Freedom of Association in South Africa

Abstract This article examines, as a foundational touchstone, the ways in which the South African Constitutional Court has interpreted the nature, scope and rationales that undergird the right to freedom of association enshrined under Section 18 of the Constitution. It is divided into two inter-linked thematic parts. Part i . outlines the socio-legal and historical development of the right, its nature and scope understood within a unique constitutional framing: its positive and negative elements, applicability of international law, comparative case law, and justifiable limitations. Part ii . then highlights some of the key rationales for respecting, protecting and promoting freedom of association, in particular, on the interplay between collective interests, group rights and individual liberty within the wider purposes of ensuring harmonious and coherent democratic pluralism. It seeks to inform, demystify and map the common threads and key underpinnings of the Court’s highly interpretative approach and provides plenty of room for further exploration, reflection and analysis.