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Harare High Court

Media Alliance of Zimbabwe & Zenzele Ndebele v Minister of Justice, Legal and Parliamentary Affairs N.O. & Attorney General N.O.

HH 315-25

Case Details

Court
Harare High Court
Date
21 May 2025
Citation
HH 315-25
Neutral Citation
[2025] ZWHH 315
Outcome
unknown
Case Type
Application

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Constitutional lawCriminal lawHuman rights law
Keywords
Section 22ACriminal Law CodeVaguenessOverbreadthDeath penaltyCitizenship revocationVoting rights
Tags
Constitutional invalidityCriminal lawFreedom of expressionFreedom of associationCitizenship rights
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Death Penalty Abolition Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 22A(2) is vague and overbroad and infringes constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Terms \"subverting, upsetting, overthrowing\" not clearly defined"}
  • {"issue_text":"Whether section 22A(3) is vague and overbroad and infringes constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Term \"intentionally partake\" not defined; allows citizenship revocation"}
  • {"issue_text":"Whether death penalty provision in section 22A(2) violates section 48(2) of Constitution","issue_type":"constitutional","dispositive":"no (overtaken by events)","related_facts":"Death penalty only permitted for murder in aggravating circumstances"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants challenged the constitutional validity of sections 22A(2) and 22A(3) of the Criminal Law Code, which criminalize participation in meetings with foreign governments regarding military intervention or sanctions against Zimbabwe, arguing they violate constitutional rights to freedom of expression, association, and other rights.
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