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Freedom of religion, expression

AS per chapter 2 of the Bill of Rights, every South African has the right to life and freedom and security of the person.

Freedom of religion, belief and opinion:

(1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.

 

(2) Religious observances may be conducted at state or state-aided institutions, provided that:

  • (a) Those observances follow rules made by the appropriate public authorities;
  • (b) They are conducted on an equitable basis; and
  • (c) Attendance at them is free and voluntary.

 

(3) (a)This section does not prevent legislation recognising

  • (i) Marriages concluded under any tradition, or a system of religious, personal or family law; or
  • (ii) Systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.

(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution.

 

Freedom of expression:

Everyone has the right to freedom of expression, which includes:

  • (a) Freedom of the press and other media;
  • (b) Freedom to receive or impart information or ideas;
  • (c) Freedom of artistic creativity; and
  • (d) Academic freedom and freedom of scientific research.

 

(2) The right in subsection (1) does not extend to:

  • (a) Propaganda for war;
  • (b) Incitement of imminent violence; or
  • (c) Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

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