MADLANGA J importance, both Article 9(1) of the German Basic Law and section 2(d) of the Canadian Charter of Rights and Freedoms do not have equivalents of paragraph 2 of Article 10 of the African Charter and paragraph 2 of Article 20 of the UDHR. That makes the German and Canadian positions of particular relevance. It is unsurprising that the Court in Tloubatla also came to the conclusion that section 18 of our Constitution protects the right to refrain from associating.70 Van Dijkhorst J held: “[T]here is no reason in my view to restrict the meaning of our clause on the freedom of association merely to the positive. The Constitution was intended to grant freedoms, not restrict them. I hold therefore that section 18 of the Constitution also protects the right to refrain from association.”71 A point was made by the respondents that it is inexpensive and not difficult to form a political party. The subtext was that, if the applicants are unwilling to join existing political parties, they have no reason not to form political parties of their own. It may be inexpensive and not difficult to form a political party. That is not the issue. There are other and perhaps more important issues. This matter is about choices; not choices about mundane daily preferences. Rather, choices that implicate the very notion of freedom which the right to freedom of association is about. If it is an individual’s fundamental right to be free to associate with whomsoever she or he wishes, surely it must equally be one’s fundamental right to be free not to associate with anybody whatsoever. Although for some there may be advantages in being a member of a political party, undeniably political party membership also comes with impediments that may be unacceptable to others. It may be too trammelling to those who are averse to control. 70 The Law Society of the Transvaal v Tloubatla 1999 JDR 0309 (T). 71 Id at 15. 23