Madame Speaker,

Freedom of expression and the right to information are two of the most important basic human rights in any democracy. Together with equality and the right to human dignity, among others, these two rights form part of the fundamental human rights that are protected in South Africa's Constitution.

These rights can be described as natural rights and have been taken up in the 1948 Universal Declaration of Rights which states:

"Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers"

South Africa's Constitution in Section 16 states that: "everyone has the right to freedom of expression, including freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity and academic freedom and freedom of scientific research."

It is thus clear that freedom of expression lies at the very core of human activity whether it is political in nature or not. The freedom to hold and express views, opinions and thoughts contrary to the status quo, or in support of it, is to democracy what petrol is to an engine, a central driving force which, if absent, leads to malfunction and destruction.

Of course, every right carries with it obligations and limitations which are consistent with the basic principles of democracy. In South Africa's case, the limitations are spelt out in the Constitution which states clearly that the right to freedom of expression does not include "propaganda for war, incitement of imminent violence, or advocacy of hatred."

Democrats will accept these limitations as necessary to the survival of democracy and human rights as it is common cause that a right cannot be absolute but must be tempered with common-sense boundaries.

This democratic Parliament has a proud tradition and track-record of advancing and protecting freedom of speech in its debates, rules, procedures and provisions for public participation.

Likewise it has upheld the right of citizens to information held by the state which they require for protection of their own rights through the Promotion of Access to Information Act. It has also extended legal protection to whistle-blowers via the Protected Disclosures Act.

Indeed, we can be proud of this Parliament and our experiences of the right to freedom of expression and the right to information may well serve as examples for other parliaments of the world to follow.

Thank you.

Contact:
Mr MJ Bhengu MP
083 303 8723