to freedom of expression before the Constitutional Court since 1994 – particularly in relation to the media. The Court has, however, on several occasions highlighted the importance of the right to freedom of the media and freedom of expression. For example, in a case dealing with defamation law it emphasized that “the print, broadcast and electronic media have a particular role in the protection of freedom of expression in our society … The ability of each citizen to be a responsible and effective member of our society depends upon the manner in which the media carry out their responsibility … The media thus rely on freedom of expression and must foster it … Furthermore the media are important agents in ensuring that government is open, responsive and accountable …” (Constitutional Court ruling handed down 14/06/2002). The President has referred laws back to the legislature over concerns of possible violations of the Bill of Rights – further emphasizing the weight of the Constitution. In April 2006, for example, President Thabo Mbeki asked Parliament to reconsider an Amendment Bill to the Independent Communications Authority of South Africa (ICASA) Act, the reason being that clauses allowing the minister to appoint councillors to the Council could violate the constitutional protection of independence of the broadcasting regulator. But there is still not sufficient understanding amongst communities and in some government departments of how to implement constitutional rights, including freedom of expression. City councils frequently use municipal laws on gatherings to disallow demonstrations by social movement groups. They are thus denying the people the right to express their views by marching – marching being “the media of the poor people”. Civil society groups are not actively conscientising citizens on their rights any more as they had been doing during the first years after the adoption of the constitution. More has to be done to educate and inform people of their constitutional rights. There are still laws in place from the apartheid era which can be used to restrict freedom of expression – these have not yet been revised, rescinded or legally tested against the constitution. SCORES: Individual scores: Average score: 1.2 5, 3, 5, 4, 5, 5, 5, 3, 4 4.3 (2006=5.0) The right to freedom of expression is practiced and citizens, including journalists, are asserting their rights without fear. ANALYSIS: The South African media enjoy considerable freedom of expression. This is evidenced by the frequency with which the media criticize the government, the ruling political party, the police and many other public institutions and services. Investigative reporting is prominent and widely respected. Headlines such as “Manto is a drunkard” are possible – topping a story in the Sunday Times which exposed the Health Minister Manto Tshabalala-Msimang as having misbehaved during a stay in a hospital. There is a perception that the ruling African National Congress’s conference in Polokwane in December 2007, which voted Mbeki out of office as ANC President and elected Jacob Zuma instead, has opened up more space for frank debate in the media and even in parliament. Some journalists and other opinion makers seemed to fear Mbeki – with the question remaining whether this fear was just a sentiment or had any basis in fact. It remains to be seen, however, So This Is Democracy? 2008 -199- Media Institute of Southern Africa