Section 36 of the South African Constitution provides for limitations to the exercise of all the rights in South Africa, including those enshrined in the Bill of Rights. The reason for this is to ensure that the exercise of these rights does not infringe on the rights of others or undermine the broader public interest.
In other words, while the Bill of Rights guarantees a range of fundamental rights and freedoms, these rights are not absolute and must be balanced against the rights and interests of others and the broader public good. Section 36 provides a framework for balancing these competing interests and ensures that the exercise of rights is subject to reasonable and justifiable limitations.
For example, the right to freedom of expression is a fundamental right enshrined in the Bill of Rights. However, this right is not absolute and may be limited in certain circumstances, such as when it involves hate speech or incitement to violence. Section 36 provides a framework for assessing whether such limitations are reasonable and justifiable in a democratic society, taking into account factors such as the nature of the right, the purpose of the limitation, and the extent of the limitation.
Overall, Section 36 is an important provision that ensures that the exercise of rights is balanced against other important interests and that the broader public interest is protected.