Abstract
The constitutional right to privacy, enshrined in Section 14 of the South African Constitution, has faced significant interpretative challenges in the context of national security. This paper critically examines the Constitutional Court’s jurisprudence on the scope and limitations of privacy rights, particularly where state surveillance measures are justified on grounds of security. Central to this analysis is the landmark AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services judgment, which declared aspects of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) unconstitutional for failing to provide adequate safeguards against abuse. The Court’s interpretation highlights the principle that, while national security is a legitimate state interest, limitations on privacy must satisfy the proportionality test outlined in Section 36 of the Constitution. This study explores the Court’s reasoning, its emphasis on judicial oversight, post-surveillance notification, and data protection, and evaluates the implications for future legislative reforms. The findings reveal a jurisprudential shift towards a rights-based approach that seeks to reconcile security imperatives with constitutional guarantees, thereby reinforcing accountability and the rule of law in a democratic society.