Part 2 The chapter on fundamental rights in the context of the negotiating process: introductory observations; ideological context; the functioning of the Multi-Party negotiating process; the birth of Chapter 3. Part 3 Observations on reading and understanding the chapter on fundamental rights as a constitutional instrument: shortcomings in the South African judiciary's approach to statutory interpretation; what does constitutional interpretation involve?; two specific issues; Chapter 3 and the new constitutional text; constitutional interpretation in relation to statutory interpretation. Part 4 The genesis of the operational provisions of the Chapter on Fundamental Rights: the application clause (Section 7); the interpetation clause (Section 35); the limitation clause (Section 33); the suspension clause (Section 34). Part 5 The genesis of the sections entrenching specific rights: equality; life; human dignity; freedom and security of the person; servitude and forced labour; privacy; religion, belief and opinion; freedom of expression; assembly, demonstration and petition; freedom of association; freedom of movement; residence; citizens' rights; political rights; access to court; access to information; administrative justice; detained, arrested and accused persons; economic activity; labour relations; property; environment; children; language and culture; education. Part 6 Enforcement mechanisms: the views of the parties; the Constitutional Court; the Public Protector and Human Rights Commission; assessment of the enforcement mechanisms. Part 7 What can be learned from the process?