Constitutional & Human Rights

The Constitution is the highest law in South Africa and its Bill of Rights protects everyone in the country. This guide explains the rights you can rely on and where to go when they are ignored, whether by the state, a business or another person.

Updated October 2026 · General information, not legal advice

In this guide

The key laws

What you'll need

Gather these before you take action or speak to a lawyer:

Advertisement · 728 × 90 in-article banner

Your brand, in front of South Africans looking for legal help.

Common questions

What does the Bill of Rights protect?

It protects rights such as equality, human dignity, life, freedom and security of the person, privacy, freedom of expression, access to housing, health care and education, and just administrative action.

Where can I complain about unfair discrimination?

You can approach the South African Human Rights Commission, or take the matter to an Equality Court. Every magistrate’s court can sit as an Equality Court, and you do not need a lawyer to start.

How do I get information held by a government department?

Submit a request under the Promotion of Access to Information Act to the department’s information officer. They must respond within set time limits and give reasons if they refuse.

A government official made an unfair decision about me. What can I do?

You can ask for written reasons for the decision. If it was unlawful, unreasonable or procedurally unfair, it may be reviewed by a court, usually within 180 days.

Who investigates maladministration by the state?

The Public Protector investigates improper conduct in state affairs. It is free to lodge a complaint.

When to see a lawyer

Speak to a lawyer if you want to challenge a government decision in court, if your complaint involves a large organisation, or if strict time limits apply to your case.

This guide is general information about South African law and is not legal advice. Laws and amounts change; check the latest position or speak to a qualified lawyer about your situation. Read our disclaimer.

Advertisement · 300 × 250 sidebar box

Put your firm in front of readers who need legal help.