16 S.C. 128\02 “Freedom of expression is a cornerstone upon which the very existence of a democratic society rests.”12 The right of free speech is universally recognised as one of the most precious of all political rights which is central to open, transparent, accountable and democratic government. The above and other academic evaluations of the importance of free speech have received world wide judicial recognition and have been most elegantly expressed by Mr Justice CARDOZO in his often quoted words:- “Of that freedom (thought and speech) one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom.”13 In the case of Chavunduka & Anor v Minister of Home Affairs and Anor14 this Court had this to say:- “This Court has held that s 20(1) of the Constitution is to be given a benevolent and purposive interpretation. It has repeatedly declared the importance of freedom of expression to the Zimbabwean democracy … Furthermore, what has been emphasised is that freedom of expression has four broad special objectives to serve: (i) it helps an individual to obtain selffulfilment; (ii) it assists in the discovery of truth, and in promoting political and social participation; (iii) it strengthens the capacity of an individual to participate in decision-making; and, (iv) it provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change.” 11 Handyside v United Kingdom (1976) 1 EHRR 737, para 49 Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC-5/85 of 13 November 1985, Series A, No 5, para 70 13 Rights of Access to the Media at page 3 14 2000 (1) ZLR 522 (SC) at 558D-E 12

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