The right to freedom of association means that every citizen has the right to associate themselves with their choice of groups or affiliations.
Political associations allow persons who were previously denied access to political affiliations to now do so as well as meaningfully participate.
Cultural affiliations permit communities to develop schools based on a common culture, language or religion.
If such an association is, however, found to be unjustly discriminatory, it will not be allowed to continue, but if a cultural association may prove that the discriminatory membership legitimately helps to preserve a cultural way of life, such membership determination will trump other interests.
Social associations are less likely to come under State scrutiny, as the State resources are limited and such resources are more likely to be used on larger infringements.
This right may be limited by the placing of a ban on certain associations, which aim to undermine or destroy the State’s constitutional order, but a ban of this nature will only be imposed where evidence has shown a destruction.
The State interference will be more likely where a group or affiliation oversteps the right to equality by narrowing their membership, as equal treatment must be ensured.
Compiled by Julia Mabena – candidate attorney, Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will, each week introduce readers of the Advertiser to Your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
