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Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.
The most direct use of section 21 rights in constitutional litigation was in Geuking v President, wherein it was contended that section 21(3)'s right to "remain in" South Africa must be considered when the state assents to the extradition of a citizen under the Extradition Act 67, 1962; however, the court rejected that contention.
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995, which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa.
However, Cheadle also noted that the Labour Relations Act is grounded in the labour rights granted in section 23 of the Constitution of South Africa, and considered the possibility that, notwithstanding the invalidity of the contractual employment relationship, section 23 might extend constitutional protections to those engaged in illegal ...
Section 23 of the Act and section 1(4)(b) of the Intestate Succession Act were declared inconsistent with the Constitution and invalid. The Regulations for the Administration and Distribution of the Estates of Deceased Blacks (R200) published in Government Gazette No 10601 dated 6 February 1987, as amended, were also invalid.
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
Shabalala & Others v Attorney-General of Transvaal and Another is an important case in South ... meaning of section 23 of the Constitution "for ... South Africa ...
The Accord on Afrikaner self-determination is a South African political accord that recognises the right of the Afrikaner people on self-determination. [1] The accord was signed by the Freedom Front, the African National Congress and the National Party-led South African government on 23 April 1994.