• The Constitution grants this right to “everyone”, however, this is not an absolute right and is governed by legislation, such as the Social Assistance Act 13 of 2004.
• This means that the legislation will have clear guidelines as to when a person will qualify for social assistance. As a general rule, those who are in need are more likely to claim and benefit from the social security protection provided in the Constitution.
• It should also be taken into account that the Constitution only provides access to social security and not a right to automatically receive social security.

• The right to have access to social security is recognised as a human right under section 27 of the Constitution and includes appropriate social assistance to persons who are unable to support themselves and their dependants.
• Social security aims to ensure that all people have adequate economic and social protection during certain events, such as unemployment.
• Examples of appropriate social assistance include old-age grants, child support grants and disability grants.
• During the national state of disaster, the Temporary Employee/Employer Relief Scheme (“TERS”) can be seen as a form of social assistance. TERS is a special benefit created to provide emergency relief to employers so that they may continue to pay their employees during a temporary lay-off.

• The right to own property is protected by section 25 of the Constitution that provides that no one may be deprived of property except in terms of a law of general application. It further provides that property can be expropriated subject to compensation if it is in the public interest to do so.
• Apart from this right to own property, a person also has a right to the use and enjoyment of the property.
• These rights are sometimes subject to limitations set out in legislation and common law. For example, if you live on a farm and your neighbour needs to pass through your land to get to their land, the use of your property can be limited by registering a “right of way” on the title deed. This right of way allows your neighbour to use part of your property to access their own property.
• Another example would be in townhouse complexes or apartment buildings. Body corporate rules limit these rights by not allowing pets, or not allowing noise after a certain time of day and so on.

• The right to electricity is not in itself a human right contained in the Constitution. However, a lack of access to electricity can infringe on a person’s other human rights. For example, loadshedding may infringe on a person’s rights to trade, access to information, health care and social security.
• There are numerous arguments on this topic, however, municipalities must provide the public with basic municipal services within its available resources and in a sustainable manner. In Joseph v City of Johannesburg 2010 4 SA 55 (CC), the Constitutional Court confirmed that South Africans are entitled to electricity as a basic municipal right.
• On the flip side of the coin, legislation provides that the interests and needs of present and future electricity customers are safeguarded and met (in consideration of the efficiency and long-term sustainability of the electricity supply industry).
• In light of the above, there is a fine balance that must be maintained between providing the public with electricity as a basic municipal right (together with the protection of human rights) and the long-term sustainability of the electricity supply industry.
• Even though it might be possible that loadshedding can impact on a person’s human rights, it is also important to remember that the Constitution allows for human rights to be infringed to a certain extend. Section 36 of the Constitution provides for the limitation of human rights if that limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. The limitation of human rights should also be subject to any less restrictive manners that are available (for example, that the electricity outages are limited to certain time periods and as per a schedule).
• Although there are arguments on either side in respect of whether or not loadshedding infringes on a person’s human rights, it must still be formally tested under the law.

• The human rights of children, which includes the best interests of children, are of paramount importance in our society and are protected by section 28 of the South African Constitution.
• What will be considered as being in the best interests of a child is quite a wide topic that includes every aspect that affects children’s lives. For example, the health effects that smoking can have on children.
• The Tobacco Products Control Act 83 of 1993 (“Tobacco Act”) provides for some limitations on where a person is allowed to smoke in order to protect children.
• For example, the Tobacco Act provides that no person may smoke any tobacco product in:
  • a public place;
  • any area within a prescribed distance from a window of, ventilation inlet of, doorway to or entrance into a public place; or
  • any motor vehicle when a child under the age of 12 years is present in that vehicle.
• The Tobacco Act further provides that no person may smoke any tobacco product in a private dwelling used for any commercial childcare activity, schooling or tutoring
• A private dwelling includes, for example, any room, apartment or building which is occupied or used as a residence.
• These limitations provided for in law are aimed at protecting children’s human rights. Not just in respect of what would be in their best interests, but also in respect of their human right to a healthy environment (section 24 of the Constitution).

In light of the constitutional right to a free election, the Electoral Act provides that no-one may force or unlawfully persuade another person to register as a voter, to go and vote or not to vote, to cast a vote for a specific party and so on. If this is done, a person can be found guilty of a criminal offence and can be imprisoned for up to 10 years. 

Section 40 of the Electoral Act 73 of 1998 states that if a voter makes a mistake on their ballot paper before they have placed it in the ballot box, they may give it back to the presiding officer at the voting station, who will then issue them with a new ballot paper. That ballot paper will be marked as cancelled and be dealt with as provided for under the Electoral Act.

It is important to note that you need to vote at the voting station in the district where you are registered to vote. This is extra important in municipal elections. In respect of national and provincial elections, you still need to vote in your registered district. However, if you happen to be out of that district, you will only be able to vote for national government and not the provincial government. If you want to vote outside of your registered district for both, you will be asked to complete a VEC 4 form at the voting station.

Considering that South Africa is split into provinces and municipalities, the elections are split into two groups. In 2024, the election that will take place will be to elect the National and Provincial government. A separate election is held to elect the municipal governments. The next municipal elections are set to take place in 2026.

Section 19 of the Constitution deals with political rights and provides that every citizen has a right to regular elections that are free and fair. The Constitution also provides for the human right of every adult citizen to vote in elections (provided that they are registered to vote). Every South African citizen is also entitled by the Constitution to make political choices, which includes to form a political party, to participate in the activities of a political party and to campaign for a political party. However, it should be kept in mind that exercising these rights must be done in accordance with the measures and procedures put in place from time to time.