ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION is important for the realization and enjoyment of other human rights and consolidation of democracy. academic freedom; freedom of artistic expression and scientific research and creativity. Some of the SADC member states constitutions provide for circumstances under which freedom of expression can be limited including protecting a person’s reputation or dignity; incitement to violence; advocacy of hatred or hate speech and malicious or unwarranted breach of a person’s right to privacy. However, the right of freedom of expression is not an absolute right. It can be limited under certain circumstances. The standards set under international human rights law stipulate that the limitation should be prescribed by the law 13, serve a legitimate aim and should be necessary and proportionate to achieve the stated aim in a democratic society.14 Consistent with international human rights law, freedom of expression can be limited in the public interest such as to protect public health during a public health crisis. However, the limitation should be time limited and should cease once the crisis has been averted. Also, the limitations should be applied in a non-discriminatory manner and should not be arbitrary. They should be regularly reviewed to check their proportionality and necessity.15 In addition, the state’s derogation from the right to freedom of expression should be informed by circumstances such as nationwide public emergency that threatens public life.16 The nature and extent of the states of emergency should only address the demands of the stated situation. For instance, Section 16 of the Constitution of South Africa makes the following provisions: “Everyone has the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.”17 However, these rights are not absolute as indicated in Section 16 (2) which provides limitations to the right to freedom of expression: “The right in subsection (1) does not extend to propaganda for war; incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm…”18 Section 61(5) (a) of the Constitution of Zimbabwe also limit freedom of expression and of the press on the grounds of incitement to violence.19 Also, Section 187 (1) (a) of the Criminal Code of Zimbabwe provides as follows; The right to freedom of expression, which includes the freedom to receive and impart information is guaranteed and protected under constitutions of the SADC countries. This includes the freedom to seek, receive and communicate ideas and other information; 1. Any person who, in any manner, communicates with another person, 2. intending by the communication 13 See African Commission: Malawi African Association v Mauritania Communication Nos 54/91, 61/91, 98/93, 164-196/97 and 210/98 (2000), African Court: Konaté v Burkina Faso Application No 004/2013 (2014). 14 Declaration, principle 9. See also the Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda adopted in Vienna, on 3 March 2017 https://www.osce.org/files/f/documents/6/8/302796.pdf (accessed 10 June 2020). 15 ‘Coronavirus: Impacts on freedom of expression’ https://www.article19.org/coronavirus-impacts-on-freedom-of-expression/ (accessed 10 June 2020). 16 Access Now: ‘Fighting Misinformation and Defending Free Expression during Covid-19: Recommendations for States’ https://www. accessnow.org/cms/assets/uploads/2020/04/Fighting-misinformation-and-defending-free-expression-during- COVID-19-recommendations-for-states-1.pdf . There has to be a public pronouncement by the government of this state of emergency. 17 The South African Constitution, Section 16. 18 The South African Constitution, Section 16(2). 19 The Constitution of Zimbabwe, Section 61(5) (a). https://zimbabwe.misa.org 9