In addition, the submitter was of the view that section 32 (1) (b) of the Constitution, which deals with access to information, should not apply to criminal matters, as it allows the defense to gain an unfair advantage. However, section 32 (1) (b) does not specifically refer to accused persons. Instead, the rights relating to accused persons are contained in section 35 of the Constitution. Therefore, if an accused person requires information that is held by another person in order to exercise or protect a right, that accused person will have recourse to section 32 (1) (b) of the Constitution.