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13 | Limitation of rights

National Constitutional Assembly (NCA) Draft Constitution (2001)

Parliament may not pass laws that derogate from or restrict or limit the following rights and no person or body may violate or limit or restrict these rights:
1. the right to life;
2. the right to freedom from torture;
3. the right not to be placed in slavery;
4. the right to human dignity;
5. the right to equality;
6. the right to freedom of conscience, belief, thought and religion;
7. the right to fair labour practices and standards.
Subject to subsection (1) of this section or any other provision of this Constitution, the rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable, is recognised by international human rights standards and is necessary and justifiable in an open and democratic society.
No Act of Parliament authorizing a declaration of a state of emergency and no legislation enacted or other action taken in consequence of such declaration may permit or authorize:
1. the granting of immunity, indemnity or amnesty in respect of unlawful acts committed during the state of emergency;
2. the derogation from or limitation or restriction of the following rights
  1. the right to life;
  2. the right not to be tortured or subjected to inhuman or degrading punishment or treatment;
  3. the right to human dignity;
  4. the right not to be placed in slavery.