justifiable limitation of the applicant’s right to freedom of expression?7 [19] I accept the applicant’s summary as an accurate reflection of the gist of the issue to be decided by the court. [20] In dealing with the subject at hand I have benefitted significantly from the erudite work of two UNESWA scholars 8, which they have co-authored, entitled:“A BRIEF ON THE ORIGINS, CONTENTS AND LOCALISATION OF FREEDOM OF EXPRESSION AND OPINION IN ESWATINI.” In the first paragraph of this work they define the right to freedom of expression and opinion as “the liberties of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship or legal sanction.” Put differently, the individual or group of individuals should be free to express their opinions and thoughts without fear of reprisals from those in political authority over them. It is described as “a democratic ideal,9” a foundation upon which democratic society should be based. 7 Applicant’s Heads of Argument at para 15. M.N. Shongwe and M. Motsa. 9 See Note 8 above, page 1 at para 3. 8 15

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