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Thread: Section 18. Freedom of association

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    Section 18. Freedom of association

    Please explain the section of the constitution in more detail.

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    what do you wanna know?

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    Platinum Member sterne.law@gmail.com's Avatar
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    In a nutshell people are entitled to form groups/associations for what ever reason, provided the reason is lawful.
    In other words an organization can not be banned, like the ANC was, and other such political groups.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Quote Originally Posted by sterne.law@gmail.com View Post
    In a nutshell people are entitled to form groups/associations for what ever reason, provided the reason is lawful.
    In other words an organization can not be banned, like the ANC was, and other such political groups.
    Must a groups allow all and everybody who wants to join into the group or can there be certain restrictive rules.

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    Site Caretaker Dave A's Avatar
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    There can be restrictive rules.

    I was going to say "as long as it doesn't fall foul of the unfair/unlawful provisons of the constitution", but that probably isn't right.

    Take religious discrimination - It seems entirely reasonable that a church would require its members to be of the religion of the church, for example.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The limitations clause of the Constitution, S36, is very important.
    This is the section that allows you to limit a right, provided it meets certain criteria -
    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 and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including :

    a) the nature of the right;

    b) the importance of the purpose of the limitation;

    c) the nature and extent of the limitation;

    d) the relation between the limitation and its purpose; and

    e) less restrictive means to achieve the purpose.

    A good example -
    The right to earn an income, freedom of trade etc - however there are laws that limit this right because you can onlytrade business in certain areas.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Hi, I am new here and want to start with a question regarding this topic.

    I am a member of a private sport club with restricted rules. One of the rules is that a person may not be a member of this club if he is a member of another club in the area with the same objectives. To name one reason this is to have the members loyal to the club only and represent the one club only during events. There are other reasons as well. No we are in a situation where a member joined the club and we learned that he is a member at another club as well. We know we cannot force him to end his membership at the other club, but we ended his membership with us. Now he is of the opinion it is against his constitutional rights. The rule was there long before he became a member and we feel that it is our right to have this rule and therefor expel people not obeying the rule.

    What is the legal situation in a case like this?

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