Judgment No. SC 47/18 Civil Appeal No. SC 695/15 citizen. In the context of privacy this would mean that it is only the inner sanctum of a person, such as his/her family life, sexual preference and home environment, which is shielded from erosion by conflicting rights of the community. This implies that community rights and the rights of fellow members place a corresponding obligation on a citizen, thereby shaping the abstract notion of individualism towards identifying a concrete member of civil society. Privacy is acknowledged in the truly personal realm, but as a person moves into communal relations and activities such as business and social interaction, the scope of personal space shrinks accordingly.” This constitutes confirmation that the right to privacy can be limited by other rights that accrue to other citizens and that as an individual engages with the community in business or other social interactions, the scope of such right becomes limited. Whilst this principle is accepted, the appellants contend that the subpoena issued by the first respondent was too wide in its scope such that it cannot be accepted as fair and justifiable in a democratic society. It allows the first respondent to have access to its competitor’s information which information has not been shown to be necessary for the advancement of its cause. In fact, no attempt has been made to justify its wide ambit. The only issue upon which the first respondent relies is that the second appellant is its competitor in the provision of cellular services and it wishes to find evidence that it was being treated differently by the second respondent. It has not justified the intrusion in respect of the period from 1998 to 2009. The lack of particularity and specificity of the subpoena opens avenues for an unwarranted invasion of the first appellant’s privacy. The first respondent in its heads of argument cites the English case of Home Office v Marman [1982] 1 All ER 532, 540 where the following view was expressed: “Discovery constitutes a very serious invasion of the privacy and confidentiality of a litigant’s affairs. It forms part of English legal procedure because the public interest in securing that justice is done between parties is considered to outweigh the private and

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