The paper explores how various criminal justice system functionaries, including the South African Police Service (SAPS), the Department of Justice, the Department of Corrections, and lawyers, can incorporate Ubuntu principles into their daily work. The paper provides specific examples and strategie...
, 1. In the case of H v W, Judge Nigel Willis said, "...The law has to take into
account changing realities not only technologically but also socially, or else it
will lose credibility in the eyes of the people. Without credibility, law loses
legitimacy. If law loses legitimacy, it loses acceptance. If it loses acceptance, it
loses obedience. It is imperative that the courts respond appropriately to
changing times, acting cautiously and with wisdom."
With that in mind:
1.1 The impact of social media on the constitutional right to Privacy in
South Africa:
1.1.1 This reflection on the right to privacy in South Africa highlights the
necessity for ongoing dialogue and adaptation within the legal system to
uphold the values enshrined in the Constitution, particularly as they relate to
the ever-changing dynamics of social media and its implications for personal
privacy
1.1.2 social media has significantly impacted the constitutional right to privacy
by blurring the lines between public and private life. Users often share personal
information, sometimes unknowingly waving their privacy rights. This exposure
can lead to unauthorized data collection and surveillance, challenging the
traditional understanding of privacy protections. Furthermore, the rapid spread
of information on social platforms complicates legal frameworks, as courts
grapple with balancing free speech and privacy rights. As social media
continues to evolve, so too must the interpretations of privacy rights in the
digital age, highlighting the need for updated legal standards to protect
individuals.
1.1.3 "Facebook's Privacy Crisis: How the Social Network Became a Target for
Regulators" The Guardian, April 11, 2018
[https://www.theguardian.com/technology/2018/apr/11/facebook-privacy-
crisis-regulators]
1.2
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