South African Constitutional Court
General Alfred Moyo and Another v Minister of Police and Others CCT 174/18 and Nokulunga Primrose Sonti and Another v Minister of Police CCT 178/18
This case questions whether sections 1(1)(b) and 1(2) of the Intimidation Act infringe upon the right to freedom of speech. Moyo, the chairperson of a community-based organisation in the Makause area, and Sonti, a member of parliament, were both charged with contravening the Intimidation Act. Their cases were consolidated before the Constitutional Court which is required to consider the validity of the relevant sections of the Intimidation Act with reference to whether those sections make unreasonable inroads into the right to freedom of expression by barring individuals from speaking their minds for fear of placing someone in a subjective state of fear.
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