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
Select target paragraph3
Add to table of contents