Fair Presentation and SA Constitution

The Constitution asserts that every individual is entitled to freedom and security of the person, which inherently includes the right not to be subjected to treatment or punishment that is cruel, inhuman, or degrading. This principle underscores a fundamental aspect of human rights that evolves over time to reflect changing societal values and norms.

In the 18th century, societal standards were markedly different from those of today. Punishments that were once deemed acceptable and humane might now be considered inhuman or degrading. The terms “inhuman” and “degrading” are inherently tied to the prevailing attitudes and ethical standards of a given era. What one generation accepts as normal, another may view as barbaric or unjust. This evolution in perception highlights the fluid nature of these concepts.

For example, practices such as public flogging or the use of stocks, which were common in the past, are now largely seen as violations of human dignity. As societies develop greater empathy and understanding of human rights, the threshold for what constitutes inhuman or degrading treatment tends to lower. This reflects a growing consensus that upholds the intrinsic value of human dignity and welfare.

However, the concept of cruelty is arguably less subject to temporal fluctuation. Cruelty implies a deliberate intention to cause suffering, pain, or distress. This inherent malevolence is a constant, less influenced by changing social norms or cultural perceptions. What was considered cruel centuries ago remains cruel today, as it fundamentally involves an intent to inflict harm beyond what is necessary or justifiable.

When comparing fair presentation to these concepts, it aligns more closely with the notion of cruelty rather than with inhuman or degrading treatment. Fair presentation involves honesty, integrity, and a lack of intentional harm. In this sense, it resonates with the idea that cruelty is universally recognizable and condemnable across different eras.

In summary, while the definitions of inhuman and degrading treatment may shift over time to reflect societal changes, cruelty remains a constant marker of ethical boundaries. Fair presentation, rooted in fairness and justice, parallels this enduring understanding of cruelty rather than the more fluid concepts of inhuman or degrading treatment. This distinction is critical in interpreting constitutional rights and ensuring that the principles of freedom and security of the person are upheld consistently and appropriately across time.

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