Jabulani Sibanda v The State

[2017] ZWCCZ 4

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Case Details

Court

Constitutional Court

Date

17 March 2017

Citation

[2017] ZWCCZ 4

Judgment No.

CCZ 4/17

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GARWE JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC

Areas of Law

Constitutional lawCriminal lawFreedom of expression

Keywords

section 33(2)(b) Criminal Law Codification Actfreedom of expressionconstitutional referral procedureinsulting the President

Key Issues

{"issue_text":"Whether the applicant should have given viva voce evidence in support of the referral application","issue_type":"procedural","dispositive":"no","related_facts":"The applicant did not give evidence or file affidavits"}
{"issue_text":"Whether the court a quo properly referred the matter to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"The referral was made without proper factual analysis and without citing the Minister"}

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background

Facts of the Case

Background

The applicant, chairperson of the War Veterans Association, was charged under section 33(2)(b) of the Criminal Law (Codification and Reform) Act for allegedly insulting the President during a speech to war veterans. He denied making the alleged statements and challenged the constitutionality of the charge, arguing it violated his rights to freedom of conscience and expression under sections 60 and 61 of the Constitution.

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