Section 14 of the Constitution provides that “everyone has the right to privacy”; this extends to matters such as not having one’s person, home or property searched; not having possessions seized and respecting, not impinging on the privacy of individual communications.
A breach of a person’s right to privacy is infringed where a person’s personal privacy or personal facts are unlawfully disclosed or encroached.
Instances where this can arise are shadowing of a person, unlawful entry into private residence, a doctor without authority informing third parties that his patient has an illness such as HIV, and peeping at a woman without the necessary consent whilst she undresses.
However, this right is not unlimited and may be limited in terms of section 36 of the Constitution. For example, in cases for example where a court order has been issued to search someone’s property or premises in the interests of justice, such entry is not an infringement of privacy.
Bernstein versus Bester is the most comprehensive interpretation of the right. Where someone has consented explicitly or implicitly to having your privacy invaded, then it cannot be expected that you have the right to privacy.
The protection for the right to privacy lies with the law of delict, the Bill of Rights and legislation.
You lose your privacy, and sometimes, people don’t see you as human (Shawn Wayans).
Compiled by Tracey-Lee Lindsay – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
