In part, section 12(2) of the bill of rights reads: Everyone has the right to bodily and psychological integrity, which includes the right to security in and control over their body. The state is obliged to respect, protect, promote and fulfil these rights and all other rights guaranteed to all in chapter two of the constitution, our supreme law.

When it comes to reviving the reform of gun control legislation, as alluded to in the 2026 state of the nation address, legislators will do well to put these section 12 rights front and centre in their deliberations.

Any new legislation that emerges from the processes envisaged by the president must be consistent with the constitution, failing which it is liable to be struck down as invalid by the courts for want of compliance with the provisions summarised above.

These rights must be read with the rights to inherent human dignity and to life itself. Freedom from all forms of violence from either public or private sources is also guaranteed to all in section 12.

Paul Hoffman

Accountability Now