Ngizwe Mchunu, the Equality Court and the constitutional limits of freedom of expression
Daily Maverick | 26.06.2026 19:15
The recent Equality Court judgment against Ngizwe Mchunu is an important reminder that constitutional rights do not exist in isolation. While freedom of expression remains one of the cornerstones of South Africa’s constitutional democracy, the judgment underscores that the exercise of this right must be balanced against the rights and dignity of others. Courts are frequently called upon to balance competing rights, with the underlying principle that rights must be exercised in a manner that does not infringe upon the rights of others.