freedoms guaranteed under Section 23 (1) and 24(1) of ii) the Constitution. The matter is referred back to the Industrial Court for determination of the merits of the application that was stayed, taking into account the declarator in (i) above. iii) No order for costs. [41] This judgment is by majority of two to one. ______________________________ MLANGENI J. I agree: _________________________________ MABUZA J. DISSENTING JUDGMENT OF FAKUDZE J. Dissenting Judgment [1] I have carefully read the Judgment prepared by My Brother Mlangeni J. and consented to by My Sister, Principal Judge, Mabuza Q.M. and I am in agreement with the way My Brother has ably analysed the issues raised by the parties. [2] My only discontent is in respect of the fact that Section 24 (2) adequately creates an exception to the enjoyment of the Right to expression by using the words “A person shall not, except with the free consent of the person,…………” (my emphasis is on the underlined words). 27

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