Study Theme 12: Freedom of Expression

Question 1

Section 16 of the Constitution:

Answer 1

The Constitutional Right to Freedom of expression guarantees:
* Freedom of the press and other media
* Freedom to receive or impart information or ideas
* Freedom of artistic creativity
* Academic freedom and of scientific research

Question 2

Khumalo v Holomisa

Answer 2

The right to freedom of the press is not just a right to which the press is a rights bearer under, but through performing this right, they have an obligation under this section.

Bantu Holomisa was a high profile South African politician in a party known as the United Democratic
Movement (UDM).

• Court held:
• Under section 16 of the Constitution the media is both a rights bearer and has obligations under this right.
• The media are the key agents to ensure that the government is open, responsive and accountable to the people as the founding provisions Constitution require.

Question 3

Section 16(2) of the Constitution

Answer 3

This guarantee is not extended to:
* Propaganda for war
* Incitement of imminent violence
* Advocacy of hatred based on race, ethnicity gender or religion; and that which constitutes
incitement to cause harm

Question 4

Section 58(1) of the Constitution

Answer 4

grants absolute privilege to members of
parliament which excludes them from incurring any criminal or civil liability for anything they may say while in the national assembly or during
parliamentary proceedings
* In other words you can say defamatory things
* You may advocate for hatred on one of the prohibited grounds [subject to the rules of
parliament]