according it constitutional protection”.35 Even the Zimbabwean courts in some instances have given expansive interpretations to the right to artistic freedom. In Chavunduka and Anor v Minister of Home Affairs and Anor36, the point was also made that “mere content, no matter how offensive, cannot be determinative of whether a statement qualifies for the constitutional protection afforded to freedom of expression”. It is unfortunate that despite all these progressive judgments, artistic freedom is still heavily restricted in Zimbabwe. In June 2013 the UN Special Rapporteur in the field of cultural rights, Ms Farida Shaheed, presented a report to the UN Human Rights Council, where she mentioned that the effects of art censorship or unjustified restrictions of the right to freedom of artistic expression and creativity are devastating. 1.5 Other legislation impacting on freedom of artistic expression The Constitution is the supreme law of Zimbabwe. As partly discussed above, it provides for the bill of rights, which is a list of rights and freedoms protected therein as well as providing skeletal provisions on how to seek redress in cases of violation. The constitutional provisions are given effect by legislation enacted specifically for that purpose. This type of legislation is known as ‘constitutional legislation’. Yet there exists other legislation adopted by parliament to regulate certain situations, which in its application, has a bearing on the bill of rights. This part deals with both constitutional and that other legislation that has a bearing on the exercise of freedom of expression and by extension, freedom of artistic expression. 35Hustler 362000 Magazine and Another v Falwell 485 U.S. 46 (1988) (1) ZLR 552 (S) 26 | P a g e

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