The law of privacy in Civil Procedure

The book examines the protection of the law of privacy in as far back as the period between the Tables and Justinian’s Corpus Juris Civilis. It looks at the approach followed by the Constitutional Court after the Interim Constitution was passed. In addition, the book critically analyses the provisions of the Constitution of the Republic of South Africa of 1996. Section 14 of the Constitution is read and interpreted with the provisions of the Protection of Personal Information Act 2 of 2000, Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 and the Electronic Communications and Transactions Act 25 of 2002. These statutes are ultimately applied in civil procedure proceedings to determine the extent of the protection of privacy and the breach thereof. The book analyses the approach followed by the South African courts in cases relating to the invasion of privacy. In addition, the book does a comparative study between South Africa, Germany, and the United Kingdom. The book concludes by providing a recommendation that the courts and the legislature may invoke to further shield the right to privacy in civil procedure.