Freedom of Expression and Traditional Communities: Who Can Speak and When?

Abstract

In ‘Freedom of expression and traditional communities: who can speak and when?’ the author juxtaposes the constitutional right to freedom of expression with respect for customary law against the backdrop of the Constitutional Court’s vjudgment in Pilane v Pilane 2013 4 BCLR 431 (CC). In his article the author argues that the Constitutional Court should have developed the customary law around the Kgotha kgothe (general traditional meeting) custom which is pivotal to the exercise of the right to freedom of expression, association, and assembly within traditional communities