or her freedom of expression,”101 and “Any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society.”102 246. The notion of freedom of expression and its link with political participation was expressed by the African Commission in Amnesty International and Others v. Sudan, where it stated that freedom of AC HP R expression is a fundamental human right, essential to an individual personal development, political consciousness and participation in the public affairs of a country.103 247. In view of the fact that political leaders are most often sensitive to expression of opinions that are related to the political affairs of the State, the African Commission stated in the Kenneth Good v the Republic of Botswana that “A higher degree of tolerance is expected when it is a political speech and an even higher threshold is required when it is directed towards the government and government officials.”104 The Declaration also requires public figures “to tolerate a greater degree of criticism,”105 to promote transparency and accountability as tenets of good governance. 248. The African Commission noted in the Kenneth Good v the Republic of Botswana that freedom of expression is not an absolute right, and can 101 Ibid, Principle II(1). 102 Ibid, Principle II (2). 103 n 4 above. para 54 104 n 76 above. Para. 198 105 Ibid, Principle XII(1). 73

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