O’REGAN J and SACHS J
another citizen. In the context of privacy this would mean that it is only the inner
sanctum of a person, such as his/her family life, sexual preference and home
environment, which is shielded from erosion by conflicting rights of the community.
This implies that community rights and the rights of fellow members place a
corresponding obligation on a citizen, thereby shaping the abstract notion of
individualism towards identifying a concrete member of civil society. Privacy is
acknowledged in the truly personal realm, but as a person moves into communal
relations and activities such as business and social interaction, the scope of personal
space shrinks accordingly.”37
At the very least, as the interim Constitution itself makes clear, it includes protection
against search and seizure and the violation of private communications. There can be no
doubt that autonomy to make decisions in relation to intensely significant aspects of one’s
personal life are encompassed by the term. As Ackermann J held in the Gay and Lesbian
Coalition (Sodomy) case:
37
Id at para 67.
49
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