26. Amnesty International v Zambia, para 33. 27. [2004] UKHL 56, para42, 80 28. [2007] UKHL 45 para. 27, 105. 29. [2007] 1 SCR 350. 30. Communication 284/2003; See Communication 294/2004 - Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development [in Africa] (on behalf of Andrew Barclay Meldrum) v Republic of Zimbabwe, para. 103-108; and Communications 279/03 – Sudan Human Rights Organisation v The Sudan; 296/05 – Centre on Housing Rights and Evictions v The Sudan, para. 180-185. 31. Id, para. 173. 32. Rencontre africaine pour la défense des droits de l’Homme v Zambia. 33. Communication 245/2002 - Zimbabwe Human Rights NGO Forum v Zimbabwe. 34. American Declaration of the Rights and Duties of Man, O.A.S. Res. XXX, adopted by the Ninth International Conference of American States (1948), reprinted in Basic Documents Pertaining to Human Rights in the InterAmerican System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 17 (1992). 35. Communication 87/93 – Constitutional Rights Project v Nigeria EX.CL/600(XVII). 36. African Commission on Human and Peoples’ Rights (ACHPR), Principles and Guidelines on the Rights to Fair Trail and Legal Assistance in Africa (DOC/OS(XXX)247 37. Id, R. 38. Amnesty International v Zambia, para 61. 39. Communication 143/95, 150/96 – Constitutional Rights Project and Another v Nigeria (1999) para. 33. 40. Communication 27/89, 46/91, 99/93-Organisation mondiale contre la torture and other v Rwanda (1996) para 35. 41. This provision reads as “No person affected by any such decision shall have the right to demand any information as to the grounds of such decision nor shall any such information be disclosed in any court”. 41. African Commission on Human and Peoples’ Rights (ACHPR), Declaration of Principles on Freedom of Expression in Africa, 2002. 42. See Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 9 of the African Charter on Human and Peoples’ Rights (ACHPR), and Article 13 of the American Convention on Human Rights. 42. Communication 54/91, 61/91, 98/93, 164/97, 210/98 – Malawi African Association and Others v Mauritania, (2000) para. 102. 43. Communication 140/94,141/94, 145/95 – Constitutional Rights Project and Other v Nigeria (1999) para 41. 44. ACHPR, Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa, C(b)(iii) & R. 45. Article 19, The Johannesburg Principles on National Security, Freedom of Expression and Access to Information (1996) [popup=Principle 20]Principle 20: General Rule of Law Protections. Any person accused of a security-related crime involving expression or information is entitled to all of the rule of law protections that are part of international law. These include, but are not limited to, the following rights:[list=a] [*] the right to be presumed innocent; [*] the right not to be arbitrarily detained; [*] the right to be informed promptly in a language the person can understand of the charges and the supporting evidence against him or her; [*] the right to prompt access to counsel of choice; [*] the right to a trial within a reasonable time; [*] the right to have adequate time to prepare his or her defence; [*] the right to a fair and public trial by an independent and impartial court or tribunal; [*] the right to examine prosecution witnesses; [*] the right not to have evidence introduced at trial unless it has been disclosed to the accused and he or she has had an opportunity to rebut it; and [*] the right to appeal to an independent court or tribunal with power to review the decision on law and facts and set it aside.[popup] 46. Amnesty International v Zambia, para 41. 47. Amnesty International v Zambia, para 54. 48. (5493/72) [1976] EHRC 5 (7 December 1976) para 49 . th 49. Lingens v. Austria (9815/82) [1986] ACHR 7 (8 July 1986) para. 28 and [popup=http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&sessionid=63040158]Ober schlick v. Austria[/url] (11662/85) [1991] ECHR 30 (23 May 1991) 50. ACHPR, Declaration of Principles on Freedom of Expression (2002) XII(1) 51. Section 3 of the Botswana Constitution provides that: Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his her race, place of origin, political opinions, colour, creed or sex, but subject to the respect for the rights and freedoms of others and for the public interest to each and all of the following, namely: - a) life, liberty, security of the person and the protection of the law; b) freedom of conscience, of expression and of assembly and association; and c) protection for the privacy of his or her home and other property and from deprivation of property without compensation; ....the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to those limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 52. Communication 97/93 John K. Modise v Botswana (2000) para 84. 53. Communication 159/96 - African Commission Union Inter Africaine des Droits de l’Homme and Others v Angola (1997) paras 16 &20. 54. Rencontre africaine pour la defense des droits de l’Homme v Zambia, para 31. 55. Modise v Botswana, para 93. 56. Amnesty International v Zambia, paras 58-59.