Ackermann J
discrimination in this case constitutes at the same time and independently a breach of the rights of privacy and dignity which, without doubt, strengthens the conclusion that the discrimination is unfair.
Justification
[33]Although section 36(1)[1] of the 1996 Constitution differs in various respects from section 33 of the interim Constitution[2] its application still involves a process, described
- ↑ Which provides thus:
“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, taking into account all relevant factors, including—
(a) the nature of the right; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose.” - ↑ More particularly in that the prohibition against the negation of “the essential content of the right in question” in section 33(1)(b) and the “necessary” requirement in the proviso to section 33(1) have been omitted from section 36(1) of the 1996 Constitution.
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