Safeguarding Fundamental Rights in the Age of Telemarketing: A South African Constitutional Law Perspective
Katlego Arnold Mashego ORCID ↗ · Tshilidzi Knowles Khangala ORCID ↗
International Journal of Business Ecosystem & Strategy · 2026 · Vol. 8 / Issue 4 · 778-785
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Abstract
This paper provides a systematic constitutional analysis of telemarketing regulation in South Africa, arguing that intrusive practices violate the foundational rights to privacy, dignity, freedom of association, and equality. Using a doctrinal methodology, it examines the jurisprudential evolution of these rights in digital commerce, the efficacy of key statutes such as the Consumer Protection Act (CPA) and the Protection of Personal Information Act (POPIA), and the normative influence of international law. The analysis reveals a critical disjuncture between robust constitutional guarantees and their practical enforcement, exacerbated by systemic challenges including inadequate regulatory capacity, technological advancement outpacing legislation, and the disproportionate targeting of vulnerable populations. The paper concludes by proposing an integrated, rights-based reform agenda, contending that effective telemarketing regulation is essential not only for protecting fundamental rights and human dignity in the digital age but also for promoting consumer trust, ethical business conduct, and sustainable digital market development.
Keywords: {'name': 'Telemarketing'}, {'name': 'Constitutional Rights'}, {'name': 'Privacy'}, {'name': 'Dignity'}, {'name': 'Consumer Protection'}
Authors & affiliations
Katlego Arnold Mashego
Tshwane University of Technology
Tshilidzi Knowles Khangala
Tshwane University of Technology
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