16
S.C. 128\02
“Freedom of expression is a cornerstone upon which the very existence of a
democratic society rests.”12
The right of free speech is universally recognised as one of the most
precious of all political rights which is central to open, transparent, accountable and
democratic government.
The above and other academic evaluations of the importance of free
speech have received world wide judicial recognition and have been most elegantly
expressed by Mr Justice CARDOZO in his often quoted words:-
“Of that freedom (thought and speech) one may say that it is the matrix, the
indispensable condition, of nearly every other form of freedom.”13
In the case of Chavunduka & Anor v Minister of Home Affairs and
Anor14 this Court had this to say:-
“This Court has held that s 20(1) of the Constitution is to be given a
benevolent and purposive interpretation.
It has repeatedly declared the
importance of freedom of expression to the Zimbabwean democracy …
Furthermore, what has been emphasised is that freedom of expression has four
broad special objectives to serve: (i) it helps an individual to obtain selffulfilment; (ii) it assists in the discovery of truth, and in promoting political
and social participation; (iii) it strengthens the capacity of an individual to
participate in decision-making; and, (iv) it provides a mechanism by which it
would be possible to establish a reasonable balance between stability and
social change.”
11
Handyside v United Kingdom (1976) 1 EHRR 737, para 49
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism,
Advisory Opinion OC-5/85 of 13 November 1985, Series A, No 5, para 70
13
Rights of Access to the Media at page 3
14
2000 (1) ZLR 522 (SC) at 558D-E
12
Select target paragraph3
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