Covid-19 lockdown casts pall over SA's Freedom Day celebrations

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OPINION: For the first time since the end of apartheid in 1994, citizens have had to accept stringent restrictions on their normal civil liberties, writes Richard Calland. COVID19inSA FreedomDay day32oflockdown

South Africans “celebrate” Freedom Day through gritted teeth, with a wry smile and an acute sense of irony, this year. Many, if not most, will be lamenting the loss of freedom due to the Covid-19 lockdown.

It contains 26 rights, many of which have seen active service in the years since the constitution came into effect in early 1997. The constitution, including the charter of rights enshrined in chapter 2, is inevitably and appropriately the subject of frequent, deep and sometimes bitter contestation. Rights have frequently been claimed by individuals and communities to defend themselves from irrational, unreasonable or otherwise unlawful conduct by both state and private sector entities.

The need to have a permit to move from town to town or province to province, or simply to transport produce, is perhaps even more evocative – redolent of JM Coetzee’s novel The Life and Times of Michael K. Other, more subtle, limitations will apply; for example, to the right to privacy. A crisis of this scale and danger may justify greater intrusion into people’s online and cellular telephonic personae. Substantially reduced levels of data protection, ordinarily a matter of very great concern, may well be justified.This provides an interesting example of how rights’ infringement may cut both ways.

 

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