Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020) [2022] ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a more...
Eyes in the Sky: The Introduction of COVID-19 Contact Testing
The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.