10
an abridgement of that right.
S.C. 128\02
Such an abridgement has to be saved by one of the
provisos in section 20 of the Constitution to be lawful.
Thus, in this regard, the issue that falls for determination is what
meaning is to be ascribed to section 20 of the Constitution. Put differently, does the
freedom of expression entrenched by section 20 of the Constitution include freedom
of the press?
The issue here is one of the interpretation of section 20 of the
Constitution.
It is trite that in interpreting statutes, including the Constitution, the
golden rule is that in order to ascertain the intention of the legislature the words of a
statute or legislation are to be given their ordinary or primary meaning.
It is only
where that primary meaning of the words are obscure or lead to absurdity that other
principles of interpretation are invoked to assist in the ascertainment of the intention
of the legislature.
Some support for this approach can be derived from the fact that in
other jurisdictions where the legislature has sought to entrench freedom of the media
or the press explicit and unambiguous language has been used.
For instance in the South African Constitution the following provisions
are found:-
“16.(1)
Everyone has the right to freedom of expression, which
includes –