Constitutional provisions

The Bill of Rights in the Constitution includes the right to freedom of expression.
Article 18 reads as follows: "Without jeopardising the laws of the country, everyone is free to express any opinion, to offer his views, and to search for, to receive and to give information and any ideas through any medium without consideration to country boundaries and is also free to engage in personal communication without interference."

The Constitution does not explicitly mention freedom of the media as an institution, but a proposed amendment to the Constitution published in 2007 does mention "freedom of the press and all other media."

Clause 2 of Article 18 of the Bill of Rights says that every citizen has the right to be informed about events and issues nationally and internationally that are important to his life and livelihood. The proposed amendment to the Constitution says everyone has the right of access to information held by the state and private persons that is needed for the protection or exercise of any rights. It calls for legislation to be passed to give effect to this right.

There is a limitations clause stating that human rights and freedoms may not be used by one person in order to interfere with or curtail other's rights and freedoms,
or the public interest. There are several other limitations including considerations of safety and security, development, implementation of judicial decisions, among others.

Interestingly, the 1984 Constitution does not contain any provision declaring it the supreme law of the land. But the 2007 proposed Constitutional amendment says: "The rights in the Bill of Rights may be limited only by laws of general application and to the extent necessary in an open and democratic society for the purposes of ensuring: a) national security;b) public order and the prevention of crime; c) public safety, health and morals;d) the rights of reputations of others; or e) the authority of the courts."