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"}
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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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