LANGA J [98] This finding with regard to the first question, makes it unnecessary in my view to canvass the second in fine detail. Nor is it necessary, in my view, to canvass the underlying free expression issues and to draw lines between different classes of sexually explicit material. Whether possession of the video cassettes which constitute the subject matter of these cases would be constitutionally protected is a question we need not consider in this instance. [99] In paragraph [91] of the judgment, Didcott J makes the assertion that “[w]hat erotic material I may choose to keep within the privacy of my home, and only for my personal use there, is nobody’s business but mine. It is certainly not the business of the state.” My understanding is that this statement is subject to the qualification that the right referred to, as is the case with other Chapter 3 rights, is not necessarily exempt from limitation. That the limitation may extend to possession even in the privacy of one’s home in certain circumstances is a possibility acknowledged by Didcott J in paragraph [93]. The precise circumstances are not a matter we are called upon to delineate here and I agree that it is wise to refrain from attempting to do so in this matter. What is clear is that an intrusion into such privacy cannot, as was the case in the past, be permissible unless it can be adequately justified on the basis of section 33(1) of the Constitution. [100] The emphasis with which Didcott J expresses himself with regard to the individual’s right to privacy135 has to be seen against the backdrop of our history and the fact that constitutional protection of this right is new in this country. It is a right which, in common with others, was violated often with impunity by the legislature and the executive.136 Such emphasis is therefore 135 I refer in particular to the first two sentences in paragraph [91] of the judgment. 136 For example, s 16 of the Sexual Offences Act 23 of 1957 prohibited interracial sexual intercourse and marriage; s 71 of the Internal Security Act 74 of 1982 and s 118 of the Post Office Act 44 of 1958 authorised or permitted 55