Judgment No CCZ 2/14 3
Const. Application No CCZ 78/12
RELEVANT CONSTITUTIONAL PROVISIONS
Section 18(1) of the former Constitution secures the protection of the law in crisp
and concise terms:
“Subject to the provisions of this Constitution, every person is entitled to the
protection of the law.”
Section 18(9) guarantees the right to a fair hearing in the determination of civil
rights and obligations:
“Subject to the provisions of this Constitution, every person is entitled to be
afforded a fair hearing within reasonable time by an independent and impartial
court or other adjudicating authority established by law in the determination of the
existence or extent of his civil rights or obligations.”
Protection of the freedom of expression is enshrined in section 20(1) of the former
Constitution in the following terms:
“Except with his own consent or by way of parental discipline, no person shall be
hindered in the enjoyment of his freedom of expression, that is to say, freedom to
hold opinions and to receive and impart ideas and information without
interference, and freedom from interference with his correspondence.”
Section 20(2) delineates permissible derogations from the freedom of expression
under the authority of law:
“Nothing contained in or done under the authority of any law shall be held to be
in contravention of subsection (1) to the extent that the law in question makes
provision –
(a) in the interests of defence, public safety, public order, the economic
interests of the State, public morality or public health;
(b) for the purpose of—
(i)
protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in legal
proceedings;