The case emanated from a criminal charge laid against Moyo after an attempt by him and other residents of the Makause Community Development Forum, a community-based organisation in Makause informal settlement, to hold a march protesting against alleged police brutality in Primrose in 2012.
The institute said it had consistently argued that section 1 of the Intimidation Act was unconstitutional, as it criminalised any speech or conduct which created a state of fear in the person towards whom the speech or conduct was directed. “This drastically limits the right to freedom of expression found in section 16 of the constitution,” the institute said in a statement.
The institute’s attorney, Nkosinathi Sithole, said this judgment was a vindication of the rights to freedom of expression. “It is a vindication not only for Mr Moyo but for our constitutional democracy. It is one step closer towards eradicating the abuse of the criminal justice system to silence dissent,” Sithole said.
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