In this podcast episode, Professor Donrich Thaldar and Ms Michaela Steytler discuss the right to freedom of scientific research.

Summary

Despite the fact that the Constitution explicitly protects the right to freedom of scientific research, this right features neither in the preamble of any legislation, nor in any reported case law. If the right to freedom of scientific research remains in obscurity, South Africa can slip into totalitarian control of the scientific enterprise – to the detriment not only of scientists, but also of society in general. The right to freedom of scientific research should play a more central role in policy-making. This is not only because it is an enumerated constitutional right, but also because it is important in its own right, as it serves purposes that are at the core of our constitutional value-system: promoting individual autonomy, facilitating the search for truth, and supporting democracy. The notion that government should somehow seek to regulate every new scientific development is erroneous, as freedom should be the default position in science-related policy, and should only be limited by regulation if and to the extent that it is constitutionally justified.

Further reading

Thaldar DW, Steytler M. Time for Cinderella to go to the ball: Reflections on the right to freedom of scientific research. South African Law Journal. 2021.