Constitution.
The Common-law Offence of Sodomy as an Infringement of the Rights to Dignity and Privacy
[28]Thus far I have considered only the common-law crime of sodomy on the basis of its inconsistency with the right to equality. This was the primary basis on which the case was argued. In my view, however, the common-law crime of sodomy also constitutes an infringement of the right to dignity which is enshrined in section 10 of our Constitution. As we have emphasised on several occasions,[1] the right to dignity is a cornerstone of our Constitution. Its importance is further emphasised by the role accorded to it in section 36 of the Constitution which provides that:
“The rights in the Bill of Rights may be limited only 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…”.
- ↑ S v Makwanyane and Another 1995 (6) BCLR 665 (CC); 1995 (3) SA 391 (CC) at paras 328–330; Hugo above n 17 at para 41; Prinsloo above n 17 at paras 31-33; Ferreira v Levin NO and Others 1996 (1) BCLR 1 (CC); 1996 (1) SA 984 (CC).
