The Citizen 1978 (Pty) Ltd and Others v McBride (2011)

In this matter, the Constitutional Court of South Africa held that criticism is protected even if harsh so long as it expresses an honestly-held opinion, made without malice, on a matter of public interest on proven facts.

The Citizen newspaper had published several articles opposing the appointment of Robert John McBride, to a senior police post on the basis that he was a convicted murderer, despite the fact that he had been granted amnesty of that crime under the Promotion of National Unity and Reconciliation Act 34 of 1995 (the law governing the establishment of the South African Truth and Reconciliation Commission (TRC)).

The Court reasoned that this amnesty granted by the TRC did not change the fact that McBride committed murder nor did it prohibit frank public discussion of his act as “murderer” or prevent him being described as a “criminal” and therefore did not curtail the constitutional right to freedom of expression protected under the Bill of Rights.

For further information relating to this matter, please visit the Constitutional Court's repository of court cases and documentation.