Glossary

FOR SA is a non-profit legal advocacy organisation committed to protecting the right to religious freedom as guaranteed by the South African Constitution.

Glossary
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A

Act
A law, also known as a statute or legislation.
Amicus curiae
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 a “friend of the court”.
Assent
When the President signs a Bill into law (as per s 79 of the Constitution).

B

Bill
A proposed law. Normally written by a State department and submitted to Parliament for deliberation.
Bill of Rights
Found in Chapter 2 of the Constitution and contains the full list of human (also known as fundamental) rights for everyone in South Africa.
By-law
A law made by a local municipality (as per s 156(2) of the Constitution).

C

CSE
Comprehensive Sexuality Education.
CRL
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.
Constitution
The highest law in South Africa. Any action and/or law that is inconsistent with it is unconstitutional and illegal.
Common law
Law that has been made by the courts (through their judgments) over centuries, and which is not contained in a statute.
Constitutional Court
The highest court in South Africa, situated in Johannesburg, Gauteng.
Crimen iniuria
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).
Chapter 9 institutions
State institutions established in terms of Chapter 9 of the Constitution to support constitutional democracy, including the CGE, CRL and SAHRC.
CGE
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.

D

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

E

Executive
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.
Equality Court
A specialised court (of the high court, or magistrate’s court) designated to hear matters in terms of the Equality Act.
Equality Act
Promotion of Equality and Prevention of Unfair Discrimination Act (2000), also known as PEPUDA.
Equality
Human right entrenched in s 9 of the Constitution.

F

“Friend of the Court”
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.
Freedom of expression
Human right entrenched in s 16 of the Constitution.
FOR SA
Freedom of Religion South Africa, a legal advocacy organisation working to protect and promote religious freedom in South Africa.
Freedom of association
Human right entrenched in s 18 of the Constitution.
FPB
Film and Publication Board.

G

Government Executive
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.

H

Human dignity
Human right entrenched in s 10 of the Constitution.
Hate speech
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.

J

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

L

Limitations clause
s 36 of the Constitution. Sets out the circumstances under which a human right can reasonably and justifiably be limited / infringed upon.
LGBTQ+
lesbian, gay, bisexual, transgender, queer, etc.
Legislature
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.

M

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

P

Public participation
Public involvement in Parliament’s law-making process normally either through submissions or hearings.
PAJA
Promotion of Administrative Justice Act (2000).
PEPUDA
Promotion of Equality and Prevention of Unfair Discrimination Act (2000), also known as the Equality Act.
Privacy
Human right entrenched in s 14 of the Constitution.
Portfolio Committee
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.
POPI
Protection of Personal Information Act (2013).
Parliament
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.
PAIA
Promotion of Access to Information Act (2000).

R

Regulation
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.
Religious freedom
Human right entrenched in s 15 of the Constitution.

S

SAHRC
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.
SCOTUS
Supreme Court of the United States of America. The highest court in America.
Statute
A law, also known as an Act.
SCA
The Supreme Court of Appeal, the second-highest court in South Africa, situated in Bloemfontein, Free State.
SACRRF
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.

U

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

About Us

FOR SA is a non-profit legal advocacy organisation committed to protecting the right to religious freedom as guaranteed by the South African Constitution.

Michael Swain public speaking

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