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Constitutional Court

Constantine Munyaradzi Chimakure (2) Vincent Kahiya (3) Zimind Publishers (Pvt) Ltd v The Attorney General of Zimbabwe

CCZ 6/2014

Case Details

Court
Constitutional Court
Date
22 July 2014
Citation
CCZ 6/2014
Neutral Citation
[2014] ZWCCZ 6
Outcome
unknown
Case Type
Application

Bench

Presiding
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JAGUVAVA JA
Areas of Law
Constitutional lawCriminal law
Keywords
Freedom of expressionCriminal CodeSection 31(a)(iii)ConstitutionalityRule nisi
Tags
Freedom of expressionCriminal lawConstitutional validity
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was in contravention of section 20(1) of the former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The provision interferes with freedom of expression; Minister failed to show reasonable justification"}
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background
Facts of the Case

Background

The applicants challenged the constitutional validity of section 31(a)(iii) of the Criminal Law (Codification and Reform) Act, arguing it violated the right to freedom of expression under section 20(1) of the former Constitution. The court issued a rule nisi calling upon the Minister of Justice to show cause why the provision should not be declared invalid.
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