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Constitutional Court
Nevanji Madanhire & Nqaba Matshazi v Attorney-General
CCZ 2/2015
Case Details
Court
Constitutional Court
Date
19 February 2015
Citation
CCZ 2/2015
Neutral Citation
[2015] ZWCCZ 2
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
PATEL JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JAGUVAVA JA
Areas of Law
Constitutional LawCriminal Law
Keywords
freedom of expressioncriminal defamationconstitutional inconsistencysection 96Criminal Law Code
Tags
constitutional challengecriminal defamationfreedom of expression
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 96 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] is inconsistent with the freedom of expression guaranteed by section 20(1) of the former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The applicants were charged with criminal defamation under section 96"}
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background
Facts of the Case
Background
The applicants challenged the constitutionality of section 96 of the Criminal Law (Codification and Reform) Act, which criminalized defamation. The Constitutional Court had previously issued a rule nisi declaring the provision inconsistent with the constitutional right to freedom of expression.
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