n Without Prejudice - The end of confidentiality? : litigation

Volume 15, Issue 10
  • ISSN : 1681-178X



It is accepted that one of the fundamental principles under the South African Constitution is openness and transparency. Section 32 specifically enshrines the right of access to any information held by the state, and any information held by another person that is required for the exercise or protection of any rights. The rights contained in the Bill of Rights are subject to the limitations ins36, or elsewhere in the Bill of Rights. It is, therefore, also accepted that rights may be limited in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.

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