The constitutional boundaries of freedom of expression in South Africa

Freedom of expression is a core liberty for all constitutional democratic systems. It ensures that ideas, opinions, and beliefs can be circulatedand discussed among individuals with no governmental interference. This vital freedom means more than freely expressing opinions: it securesthe possibility to seek, receive, and impart information. Indeed, these three features—seeking, receiving, imparting—should all be consideredwhen freedom of expression is under analysis, particularly if we consider that whensomeone’s freedom of expression is limited, someone else will be deprived of the chance of hearing that idea. The South African case under scrutiny concerns the attempt to prosecute the president of a political party known as Economic Freedom Fighters (EFF), for having made a series of statements exhorting his supporters to unlawfully occupy “the land of South Africa”.