Administration of Estates Act, 1965
R 385
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 2 : Bill of Rights8. Application |
| (1) | The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. |
| (2) | A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. |
| (3) | When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court— |
| (a) | in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and |
| (b) | may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1). |
| (4) | A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person. |
