These are the questions explored by Nelson Mandela University graduate Dr Priscilla Tariro Moyo, whose research examined how constitutional rights were limited during the COVID-19 pandemic under the justification of “the greater good”.
Newly-graduated Doctor of Laws, Priscilla Moyo (middle) celebrates with her supervisor, Prof Amanda Spies (right) and Executive Dean of Law, Dr Lynn Biggs
Supervised by Associate Professor Amanda Spies, Dr Moyo’s thesis, titled The Greater Good as a Justification for the Limitation of Rights During a Public Health Emergency: The Case of COVID-19, earned her a Doctor of Laws at the University's Autumn Graduation.
The research explores the tension between collective safety and individual freedoms during crises — an issue Dr Moyo believes societies cannot afford to ignore when preparing for future emergencies.
“COVID-19 affected everyone — the young and the old,” says Dr Moyo. “Rights were severely restricted in order to protect the greater good/public safety. So, I kept on wondering what the parameters were and the extent to which the State had given due consideration to human rights.”
Human rights under pressure
Dr Moyo’s interest in human rights law deepened during her second year as a student while participating in a university dissemination project focused on the right to water and sanitation.
Her group worked with residents in Motherwell, exposing her to the lived realities faced by many communities.
Years later, the COVID-19 pandemic presented an opportunity to critically examine how governments respond to emergencies when constitutional rights are at stake.
Her research argues that while governments have a duty to protect collective safety during crises, broad concepts such as “the greater good” should not become vague justifications for disproportionate limitations on human rights.
Dr Moyo explains that South Africa’s State of Disaster did not suspend the Constitution, yet many emergency regulations had the effect of severely restricting rights.
She says one of the central problems was that neither the State nor some court judgments clearly defined what “the greater good” meant or what its limits were.
“Why rely on a vague concept like the greater good when the Constitution prescribes the circumstances under which rights may be limited under section 36?” she asks.
Her research explored the relationship between the greater good and constitutional values such as ubuntu, arguing that while both share communitarian principles, they remain broad concepts capable of different interpretations depending on who applies them.
Lessons from COVID-19
The study also examines how emergency responses affected ordinary people during lockdowns and public health restrictions.
Dr Moyo points to examples such as restrictions on religious gatherings and the impact of lockdowns on informal workers who lost their livelihoods during the pandemic.
“The focus became public safety and human rights took a back seat,” she says, adding that a stronger human rights-based approach to public safety could have produced different outcomes.
One example she highlights is the Mohamed case, which raised tensions between religious freedoms and public health protections during the pandemic.
Although she believes South Africa did its best under unprecedented circumstances, Dr Moyo says the pandemic revealed weaknesses within both domestic and international legal frameworks governing public health emergencies.
“An interesting finding was the fact that the current international framework has its flaws in protecting human rights during a public health emergency,” she says. “This, in turn, makes it difficult to understand the parameters of how concepts like public health and public order take precedence over human rights.”
She believes future emergency policies must remain firmly grounded in constitutional principles.
“That any policy regulating Public Health Emergencies must be guided by a human rights-based approach,” says Dr Moyo.
Her research aligns with broader themes of social justice and democracy, particularly in societies where constitutional protections form a central part of democratic identity.
“This research is important because when people are managing emergencies no one dares to ask the difficult questions,” she says. “While the focus should be on a public health emergency when faced with one, human rights should not take a backseat.”
Resilience, mentorship and purpose
Behind the academic achievement lies a journey shaped by mentorship, perseverance and personal loss.
Dr Moyo credits several mentors for influencing her academic development, including Prof Spies, who introduced her to rigorous legal scholarship and played a critical role during her doctoral journey by consistently challenging and strengthening her analytical thinking, she says.
“She was amazing as a supervisor - always provided feedback timeously and constructively. She pushed my analytical capabilities in ways I never thought would be possible.”
One of the most difficult moments during her doctorate came when her father passed away during the same week she was due to submit her final work.
She says her faith sustained her during the most challenging periods of the journey.
“When I felt like giving up, I knew God was with me, so I kept pushing,” she says.
Now working as an independent consultant specialising in constitutional law, human rights and administrative law, Dr Moyo hopes her research will help shape future policy responses to emergencies in South Africa and beyond.
She says governments and courts alike must remain guided by constitutional principles rather than allowing broad concepts to override fundamental rights protections.
Her message, she says, is ultimately a simple one:
“Before reacting to any situation, let’s consider human rights.”
Born in Gweru, Zimbabwe, Dr Moyo attended Stanley Primary School before completing both her Ordinary and Advanced Level studies at Fletcher High School. She later moved to South Africa to study law at Nelson Mandela University, graduating cum laude with her LLB degree in 2018 before completing a master’s degree, Research in Public Law in 2020, followed by her doctorate in 2026.
Her interest in law began with a desire to serve communities who often struggle to access legal assistance.
“I always had a passion for helping people within the community,” she says. “When I realised that most people cannot afford legal services, I was drawn to the profession so that I could assist members of my community.”