Judgment No CCZ 2/14 13 Const. Application No CCZ 78/12 was perfectly consonant with the new South African Constitution. The offence was reasonably required to protect personal reputations and did not go further than was necessary to accomplish that objective. It was not too drastic a limitation on the right to freedom of association. In an article written by Vinayak Bhardwaj and Ben Winks, in the Mail & Guardian of 1 to 7 November 2013, commenting on the decision in Hoho’s case, the vital differences between criminal and civil liability are commendably highlighted. I take the liberty to quote extensively from this article and to associate myself with the propositions articulated therein: “Civil law exists to provide relief and restitution when one person harms or threatens to harm another’s private interests. Criminal law exists to ensure retribution and protection of the public, by detaining offenders and deterring others from offending. For assault, imposing imprisonment or supervision is essential to protect the victims and the public at large. For damaging speech, however, the civil law is as effective, if not more so, in providing the public with proportionate protection from offenders. Crucially, freedom of expression is constitutionally enshrined and encouraged, as the lifeblood of democracy. The freedom to wield fists and firearms enjoys no similar status in our supreme law. Thus the analogy between assault and defamation breaks down. It is an unreliable guide to finding an appropriate balance between the rights to dignity and free speech. It is also disputable that civil and criminal defamation impose equivalent limitations, and that the harsher consequences of criminal liability are neatly offset by the heavier burden of proof. There are important differences in practice and in principle. First, a prosecution targets the journalist rather than the journal. A civil suit is aimed primarily at the defendant with the deepest pockets, Furthermore, while civil liability may be discharged within days, through payment or some other performance, criminal liability endures long after the sentence has been served, or even if the sentence has been suspended. Criminal liability is permanent and pervasive. It brands the accused with a mark so deep and indelible, it can be expunged only by presidential pardon. It stains every sphere of that person’s life. He becomes a criminal, and must disclose that every time he applies for a job, a visa or even a bank account.