Considering the daunting past of South Africa which included legislation such as the Aliens Control Act No 40 of 1973, section 22 of the Constitution plays a significant role in the transformation of our country. Section 22, which seeks to protect the economic activities of South Africans and implies the right to access to work, states that “Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law”.

With that said, it is important to highlight that the term “citizen” used in the first sentence of the provision indicates that the right only protects the economic activities of South Africans in our country. The right to access to work and economic activities of immigrants and internationals are not protected by this provision. However, there are other legal instruments in place to protect the interest of non-citizens in this regard.

Furthermore, the second sentence of the provision signifies that section 22 of the Constitution is qualified. In other words, the right to choose your trade, occupation or profession freely may be limited by law. In the case of South African Post Office v Van Rensburg & Another 1998 (1) SA 796 E, where section 22 of the Constitution was considered for the first time, the Court held that ‘the content of the right in section 22 of the Constitution is the right to choose a trade, occupation and profession, within the framework of any lawful regulations which controls its practice. The power of government to control the practice of a trade, occupation or profession necessarily involves the power to place such restrictions on the practice of a particular trade, occupation or profession as are considered necessary or desirable.’