Zimbabwe Rule of Law Journal |15
Currie and de Wal rightly observe that constitutional rights are not absolute.60 Constitutional
rights must be exercised in a manner which respects the boundaries set by other rights and by
important social concerns which include national security, public order and safety.61 Section
86 (1) read together with (2) (a) of the Constitution of Zimbabwe entrenches this principle
of limitation by cautioning that the rights enshrined in the Declaration of Rights “must be
exercised reasonably and with due regard for the rights and freedoms of other persons.”
However, it ought to be emphasised that, although these rights are subject to limitations,
they may only be limited for a reason and in a manner that is constitutionally valid.
Constitutional rights may only be limited through a law of general application, to the extent
that the limitation is fair, necessary and is consistent with the underlying values of a democratic
state62 which are openness, justice, human dignity, equality and freedom. Whether the
limitation is justifiable is determined by considering the nature of the right being limited,
the purpose, nature and extent of the limitation, the relationship between the limitation
and the purpose of such limitation, and whether there are any less restrictive means of
achieving the same purpose.63 In South Africa, where similar guidelines exist, this has been
interpreted to mean that the limitation must be for a purpose regarded as compelling in a
democratic constitutional state,64 there must be a good reason to believe that the purpose
will be achieved by restricting the right, the restriction of the right must not be more than
what is necessary to achieve the purpose and it must be the least restrictive manner through
which the purpose may be achieved.65
In view of the foregoing, the right of access to information may only be limited through a law of
See Note 24 at 163
Ibid
62
See s 86 (2) of the Constitution of Zimbabwe, 2013
63
See section 86 (2) (a)-(f) of the Constitution of Zimbabwe, 2013
64
Based on such values as openness, freedom and human dignity. Also see Denise Meyerson. Rights Limited: Freedom of
Expression, Religion and South African Constitution (1998) at 36-43
65
S v Manamela 2000 (3) SA 1 (CC) at 32
60
61
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