the grounds upon which the state may rely have to live up to the expectations
of Section 86 of the Constitution, which is the general limitation clause.
The Constitution further provides for freedom of assembly and association23,
freedom of conscience24, which rights, it is submitted, have a bearing on the
exercise, promotion and protection of freedom of artistic expression in
Zimbabwe. Inherent in artistic expression are the aspects of presentation and
or exhibition of works of art. Invariably, the exhibition process involves a
gathering of people participating in the event, which gathering could be
arbitrarily, as appears to have been the case, interpreted as ‘gatherings’ in the
meaning of Section 1 of the Public Order and Security Act (herein POSA). 25
Consequently, freedom of artistic expression would be subjected to the law on
public gatherings. In summary, POSA would then require the convener of an
exhibition, public entertainment or performance, to notify the police of such
event at least five days to the holding of the event, failing which the event
would be declared an ‘illegal gathering’ with criminal sanction.
In Section 60, the Constitution protects freedom of conscience, in which
freedom of opinion, religion or belief and freedom to practice and propagate and
give expression to their thoughts, opinion, religion or belief, whether in public
or in private and whether alone or together with others, is contained. It is
submitted that any work of art that represents a practice, propagation or giving
expression to a thought, religion or belief falls within the ambit of Section 60 to
the extent that works of art, for example, music, film, theatre and visual arts,
could be used to give expression to one or all of the elements mentioned in this
provision. Once this interpretation is accepted, Section 60 has a direct bearing
on the enjoyment of freedom of artistic expression in Zimbabwe. Similarly, the
right to language and participation in cultural life provided for by Section 63 is
relevant to exercise of artistic freedom as culture is frequently given expression
through works of art.
23
24
25
Section 58 of the Constitution.
Section 60 (1), (a) (b) of the Constitution.
Chapter 10:17.
20 | P a g e
Select target paragraph3
Add to table of contents