Question posted in the Property Law category relating to Western Cape
I visited a residential security complex which requires a code to enter, this code is sent by the person being visited:
"You're invited to visit De Zicht, use PIN #612588 at the visitor keypad. PIN is valid from 2/7/2021 2:47 PM until 2/8/2021 2:47 PM, UNSHADED visitor bays only. Please enter on the RIGHT-HAND SIDE LANE ONLY!"
The same code is required when leaving the complex, however the message makes no mention of this. If you are not able to produce this code at time of exit you are not allowed to leave e.g. in instances where you may have entered with a resident or simply deleted the message.
Is this an infringement on my right to freedom of movement? If the security guards have no reason other than a lack of this code (no suspicion of wrondoing etc), can they legally prevent people from leaving by refusing to open the gate?
Answer to the Question
Hi there and thank you for your question,
I am a practising attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
In my opinion, this is a completely unacceptable limitation/infringement on your constitutional rights of the freedom of movement.
I can completely understand needing an access code to gain access to private property, but nobody is allowed to refuse you the right to leave the property.
I would have kicked up a huge fuss at the gate, blocking the gate, and calling the SAPS to come and assist.
If they think that you were up to no good, then they need to call SAPS to come and arrest you and charge you with something. e.g. theft.
But if they have no suspicion of wrongdoing, they can't just refuse to let you go.
This is an infringement of your constitutional rights!
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