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Deepening Democracy through Access to Information
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Jankielsohn v Booysen and Others (859/2018) [2019] ZAFSHC 215

15th November 2019

Click here to read the full judgment on Saflii

[1] This case is in essence about the balancing of two constitutional rights, to wit the rights to dignity embodied in s 10 and freedom of expression in s 16.[1]

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[2] A well-known and high profile politician feels aggrieved by comments made by certain individuals in their personal capacities and also as members of and on behalf of the Youth League of an opposition party.

[3] The following expression came to mind when evidence was led:  “Die hoogste bome vang die meeste wind” or as the people of the Free State say in Sesotho: “Difate tse telele ke tsona tse tswarang moya o mangata.”  

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