Section 36(1) of the Constitution stipulates that a fundamental right may be limited by law of general application only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account relevant factors including:

  • the nature of the right;
  • the importance of the purpose of the limitation;
  • the nature and extent of the limitation;
  • the relationship between the limitation and its purpose; and
  • less restrictive means to achieve the purpose.

To determine whether there is sufficient reason for a deprivation, it is necessary to evaluate the relationship between the purpose of the law and the deprivation caused by that law. [footnote omitted]

Madlanga J in Chevron SA (Pty) Limited v Wilson t/a Wilson’s Transport (CCT 88/14) [2015] ZACC 15 (5 June 2015) at para [32].