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we want to advocate in the Law Faculty, I agree that this is counterbalanced by other artworks within the entire Faculty space. It is only if all the artworks displayed in the Faculty portrayed life in such a negative and horrifying fashion that keeping those pictures on display at the same place indefinitely could vindicate the assertion that the Centre may appear to be somewhat similar to a ‘chamber of horrors’ 20 where the prevailing mood paralyses people’s consciousness. Art in general has many faces; some of which include ‘social commentary’, ‘creating beauty’, ‘storytelling’ and ‘conveying intense emotions’ 21 — and irrespective of which description Diane Victor’s etchings best fit into, we should all agree that horror art has a place in our society. Where that place is exactly still needs reflection and discovery. 3 Freedom of expression Whether in ancient Rome or in the modern United States, censorship has existed in every society at every age. Art challenges the strongly held beliefs of any society — whether those are political, ideological, religious, or otherwise — causes offense and creates pressure for censorship. 22 Van Marle quite rightly points out that ‘as regards freedom of speech, to follow a central critical legal studies insight, the moment we formulate issues like these in terms of law and legal concepts, we obfuscate the real issues, the issues that go to the heart of the matter’. 23 This was in response to Heyns who had originally advanced the viewpoint that ‘[o]bviously in a faculty of law, the legal considerations applicable to a situation such as the above are bound to enter the picture’. 24 It is true that the Centre for Human Rights has a particular responsibility towards freedom of expression; an obligation higher than that of an ordinary citizen to promote this fundamental right in light of the lessons of history. However, I am inclined to reject any absolutist or mindless approach to 20 Heyns (n 3 above) 5. 21 Art, Design and Visual Thinking http://char.txa.cornell.edu/art/introart.htm (accessed 24 April 2010). 22 C Tun-Jen & R Posner ‘Censorship versus freedom of expression in the arts’ in VA Ginsburgh & D Throsby (eds) Handbook of the economics of art and culture (2006) 1-1. 23 Van Marle (n 3 above) 18. 24 Heyns (n 3 above) 7. 13
14 human rights because it is premised, in part, on the simplistic argument that ‘If you don’t protect this right, then other rights will be violated’ and the exaggerated concept of ‘unlimited freedoms’ — which in fact can be limited. A starting point would be the Constitution25 which explicitly protects freedom of expression 26 (and art 27 as a popular form of such expression). Admittedly, the Constitution fails to answer and leaves for our consideration, the age-old question: where do we draw the line? Is there even such a line to be drawn? It seems diversity, transformative constitutionalism and ethics within a law faculty tentatively offer answers to this question. From the viewpoint of a country struggling with its past and its future, it is correctly disconcerting to see lawyers and human rights activists refusing to embrace the virtue of tolerance simply because they were not consulted, or they are not comfortable. Heyns is correct to point out that the delicate area of balancing different rights and competing interests demands a measure of circumspection — but at what cost? Heyns’s assertion, which I juxtapose with Van Marle’s statement in the first paragraph of this part can be sustained to some extent. In a debate such as this we would need to establish whether and where and how the problem of freedom of expression comes in. To do this we must ask whose freedom of expression was genuinely infringed. Unfortunate as the response to her artworks may have been, Diane Victor did not suffer a violation of her freedom of expression. The only time artistic creativity is stifled and freedom of expression suppressed is if the particular art piece is completely censored or destroyed simply because it does not conform to the prevailing culture, or viewpoint in a given society. What occurred in the faculty was more a struggle in preference and choice. The Dean — at the time — also did not necessarily suffer a violation of his freedom of expression, because he willingly engaged with faculty members in the discussions which culminated in the removal of the artworks from their various venues in the law building. The Centre can also not rely on this argument/defence (of freedom of expression) because what are Diane Victor’s pictures portraying which is different to or cannot be corroborated with any critical analysis of human rights especially in conflict-ridden, post-war or crime-laden countries? Besides, to favour the freedom of expression of a part (the Centre) to portray a certain image of itself over the freedom of expression of the whole (Faculty) to represent a collective philosophy is also a flawed argument. 25 Constitution of the Republic of South Africa, 1996 (‘RSA Constitution’). 26 RSA Constitution (n 25 above) s 16. 27 RSA Constitution (n 25 above) s 16 (c) expressly provides for ‘artistic creativity’.
Page 1 and 2: DISASTERS OF PEACE: PART 2 2011
Page 3 and 4: ‘Made to measure’ by Diane Vict
Page 6 and 7: The politics of horror art, freedom
Page 8 and 9: art on their behalf’ 6 while Van
Page 10 and 11: 2.2 How do we categorise art? The d
Page 12 and 13: this kind of innocence, of superfic
Page 16 and 17: Following my support for Van Marle
Page 18 and 19: (iii) Thirdly, the University — w
Page 20 and 21: Returning to my earlier point about
Page 22: ... Open and transparent — ironic
Page 25 and 26: 24 Shying away from the images is s
Page 27 and 28: 26 inclined to. 6 Simply put, sex s
Page 29 and 30: 28 exhibit the violent nature of su
Page 31 and 32: 30 I have already pointed out the a
Page 33 and 34: 32 The Damaso artwork demonstrates
Page 35 and 36: 34 basis’. 27 Public response tha
Page 38 and 39: Untitled Christof Heyns Faculty of
Page 40 and 41: At the main exhibition hall a publi

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