Freedom of Expression

SALC’s Freedom of Expression work is integrated within its other programmatic areas and focuses on the following objectives:

  • To deepen the understanding of and litigate on freedom of expression, association and assembly and access to information issues that affect various SALC focus areas.
  • To conduct advocacy and litigation around the decriminalisation of expression, with a focus on challenging criminal defamation, sedition, and terrorism legislation which infringes on freedom of expression.
  • To support litigation which challenges infringements of the right form associations and to protest.
  • To support the criminal defence of journalists and human rights defenders who are persecuted for their views.

 

On-going cases:

Swaziland: Case challenging the constitutionality of the Sedition and Subversive Activities Act.
Swaziland: Case challenging the constitutionality of the Suppression of Terrorism Act.
Lesotho: Case challenging the offence of criminal defamation.
Botswana: Case challenging refusal to provide access to information. Updates coming soon.
Botswana: Amicus curiae application of MISA Botswana to challenge a provision in corruption legislation which criminalises publication of information. Updates coming soon.
Zimbabwe: Case challenging the refusal to allow sex workers to march. Updates coming soon.

Precedent cases:

Zimbabwe: Support amicus curiae in case confirming that criminal defamation no longer an offence in Zimbabwe.
Botswana: Case challenging the refusal to register an LGBT organisation.
Swaziland: Supporting lawyer and editor charged with contempt of court.
Zambia: Support activist’s right to freedom of expression.

 

03 Jul 2018 Staff Writer
NEWS RELEASE: Veritas v. Zimbabwe Electoral Commission & 2 Others...

On 27th June 2018, the High Court of Zimbabwe handed down judgment and dismissed the constitutional challenge brought in Veritas v. Zimbabwe Electoral Commission & 2 Others. The applicant, Veritas, challenged the constitutionality of several sections of the Electoral Act…

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02 Jul 2018 Staff Writer
ZIMBABWE: CHALLENGING LIMITS ON VOTER EDUCATION...

Veritas v. Zimbabwe Electoral Commission & 2 Others SALC is providing support to Veritas, a non-profit organisation based in Zimbabwe which provides publicly accessible information on the work of the Parliament of Zimbabwe and the laws of Zimbabwe. In this…

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04 Jun 2018 Staff Writer
SALC in the News: It is a tragedy that Zimbabweans outside the country will not ...

Daily Maverick Kaajal Ramjathan-Keogh & Gabriel Shumba On 30 May 2018, the Zimbabwe Constitutional Court in Shumba and others v Minister of Justice and Parliamentary Affairs & others ruled that Zimbabweans outside the country could not participate in elections and…

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01 Jun 2018 Staff Writer
NEWS RELEASE: ZIMBABWE CONSTITUTIONAL COURT DISMISSES CONSTITUTIONAL CHALLENGE T...

On May 30, 2018, The Zimbabwe Constitutional Court handed down judgment in Gabriel Shumba & Others v Minister of Justice, Legal and Parliamentary Affairs & Others. The Southern Africa Litigation Centre (SALC) together with Zimbabwe Lawyers for Human Rights (ZLHR)…

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29 May 2018 Anneke Meerkotter
JUDICIAL INDEPENDENCE IS CRITICAL TO PROTECTING PRESS FREEDOM IN AFRICA...

Published by AfricanLII on 28 May 2018 In this opinion piece, Anneke Meerkotter, Litigation Director of the Southern Africa Litigation Centre (SALC), discusses a recent High Court of Lesotho (sitting as a Constitutional Court) judgment which declared the offence of criminal defamation…

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23 May 2018 Tashwill Esterhuizen
Botswana: Challenging Criminalisation of Same-sex Sexual Relationships...

In September 2016, a gay man, filed an application challenging the constitutionality of sections 164(a), 164(c) and 165 of the Botswana Penal Code. These provisions criminalise same-sex sexual acts between consenting persons. The man seeks an order that the continued…

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