The Pros And Cons Of The Bill Of Rights

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The parties to this dispute are the Minister of Health, a representative of a state organ and private individuals and the application of the right to freedom of expression, which a right enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996. Subject to the Bill of Rights The “Bill of Rights is the cornerstone of our democracy ... and affirms the democratic values of human dignity, equality and freedom”1 and binds the state and all its organs, and applies to all law2. This shows that any legislation that the legislature makes is subject to the Bill of Rights in general. Any legislation that is not in line with the Bill of Rights, its constitutionality can be challenged in a court of law. An Act of Parliament that seeks to limit any freedom unreasonable cannot be in line with the Bill of Rights. Subject to the section 16 of the Final Constitution…show more content…
The Medicines Control Amendment Act, section 5, allows the Minister of Health to prevent any publication of scientific findings if they do not agree to the current state health policies. This is a clear violation of the freedom of expression. In terms of section 16(2) of the Constitution freedom of expression is not granted only in “propaganda for war; incitement of imminent violence, or advocacy of hatred based on race, ethnicity, gender or religion, and that constitutes to cause harm.” It is not said that freedom of expression can be limited if it is against government
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