القاعدة ذات الصلة
South Africa
Practice Related to Rule 94. Slavery and Slave Trade
South Africa’s Constitution (1996), as amended to 2003, states:
13. Slavery, servitude and forced labour.
No one may be subjected to slavery, servitude or forced labour.
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37. States of emergency.
(1) A state of emergency may be declared only in terms of an Act of Parliament and only when –
(a) the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; …
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(5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration may permit or authorise –
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(c) any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.
South Africa, Constitution, 1996, as amended to 2003, Sections 13, 37(1)(a) and (5)(c).
In the “Table of Non-Derogable Rights”, the Constitution includes section 13, entitled “Slavery, servitude and forced labour”, and states that the right is protected “[w]ith respect to slavery and servitude”.
South Africa, Constitution, 1996, as amended to 2003, Section 37.
South Africa’s ICC Act (2002) reproduces the definitions of crimes against humanity of the 1998 ICC Statute, including “enslavement”.
South Africa, ICC Act, 2002, Schedule 1, Part 2, § 1(c).
