Advisory Opinion of – 5/85 (1985) and found that freedom of
expression is a condition sine qua non for the development of
political parties, scientific and cultural societies and in general,
those who wish to influence society. That it is also indispensable for
the formation of public opinion.
iii) The same Commission in Kenneth Good vs. Republic of
Botswana
Comm.313/05
also
stated
that
free
expression
constitutes one of the essential foundations of a democratic society
and is one of the basic working conditions for its progress and for
the development of every man;
iv) The European Court of Human Rights in Lingers vs. Austria;
Appl. No.9715/82 (1986) stated that freedom of political debate
is at the very core of the concept of a democratic society;
v) In South Africa, in Government of the Republic of South
Africa vs. ‘Sunday Times Newspaper’ & Anor (2) SA 221
(1994), it was held that the role of a free press in a democratic
society cannot be underestimated and that a free press is in the
front line of the battle to maintain democracy.
vi) In the U.S Supreme Court in
New York Times vs. United
States 403 U.S 713 (1971) Black J held that only a free and
unrestrained press can effectively expose the deception in
Government;
48. In invoking the above decisions, the Applicant argued that the Republic
of Burundi has an obligation, under Articles 6(d) and 7(2) of the Treaty, to
recognize, promote and protect human and people’s rights and abide by
universally acceptable standards of human rights which include respect
for press freedom. Relying on the decision in Mandela vs. Falati (I) S.A
Reference No. 5 of 2013
Page 15