Glossary

A proposed law. Normally written by a State department and submitted to Parliament for deliberation.

Found in Chapter 2 of the Constitution and contains the full list of human (also known as fundamental) rights for everyone in South Africa.

A law made by a local municipality (as per s 156(2) of the Constitution).

Comprehensive Sexuality Education.

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. A State institution established in Chapter 9 of the Constitution and whose functions are set out in s 185 of the Constitution.

The highest law in South Africa. Any action and/or law that is inconsistent with it is unconstitutional and illegal.

Law that has been made by the courts (through their judgments) over centuries, and which is not contained in a statute.

The highest court in South Africa, situated in Johannesburg, Gauteng.

A common law crime where a person intentionally and seriously injures someone’s dignity in a way that is unlawful (i.e. that it goes outside the boundaries of society’s good morals).

State institutions established in terms of Chapter 9 of the Constitution to support constitutional democracy, including the CGE, CRL and SAHRC.

The Commission for Gender Equality. A State institution established in Chapter 9 of the Constitution and whose functions are set out in s 187 of the Constitution.

A form of government where the people participate in government by electing their representatives.

The branch of government responsible for enforcing the law as written by Parliament and interpreted by the courts. For example: State departments. The Executive is accountable to Parliament.

A specialised court (of the high court, or magistrate’s court) designated to hear matters in terms of the Equality Act.

Promotion of Equality and Prevention of Unfair Discrimination Act (2000), also known as PEPUDA.

Human right entrenched in s 9 of the Constitution.

A person or organisation that, with the court’s permission, gets involved in a court case to assist the court with special insight or expertise on matters that may have a bearing on the case. Also known as an amicus curiae.

Human right entrenched in s 16 of the Constitution.

Freedom of Religion South Africa, a legal advocacy organisation working to protect and promote religious freedom in South Africa.

Human right entrenched in s 18 of the Constitution.

Film and Publication Board.

The branch of government responsible for enforcing the law as written by Parliament and interpreted by the courts. For example: State departments. The Executive is accountable to Parliament.

Human right entrenched in s 10 of the Constitution.

The advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. Prohibited by s 16(2)(c) of the Constitution.

The courts. The branch of government that interprets the law.

s 36 of the Constitution. Sets out the circumstances under which a human right can reasonably and justifiably be limited / infringed upon.

lesbian, gay, bisexual, transgender, queer, etc.

Parliament. The branch of government that makes the law. Made up of members elected by the citizens as their representatives.Parliament. The branch of government that makes the law. Made up of members elected by the citizens as their representatives.

Head of a State department. Part of the executive branch of government. Can make regulations.

Public involvement in Parliament’s law-making process normally either through submissions or hearings.

Promotion of Administrative Justice Act (2000).

Promotion of Equality and Prevention of Unfair Discrimination Act (2000), also known as the Equality Act.

Human right entrenched in s 14 of the Constitution.

Parliament divides into different portfolio committees, with a committee for each corresponding government department. Parliament’s law‑making and oversight over the executive happen in these committees.

Protection of Personal Information Act (2013).

The legislative branch of government that makes the law, and comprises the National Assembly and National Council of Provinces. Made up of members elected by the citizens as their representatives (referred to as “Members of Parliament”). Parliament is accountable to the people of South Africa.

Promotion of Access to Information Act (2000).

Made by a Minister in terms of a specific law and sets out how to practically implement that law, for example which forms need to be filled in etc.

Human right entrenched in s 15 of the Constitution.

The South African Human Rights Commission. A State institution established in Chapter 9 of the Constitution and whose functions are set out in s 184 of the Constitution.

Supreme Court of the United States of America. The highest court in America.

A law, also known as an Act.

The Supreme Court of Appeal, the second-highest court in South Africa, situated in Bloemfontein, Free State.

South African Charter of Religious Rights and Freedoms. A document endorsed by most religious groups, communities and leaders in South Africa and which explains the various elements of the right to religious freedom. The custodians of the SACRFF is the Council for the Protection and Promotion of Religious Rights and Freedoms.

When you, without a good reason in law, withhold a benefit or impose a burden on someone, because of e.g. their race, gender, religion, etc. Illegal in terms of s 9(4) of the Constitution.

United Nations. An international organisation established after World War 2 with the aim of preventing future wars. Made up of various member states.