directed against a person who has exercised their free speech…and provide legal remedies in the event such reprisal occurs. Failing which, the State may be held responsible for violating its duty to protect the individual.” I cannot agree more. Indeed this submission is a wakeup call underestimate upon the states import of that their may overlook international or and constitutional obligations. [33] Unavoidably, these rights and freedoms are not unbridled. In 2002 the African Commission on Human and People’s Rights adopted a Declaration of Principles on Freedom of Expression in Africa,22 Article 2 of which stipulates that “any restrictions on freedom of expression shall be provided by Law, serve a legitimate interest and be necessary in a democratic society.” It is in this context that I must now deal with the clawback clauses that accompany the main constitutional clauses that I have discussed above. [34] The word clawback means “to regain or recover…power, etc…an act of retrieving…23”. A typical clawback clause 22 23 See Note 14 above. Concise Oxford English Dictionary, 10th Ed. 22

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