(4) Any law which, in itself or in its effect, discriminates unfairly between people on one or more of the grounds listed in subsection (1) is void. (5) To promote the achievement of equality, legislative and other measures may be taken by way of affirmative action to protect or advance people or classes of people who have been disadvantaged by unfair discrimination. 44 Freedom of conscience (1) Everyone has the right to freedom of conscience, which includes– (a) freedom of thought, opinion, religion or belief; (b) freedom to change their thought, opinion, religion or belief; and (c) freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others. (2) No one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief. (3)) Religious observances may be conducted and religious instruction may be given at public institutions, including State or State-aided institutions, if– (a) the observances follow reasonable rules made by the appropriate public authorities; and (b) the observances are conducted on an equitable basis and with due regard to the rights and sensibilities of others. (4) Any religious community may ensure that religious instruction is given in educational courses or institutions provided by the community, even if the community receives a subsidy or other financial assistance from the State. 45 Freedom of speech and expression (1) Everyone has the right to freedom of speech and expression, which includes (a) freedom to hold opinions; (b) freedom to seek, receive and communicate ideas and information regardless of frontiers; (c) freedom of the press and other media of communication; (d) freedom of artistic creativity; (e) freedom from interference with correspondence or other forms of communication, including electronic and telephonic communication; and (f) academic freedom and freedom of scientific research. (2) Freedom of speech and expression does not include– (a) incitement to violence; (b) advocacy of hatred which is based on nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, culture, sex, gender, marital status, pregnancy, age, disability or natural difference or condition, and which amounts to incitement to unfair discrimination, hostility or violence. - 25 -

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