be doing the work of the Industrial Court. Similarly, the legal status and effect of the Respondent’s media policy is not for this court. It is for the Industrial Court to consider it in tandem with the applicant’s contract of employment. [39] What follows is a synopsis of this case in one short paragraph. Prima facie, the facebook post that is in the subject of this application is a permissible exercise of the constitutional rights of freedom of speech and opinion. Interference with the exercise of these rights is justifiable only if it falls within the exceptions that are stipulated in the Constitution. In the matter before court it does not, hence it amounts to an infringement of those rights. Whether these rights are derogable or not, it appears to me that they are not derogable except to the extent that the Constitution expressly provides.24 [40] I therefore come to the conclusion that the applicant has made out a case for the declarator sought herein. I make an order in the following terms: i) It is hereby declared that the conduct complained of by the Respondent falls within the exercise of the 24 See Moseneke J. in LAUGH IT OFF PROMITIONS CC v SAB INTERNATIONAL (Finance) B V t/a SABMARK INTERNATIONAL [2005] ZACC 1. 26

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