vehicles which had been purchased by the state. The
applicant’s contribution on the subject was that the debate
can go on and on but nothing will change “because there
is no will to change, because kutokhala umzaqa.
Dictatorship 101.” Kutokhala umzaqa means “someone
will get hurt.” Undoubtedly, the perceived sting in the post
is the reference to dictatorship, the obvious innuendo being
that the Government of this Kingdom is a dictatorship. Below
I analyse the wording in the facebook post in the context of
each of the relevant constitutional provisions.
[28] Section 23(1) creates the right to freedom of thought,
conscience or religion. Whichever way one can look at it, the
applicant has expressed his thoughts, his views, his opinion.
He thinks that there is no will on the part of the Government
to change, that someone could get hurt, and that the
Government is a dictatorship. He could be right, he could be
wrong. As a matter of fact there are many people who may
disagree with him. He could, for instance, have said that the
Government is democratic, and some people could disagree
with that. What this demonstrates is that this is an issue that
is open to debate, and in democratic society debate is all but
discouraged. It falls squarely within the rubric of the United
Nations Human Rights Committee General Comment No.34
on the International Covenant on Civil and Political Rights
which sanctions political discourse and commentary on
19
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