Going to court when your constitutional rights are violated

Steps

1. File a petition at the High Court. It has the power to decide whether a right or freedom in the Bill of Rights has been denied, violated or threatened.
2. The petition must state: your name and address; the facts; the constitutional provision violated; the harm caused or likely (to you, the person you act for, or in a public interest case to the public or community); any related civil or criminal case; the order you want. You or your advocate must sign it. Use Form A in the Rules' Schedule.
3. Attach any document you rely on to your supporting affidavit, or to the petition itself if you have no affidavit.
4. Explain what happened and which right was affected. Formalities are kept to a minimum and the court can accept informal documents if needed.
5. Ask for the order you need. The court can give a declaration of rights, an injunction, a conservatory order, compensation, judicial review, or declare a law invalid.

Who this covers

• Every person, citizen or not.
• You can also file for someone who cannot act for themselves, for a group, in the public interest, or as an association for its members.