This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Property Rights in South Africa:
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
For the purposes of this section:
The public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
Parliament must enact the legislation referred to in subsection.
It is best when you are working in a foreign country that you abide by the rules and regulations for your employment. Thailand has very strict laws governing the employment of foreigners. There are many areas of employment that are restricted to only Thai nationals and therefore foreigners are not allowed to work these jobs. Once you meet the requirements you will need to submit your Thailand work permit application to the Labor Department for approval. We will review the process for your work permit application.
Thai Work Permit Process: Obtaining a work permit requires an applicant to gather the necessary documents prior to applying.
First, the applicant must obtain a Non-immigrant visa category "B". To receive a category B visa the applicant should file a petition with the Thai embassy in his or letselschade berekenen her native country at least 30 days before the planned departure. The applicant should include with the petition
1. Proof that the applicant has been offered a job or starts a Thai company and will employ himself or herself,
2. A request from the company that the applicant be granted a visa,
3. A statement from the company declaring the applicant to be dependable, upstanding and law abiding,
4. And finally, registration and financial statements from the company.
Second, once the category B visa has been granted the applicant and the employer should complete the necessary petition and provide a number of additional documents. The applicant should provide the following documents
1. The applicant's passport along with copies of every page of the booklet (the copies must be signed by the applicant),
2. The non-immigrant visa category "B",
3. The applicant's departure card TM 6,
4. A signed copy of the applicant's educational degree(s)
5. A signed copy of the applicant's transcript
6. The applicant's CV or Resume that describes past positions, duties, performance reviews, length of tenure at the positions, and the locations of employment
7. Three 5 X 6 photos of the applicant's face that have been taken in the past six months
8. Any certificates or licenses held by the applicant (the copies must be signed by the applicant,)
9. Any marriage certificates if the marriage is to a Thai national (this includes the original and signed photocopies and the spouse's ID card, birth certificates of children and household registration documents,)
10. Note: The Thai officials handling the application may require that the document be certified by the applicant's embassy requiring a person to go to the embassy prior to submitting the document.
In addition to applicant's documents, the company should also provide the following materials all of which require the seal of the company stamped on each page along with signatures of the Managing Director(s):
1. A Commercial Registration Department Certificate demonstrating that the company is registered as a juristic person (the document should include the name of the Managing Director(s) along with the registered capital and objections,)
2. A list of the shareholders that has been certified by the Commercial Registration Department,
3. A VAT Certificate - Phor Phor 20,
4. If necessary a factory license issued by the Factor Department of the Ministry of Industry,
5. And if the work permit is being renewed then a Withhold Tax - Phor Ngor Dor 1.
6. Note: Other documents may be requested.
Third, while these are required documents often times a job description can help in having the work permit approved. The job description should indicate why a Thai national would not be able to satisfy the job requirements. Additionally it is important to never let the applicant's visa expire during the process of waiting for a work permit as it will reset the process. Finally, once the work permit has been approved the applicant must go to the Labor Department and sign the permit.
Additional Steps: Once you have a Thai Work Permit the applicant may or must complete a few additional steps in order to fully enjoy the permit.
· Obtaining a re-entry visa which allows the applicant to leave and reenter the country without forfeiting the visa or work permit.
· Renewing the visa and work permit if the applicant wishes to remain and work in Thailand for an additional period of time.
· Obtaining a Tax ID card and Tax ID Number which will be needed for tax documents.
· Report to the Thai Immigration Police every 90 days to ensure the work permit and visa are being maintained or if the applicant has a multiple re-entry visa then leaving and reentering Thailand will satisfy this requirement.