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Constitutional Court

Arthur Mutambara v The Attorney General of Zimbabwe & Commissioner General of Police

[2015] ZWCCZ 11

Case Details

Court
Constitutional Court
Date
18 November 2015
Citation
[2015] ZWCCZ 11
Judgment No.
CCZ 11/15
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
GWAUNZA JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional LawCriminal Law
Keywords
freedom of expressioncontempt of courtscandalising the courtconstitutional rightss 182(1) Criminal Law Code
Tags
freedom of expressioncontempt of courtconstitutional challenge
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether s 182(1) of the Criminal Law Code violates the right to freedom of expression under s 20(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's publication of article criticizing judiciary"}
  • {"issue_text":"Whether s 182(1) violates the right to freedom of association under s 21(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Arrest of applicant and his associates from newspaper"}
  • {"issue_text":"Whether s 182(1) violates the right to protection from discrimination under s 23 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Selective prosecution compared to presidential candidate"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a political leader, wrote an article published on 20 April 2008 criticizing the judiciary, particularly Judge Tendai Uchena's decision. He was arrested on 1 June 2008 for allegedly contravening s 182(1) (contempt of court) and s 31(a)(iii) of the Criminal Law Code. He challenged the constitutionality of s 182(1) alleging violations of his rights to freedom of expression, association and protection from discrimination.
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