Section 11 of the South African Constitution is one of the shortest provisions in the Bill of Rights, yet arguably one of the most powerful.
It states simply: “Everyone has the right to life.”
There are no conditions, qualifications, or exclusions. Yet questions remain about what this right means in practice.
Is it merely about the state refraining from taking life, or does it also require active measures to protect life—through policing, healthcare, and access to safe living conditions?
In the landmark S v Makwanyane case, which abolished the death penalty, the Constitutional Court described the rights to life and dignity as the most important of all human rights. The judgment clarified that, in a constitutional democracy, the state may never take life as a form of punishment.
Speaking to VOC, Professor Tshepo Madlingozi, Commissioner at the South African Human Rights Commission, placed the right to life in its historical context.
“When we speak about the right to life in South Africa, we have to place it into context—a context of settler colonialism, which meant that under colonialism, some people were considered human beings while others were not. That is our history: a history of genocide and slavery. For us in South Africa, this is one of the most important rights. That’s why it appears among the first substantive rights in the Constitution.”
“It applies to everyone—undocumented people, and people suspected or convicted of crimes. Today, crime, poverty, lack of food, and inadequate shelter all threaten the realisation of this right. These are the lived realities that affect whether people can enjoy the right to life.”
Listen to the full interview with Professor Tshepo Madlingozi below:
Meanwhile, amid rising calls for the reinstatement of the death penalty, constitutional experts stress that Section 11 and capital punishment cannot coexist.
“The Makwanyane case clarified that the death penalty is inconsistent with the right to life,” said Melusi Simelane, Civic Rights Programme Manager at the Southern Africa Litigation Centre.
“The right to life is not just about refraining from taking life; it’s also about ensuring safeguards and mechanisms to protect life for all.”
Listen to the full interview with Melusi Simelane below:
VOC News
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