Respondent did not submit on the legal foundation for the twin freedoms,
the manner in which they can be restricted nor did he attempt to either
distinguish the authorities cited nor submit on any legal authority where a
contrary finding was made.
76. For avoidance of doubt, we have perused all the authorities submitted
by Counsel for the Applicant and the Amici Curiae and we are satisfied
that they properly express the Law in various jurisdictions. We are
particularly persuaded that the holding in Print Media South Africa
(supra) is pertinent to this Reference.
In that case, Van der
Westhuizen J. held that “freedom of expression lies at the heart of
democracy” and went to state as follows:“……..It is closely linked to the right to human dignity and
helps to realize several other rights and freedoms. Being
able to speak out, to educate, to sing and to protest, be it
through waving posters or dancing, is an important tool to
challenge discrimination, poverty and oppression. This
Court has emphasized the importance of freedom of
expression as the lifeblood of an open and democratic
society”
77. Similarly, in Ramesh Thappar vs. State of Madras 1950 SCR 594, the
Supreme Court of India stated thus:“Freedom of speech and of the press lay at the foundation of all
democratic organizations, for without free political discussion no
public education, so essential for proper functioning of the
processes of popular government, is possible.”
78. The Supreme Court of Canada in Edmond Journal (supra) put the
matter beyond debate when it emphatically held that:-
Reference No. 5 of 2013
Page 28
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