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Following my support for Van Marle’s earlier stated criticism against the<br />
use <strong>of</strong> legal concepts in issues <strong>of</strong> <strong>this</strong> kind at the beginning <strong>of</strong> <strong>this</strong> part, I<br />
would argue that it is more the implicit and unspoken opposition to or<br />
avoidance <strong>of</strong> controversial and provocative ideas that is the problem and not<br />
a direct digression from the (instrumental and technical) principles <strong>of</strong><br />
freedom <strong>of</strong> expression and artistic creativity. Diane Victor’s freedom <strong>of</strong><br />
expression is thus not under threat. What is in question is the result <strong>of</strong> that<br />
expression. Those who objected to the etchings in the Faculty chose to<br />
employ the claim <strong>of</strong> ‘lack <strong>of</strong> consultation’ in order to hide their innate<br />
preference for the sweet, blissful and comfortable life which was disturbed<br />
by the etchings. This is carried through in these words by Chris Hani, which<br />
although intended for white South Africans during Apartheid as Van Marle 28<br />
mentions, may serve as a universal description <strong>of</strong> how society is becoming:<br />
Their life is good. They go to their cinemas, they go to their<br />
braaivleis, they go to their five-star hotels. That’s why they are<br />
supporting the system. It guarantees a happy life for them, a sweet<br />
life. Part <strong>of</strong> our campaign is to prevent that sweet life. 29<br />
Whatever viewpoint we hold on freedom <strong>of</strong> expression, we must also view<br />
freedom <strong>of</strong> expression (in art, speech, or films) from a different angle – a<br />
‘value’ and ‘impact’ angle. As the penetration <strong>of</strong> new ideas into society; the<br />
honest portrayals <strong>of</strong> the horrors which visit upon the poor and vulnerable; the<br />
depiction <strong>of</strong> hope and a better future; and <strong>of</strong> radically different approaches<br />
to problems endemic in post-Apartheid South Africa. The kind <strong>of</strong> (freedom<br />
<strong>of</strong>) expression that Victor’s etchings exemplifies is one with the potential for<br />
a paradigm shift and a venturing <strong>of</strong>f into the wilderness wanderings <strong>of</strong> new<br />
reflections and a more nuanced critique <strong>of</strong> the human condition.<br />
4 The <strong>University</strong> as open space<br />
A <strong>University</strong> is probably the prime example <strong>of</strong> an open space for dialogue and<br />
innovation or what Van Marle calls a ‘heterogenous public space’. 30 Heyns<br />
points out elsewhere that ‘in a very real sense, universities can be agents <strong>of</strong><br />
28<br />
29<br />
Van Marle (n 3 above) 26.<br />
W Kentridge Breakfast in the antechamber (1986) cited in Van Marle (n 3 above)<br />
26.<br />
30 Van Marle (n 8 above) 628.<br />
15