1.3.2 Constitutional framework on limitation of artistic expression It is important to note that the Constitution26 provides for limitations of rights and freedoms in which case, in advancing freedom of artistic expression, they should be exercised reasonably and with due regard for the rights and freedoms of other persons. Subject to Section 86 of the Constitution, the right to freedom of artistic expression may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors. The provision enumerates the relevant factors as including the nature of the right or freedom concerned; the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; the nature and extent of the limitation; the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others; the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and whether there are any less restrictive means of achieving the purpose of the limitation. 1.3.3 Nature of law limiting artistic freedom Each section looks at how national legislation violates a certain international convention and violates the new constitution. It is critical to note that the import of Section 86(2) of the Constitution is that only conduct permissive by ‘law’ is accepted as basis for limitation. Violations at the instance of conduct devoid of legal basis cannot be justified. The rule of law dictates that governance is driven from the law and through it government execute good governance. Policies, no matter how sound they may be presented do not 26 Section 86 of the Constitution of Zimbabwe 21 | P a g e