Die reg van die individu op beskerming teen alle vorme van misdaad en die regsplig van die staat wat daaruit voortvloei

Abstract

Crime is a reality within the South African community which threatens the democratic society of South Africa. For this reason, crime can no longer be considered just a social problem, but now also a human rights issue. The principles of the provisions as laid down in the Bill of Rights are aimed at serving the protection of the residents of South Africa, but have itself become one of the countless victims in the struggle against crime. Within common law, both the criminal law and the law of delict have remedied the questions presented by crime and the questions of damage that flow there from. This structural protection has been extended and confirmed with the acceptance of the Bill of Rights in relation to the constitutional provisions set forth therein. The Constitution determines very clearly that the rights are not simply enforceable on a horizontal level, but that all legal subjects within the South African law must adhere to those rights. The purpose of this study is to investigate the Constitutional provisions of the question of crime. At the same time the effectiveness of the protection against crime that is received and the practical application of these provisions of protection are examined. A number of recommendations will be made to attribute to the practicality of the implementation and the prevention of the violation against these rights.