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Privacy RevisitedA Global Perspective on the Right to Be Left Alone$
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Ronald J. Krotoszynski, Jr.

Print publication date: 2016

Print ISBN-13: 9780199315215

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199315215.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 January 2022

The Republic of South Africa

The Republic of South Africa

Privacy in South Africa: Deploying Dignity, Equality, and Freedom to Safeguard the Process of Democratic Self-Government

(p.75) Chapter 4 The Republic of South Africa
Privacy Revisited

Ronald J. Krotoszynski Jr.

Oxford University Press

This chapter discusses privacy in South Africa. The Republic of South Africa provides an example of a nation that largely renormalizes “privacy” into a broader concept of “human dignity.” Like Germany’s Basic Law, the 1996 Constitution establishes dignity, along with equality and freedom, as the nation’s “foundational” values. Dignity has, if not an absolute priority over other human rights, then at least a strong relative priority. South Africa’s commitment to dignity is plainly part of a larger effort to use the new post-apartheid Constitution, and the creation of a Constitutional Court vested with a power of judicial review, to ensure a clean, and complete, break with the twisted Herrenvolk democracy that it replaced. Dignity in South Africa is the legal concept used to help create and ensure not merely the theoretical equality of citizens under the law, but the reality of equal citizenship for all South Africans.

Keywords:   South Africa, dignity, equality, freedom, Constitutional Court, human rights, privacy

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