Freedom of expression is one of the most important rights protected under the
Constitution. It is as a pre-condition of the enjoyment of all other rights (except, may be
the right to life). The right of freedom of expression is the mouthpiece of all other rights,
without which all other rights are as good as dead. Freedom of expression has been found
to be of importance for several reasons:- the search for truth rationale; the political
process rationale; individual self-fulfilment.
Despite its resonance, freedom of expression is not absolute in South Africa. It is limited
by other equally important fundamental rights contained in the Constitutional document,
such as the right to equality, dignity and privacy. The Constitution of the Republic of
South Africa makes it clear that some forms of expression that have racial connotations
are not worthy of Constitutional protection 'from the word go'. These types of expression
have the potential to debase the foundations upon which our constitution is premised.
They show total disregard to the values of human dignity, the achievement of equality
and the advancement of human rights. / Thesis (LLM) North-West University, Mafikeng Campus, 2004
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/11375 |
| Date | January 2004 |
| Creators | Msaule, P.R. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
Page generated in 0.0151 seconds