,LCR4803 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE September 2025; 100%
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explanations.
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LCR4803 Assignment 2 – Complete Answers
QUESTION 1: Short Notes
(a) Section 14 – Right to Privacy (5)
Section 14 of the Constitution guarantees everyone the right to
privacy, which includes the right not to have:
Their person or home searched;
Their property searched;
Their possessions seized; and
The privacy of their communications infringed.
➡ This right recognises individual autonomy and dignity.
However, it is not absolute and can be limited (e.g., lawful
searches under the Criminal Procedure Act).
(b) National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA) –
Reasonableness Factors (5)
The SCA held that even if defamatory material is false,
publication may be justified if it was reasonable. Factors:
, Nature and extent of the publication;
Public interest in the information;
Reliability of sources;
Steps taken to verify the truth;
Urgency of publishing;
Whether the person affected was given an opportunity to
comment.
(c) Access to Children’s Court records – PAIA (5)
Section 12 of PAIA excludes personal and confidential
information concerning minors.
Children’s Court records are generally confidential to
protect the best interests of the child (section 28(2) of
Constitution).
Access may be granted only if: (i) in the child’s best
interest, or (ii) by an authorised person
(parent/guardian/legal representative).
(d) Scanlon’s Theory of Freedom of Speech (5)
T.M. Scanlon argues that restrictions on speech cannot be
justified by the harm principle unless such harm involves
violation of rights.
Semester 2 2025 - DUE September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
LCR4803 Assignment 2 – Complete Answers
QUESTION 1: Short Notes
(a) Section 14 – Right to Privacy (5)
Section 14 of the Constitution guarantees everyone the right to
privacy, which includes the right not to have:
Their person or home searched;
Their property searched;
Their possessions seized; and
The privacy of their communications infringed.
➡ This right recognises individual autonomy and dignity.
However, it is not absolute and can be limited (e.g., lawful
searches under the Criminal Procedure Act).
(b) National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA) –
Reasonableness Factors (5)
The SCA held that even if defamatory material is false,
publication may be justified if it was reasonable. Factors:
, Nature and extent of the publication;
Public interest in the information;
Reliability of sources;
Steps taken to verify the truth;
Urgency of publishing;
Whether the person affected was given an opportunity to
comment.
(c) Access to Children’s Court records – PAIA (5)
Section 12 of PAIA excludes personal and confidential
information concerning minors.
Children’s Court records are generally confidential to
protect the best interests of the child (section 28(2) of
Constitution).
Access may be granted only if: (i) in the child’s best
interest, or (ii) by an authorised person
(parent/guardian/legal representative).
(d) Scanlon’s Theory of Freedom of Speech (5)
T.M. Scanlon argues that restrictions on speech cannot be
justified by the harm principle unless such harm involves
violation of rights.
