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Constitutional Court

Jennifer Williams & 9 Ors v The State

[2017] ZWCCZ 14

Case Details

Court
Constitutional Court
Date
12 July 2017
Citation
[2017] ZWCCZ 14
Judgment No.
CCZ 14/2017
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
MAVANGIRA AJCC
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional LawCriminal LawHuman Rights Law
Keywords
criminal nuisanceconstitutional challengefreedom of expressionfreedom of assemblyreferral procedure
Tags
constitutional referralcriminal nuisancefreedom of expressionfreedom of assemblyright to liberty
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Procedure and Evidence Act
  • Constitution of Zimbabwe (former)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether this court is properly seized with this matter","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate's failure to properly consider referral application"}
  • {"issue_text":"Whether the applicants are entitled to a permanent stay of proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Not reached due to procedural defect"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Ten applicants were charged with criminal nuisance under s 46 of the Criminal Law (Codification and Reform) Act for allegedly displaying placards and distributing fliers in Bulawayo. They applied for constitutional referral challenging the validity of the charge and their prosecution, alleging violations of their constitutional rights to liberty, protection of law, freedom of expression and assembly.
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