public order in the interests of national security, safety of others, health,
morals or rights and freedoms of individuals. They also contend that the
ban concerned only demonstrations of a political nature whilst other
demonstrations like religious, cultural and the likes were not affected by
the ban.
*******
88. Article 9(2) of the African Charter provides for the right to freedom of
expression, it states thus: “Every individual shall have the right to express
and disseminate his opinions within the law.”
89. Article 19 (2) and (3) of the International Covenant on Civil and Political
Rights (ICCPR) which provides an expanded description of the right to
freedom of expression provides that:
2) Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or
in print, in the form of art, or through any other media of his choice.
3) The exercise of the rights provided for in paragraph 2 of this
article
carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.”
90. Freedom of expression is a fundamental right that is necessary in a
democratic society, crucial to its progress and a key element of the civil
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