15 S.C. 128\02 Zimbabwe is a party to the African Charter and Peoples Rights. The African Charter provides in Article 9 as follows:- “1. Every individual shall have the right to receive information. 2. Every individual shall have a right to express and disseminate this opinion within the law.” The African Commission on Human and Peoples’ Rights noted, in respect of the above Article 9 of the ACHPR:- “This article reflects the fact that freedom of expression is a basic human right vital to an individual’s personal development, his political consciousness and participation in the conduct of the public affairs of his country.” (Ref on p 6 of Applicant’s heads of argument) Zimbabwe, as I have already stated, is a party to the ACHPR and consequently Article 9 should provide a legitimate guide in interpreting section 20 of the Constitution. The European Court of Human Rights has also recognised the key role of freedom of expression:- ”Freedom of expression constitutes one of the essential foundations of [a democratic] society, one of the basic conditions for its progress and for the development of every man… it is applicable not only to ‘information’ or ‘ideas’ that are favourably received… but also to those which offend, shock or disturb the State or any other sector of the population. Such are the demands of pluralism, tolerance and broadmindedness without which there is no ‘democratic society.’”11 Similarly, the Inter-American Court of Human Rights stated:-