Freedom of speech gone too far?

After a long and difficult couple of centuries of subjugation, colonisation and the brutality of apartheid, we managed to come together and compile one of the most progressive constitutions the world has ever seen.

That constitution has protection for every possible right known to people.

Our Bill of Rights is the most extensive and protects everyone who happens to be within our borders.

The ones we most cherish are: the freedom of expression, which says under Section 16 (1), everyone has the right to freedom of expression, which includes, b) freedom to receive or impart information or ideas.

The other is freedom of association, Section 19 (1). Every citizen is free to make political choices, which includes the right, (c) to campaign for a political party or cause.

In the light of these extensive rights, one may understand that everything goes. One can basically do or say whatever one likes to campaign and further the interest of a political party, ideology or formation.

This may be the understanding of the DA, which led it to produce its potentially incendiary election advert showing the burning of the SA flag.

The DA’s federal chairperson, Helen Zille, came out strongly against any criticism about the appropriateness of the party’s campaign.

There may be no specific prohibition of such an act in the constitution and therefore the advert may be protected under Sections 16 (1) and 19 (1).

The DA is not averse to using such shock tactics to try get its message, whatever that might be, across to its constituency. Previously, under Tony Leon, the party had the “fight back” slogan and, after the Phoenix massacre a couple of years ago during the July riots, it had a poster that said: “The ANC called you racists, the DA calls you heroes.”

The burning of the flag in its advert follows a similar vein of shock tactics.

Whether the DA remains tone deaf and possesses a talent for not being able to read the room cannot be said at this stage.

Only after the elections can we determine whether its strategies are working or are a complete hindrance to its political ambitions.

Do I think its latest stunt is a good idea? Will this latest step push the party further away from the centre and firmly to the right and fringes of our political spectrum?

Has it given up on winning the overall majority and is only interested in solidifying its traditional voting base and holding on to the Western Cape in particular?

I may not have a crystal ball but all indications point to the latter. The constitution says, 39 (1), When interpreting the Bill of Rights, a court, tribunal or forum, (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom. You decide where their advert falls, I will not offer an outright opinion.