[Rev. 2012] National Intelligence Service NO. 28 OF 2012 PART IV – LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS 31. Rights and fundamental freedoms (1) A person to whom this Act applies shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless the rights or fundamental freedoms have been limited to the extent specified in this Act or any other written law. (2) Notwithstanding subsection (1), a limitation under this Act shall not derogate from the rights and fundamental freedom in Article 25 of the Constitution. 32. Conditions for limitation of rights and fundamental freedoms (1) Notwithstanding section 31, the purpose of this Part is to limit or restrict the rights and fundamental freedoms as contemplated by Article 24 of the Constitution. (2) Limitations of rights and freedoms under this Part is necessary for purposes peculiar to intelligence services and operations, based on human dignity, to ensure — (a) the protection, maintenance and promotion of national security; (b) the protection of classified information; (c) the security and safety of members of the Service; (d) good order and discipline in the Service; and (e) that the enjoyment of the rights and fundamental freedoms by a person do not prejudice the rights and fundamental freedoms of others. (3) Limitation of rights and fundamental freedoms under this Part— (a) shall satisfy the criteria set out in Article 24(1) of the Constitution; and (b) shall— (i) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others; (ii) be necessary to achieve the mandate of the Service; (iii) be done without discrimination; and (iv) be exceptional and not derogate the core or essential content of the right or freedom being limited. 33. Limitation of freedom of expression (1) The freedom of expression set out under Article 33 of the Constitution may be limited in respect of a member of the Service under the conditions set out in subsection (2). (2) Limitation of the freedom of expression shall be to the extent that it is done— (a) in the interest of national security, public safety, public order, public morality or public health; 23 [Issue 1]