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.

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3 February 2010 - 1:32am — James Watadza (not verified)

WHO SETS INTERNATIONAL HUMAN RIGHTS?

"...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.".

Africa does not contribute to the definition of 'international human rights'. America and Europe dictate. That said, we all know that the definition of human rights is incorrect, and flawed, and is nothing more than a loophole for chaotic social order...or disorder to take root. Criminals cannot be punished...because they have rights, crimes cannot be prevented, because the crimials have rights...children cannot be raised right...because of incorrectly defined rights...

Binding us, through our constitution to American and European norms, is like tying our legs to a sinking ship. The term "...is recognised by international human rights standards..." must be replaced by " ... is recognized by Bantu philosophy of fairness and justice..." . I know most intellectuals, educated by Europeans and Americans, may find this a tough leap..but it's the only way we can enshrine the propagation of our customs, ways and identity as Bantus..we cannot allow our ways to be swallowed up by the West. Our children deserve more from us that that!