Freedom of speech and expression

20 | Protection of freedom of expression

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
  2. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision—
    1. in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health;
    2. for the purpose of—
      1. protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
      2. preventing the disclosure of information received in confidence;
      3. maintaining the authority and independence of the courts or tribunals or the Senate or the House of Assembly; [Subparagraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and section 23 of Act No. 5 of 2005 – Amendment No. 17 - with effect from the 1st December, 2005.]
      4. regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating any monopoly in these fields;
      5. in the case of correspondence, preventing the unlawful dispatch therewith of other matter; or
    3. that imposes restrictions upon public officers; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
  3. No religious denomination and no person or group of persons shall be prevented from establishing and maintaining schools, whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.
  4. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (3) to the extent that the law in question makes provision—
    1. in the interests of defence, public safety, public order, public morality, public health or town and country planning; or
    2. for regulating such schools in the interests of persons receiving instruction therein; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
  5. No person shall be prevented from sending to any school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the State.
  6. The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of expression in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
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45 | Freedom of speech and expression

Kariba Draft Constitution
  1. Everyone has the right to freedom of speech and expression, which includes
    1. freedom to hold opinions;
    2. freedom to seek, receive and communicate ideas and information regardless of frontiers;
    3. freedom of the press and other media of communication;
    4. freedom of artistic creativity;
    5. freedom from interference with correspondence or other forms of communication, including electronic and telephonic communication; and
    6. academic freedom and freedom of scientific research.
  2. Freedom of speech and expression does not include–
    1. incitement to violence;
    2. advocacy of hatred which is based on nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, culture, sex, gender, marital status, pregnancy, age, disability or natural difference or condition, and which amounts to incitement to unfair discrimination, hostility or violence.
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24 | Freedom of speech and expression and freedom of the media

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Everyone has the right to freedom of speech and expression, which includes—
    1. freedom to hold opinions;
    2. freedom to seek, receive and communicate ideas and information regardless of frontiers;
    3. freedom of artistic creativity;
    4. freedom of the press and other media of communication.
  2. Freedom of the press and other media of communication includes--
    1. a right of access to public information;
    2. respect for the professional independence of persons employed by the media; and
    3. protection of the confidentiality of their sources of information.
  3. Freedom of speech and expression does not include—
    1. incitement to violence;
    2. advocacy of hatred which is based on nationality, race, colour, tribe, custom, place of birth, ethnic or social origin, language, class, religious belief, culture, sex, gender, marital status, age, disability or natural difference or condition, and which amounts to incitement to discrimination, hostility or violence.
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