journalist is permissible. 66. The Respondent State argues further that in terms of Article 9 of the African Charter together with Article 19(3) of the ICCPR, freedom of expression is not absolute. Those restrictions are permissible if provided by law and are necessary. The Respondent State cites the case of Athukorale and others, supra where it was held that: "Absolute and unrestricted individual rights do not and cannot exist in a modern State. The welfare of the individual, as a member of collective society, lies in a happy compromise between his rights as an individual and the interests of the society to which he belongs." 67. The Respondent State submits that the Constitution of Zimbabwe contains a justiciable Bill of Rights and Section 20(1) provides that everyone has a right to freedom of expression. It states further that, in terms of Section 20 (2) of the Constitution, the right can be restricted. 68. The Respondent State argues further that in terms of the Zimbabwe Constitution the freedom of expression is guaranteed with permissible limitations. This is in accordance with Article 9 of the African Charter which guarantees the enjoyment of the right "within the law", and according to the Respondent State, the "law" referred to in Article 9 of the Charter, relates to "domestic law". 69. The Respondent State submits that what is explicit in the African Charter is the recognition that the exercise of the right is subject to national law, adding that the Complainants conveniently avoided to mention or place emphasis on the wording of the Article in question. 70. AIPPA, according to the Respondent State, is a law made in terms of the Constitution of Zimbabwe and Section 79 thereof has been held by the Zimbabwean Constitutional Court as constitutional. The State cites Associate Newspapers of Zimbabwe (Pvt) v The Minister of State for Information and Publicity and 2 Others SC 111/04 and Association of Independent Journalists and 2 Others v The Minister of State and 2 Others SC. 136/02 to support this submission. 71. The State submits further that the practice of journalism does not place it beyond statutory regulation and any such law has however to conform to the stringent requirements of limitations provided for by the Constitution, and according to the State, Section 79 of AIPPA passes the test. 72. The Respondent State states further that the registration exercise is of a technical nature, it is not onerous, and urges the Commission to find Section 79 of AIPPA does not contravene the right to freedom of expression under Article 9 of the African Charter. 73. With respect to Section 80 of AIPPA, the Respondent State submits that the provision makes it an offence to intentionally publish falsehoods which threatens the interests of defence, public safety, public order, the economic interests of the State, public morality or public health or are injurious to reputation, rights and freedoms of other persons. 74. The Respondent State concludes its submission by arguing that, the provisions of AIPPA being challenged by the Complainants have been declared Constitutional and hence comply with the qualification under the African Charter's exercise of the freedom of expression "within the law."

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