c) That imposes reasonable restrictions upon public officers, Except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society. [35] In similar vein Section 14 (3) of the Constitution provides that the enjoyment of the rights and liberties shall be subject “to respect for the rights and freedoms of others and for the public interest.” [36] In simple terms, the clawback clauses create exceptions – i.e. situations where the hindrance of the rights is permissible. Earlier on I observed that on the face of it the applicant was exercising his constitutional rights. In the context of the exceptions and or legitimate limitations we need to ask whether or not hindrance of the exercise of this right is justifiable on the basis: i) per Section 24(3) (a) – of defence, public safety, public order, public morality or public health? ii) per Section 24(3) (b) - of protecting the reputations, rights and freedoms of others. 24

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