[37] In my view the answer is a resounding ‘No’. To say that
someone may get hurt (kutokhala umzaqa) and to opine that
the governance is a dictatorship does not in any way impact
on defence, public safety, public order, public morality or
public
reputation
health;
neither
does
it
impact
upon
anyone’s
or anyone’s rights and freedoms. It is just an
opinion, period. I
noted earlier on that the applicant could
well have said that this is democracy at work, and in that he
may have upset
words
somebody else. I reiterate that the
complained of do not
fall
within
the
legitimate
exceptions. The result of that is that
the applicant, in posting
the words
facebook
complained of on his
page,
acted
within his constitutional rights per Sections 14 (3), 23(1) and 24
(1).
[38] Before I conclude this opinion I make a brief reference to
Section 23 (2) of the Constitution which stipulates that a
person shall not be hindered in the enjoyment of freedom of
conscience except with their free consent. It was submitted
on behalf of the respondent that through the contract of
employment the applicant consented to the hindrance of his
constitutional rights. My view is that this court cannot deal
with that without reference to the applicant’s contract of
employment – its terms and conditions. And to do that would
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