1.2. The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. ANALYSIS: Citizens’ right to freedom of expression - enshrined in both the Constitution and the Press Law – is from time to time practised. For example, there have been protests recently against skyrocketing fuel prices: citizens expressed their freedom of expression without fear of reprisals. But these are exceptions. The rule is repression of freedom of expression. One of the reasons for this state of affairs might be the decades of one-party rule in the country before the Peace Accord in 1992: some officials have yet to break out of the one-party mould as they still consider opposing views as antagonistic. By and large, most people do not know that the right to freedom of expression is a constitutionally enshrined right. SCORES: Individual scores: Average score: 1.3 3, 3, 4, 4, 2, 3, 3, 2, 3 3.0 There are no laws restricting freedom of expression such as excessive official secret or libel acts, or laws that unreasonably interfere with the responsibilities of media. ANALYSIS: There is no overt restriction of freedom of expression. The Press Law guarantees a certain degree of freedom except in relation to national security. In that regard it is necessary to come up with a clear and unambiguous definition of a state secret. Foreign affairs also seems to be a no-go area for journalists. There is a gap between the intention of the Press Law and reality. For example, although in other businesses foreign investors are allowed to own - in some cases - more than 50 percent of shares in companies, this is not the case in the media industry. The Press Law limits foreign participation in a media outlet to a 20 percent stake – this is seen as discouraging direct foreign private investment in the sector. Another form of restriction is that of special treatment of the media in cases of breaching the law. While offences perpetrated by citizens fall under the common Penal Code, offences by the media seem to be governed by their own code and are considered urgent by the courts: cases based on allegations of slander or libel are usually rushed through the courts. SCORES: Individual scores: Average score: 1.4 4, 2, 3, 4, 3, 4, 3, 5, 2 3.3 Entry into and practice of the journalistic profession is legally unrestricted. . ANALYSIS: So This Is Democracy? 2005 -209- Media Institute of Southern Africa