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Constitutional Court
Owen Maseko v The State; Pishai Muchauraya v The State
[2016] ZWCCZ 11
Case Details
Court
Constitutional Court
Date
15 January 2016
Citation
[2016] ZWCCZ 11
Judgment No.
CCZ 11/2016
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCC
Areas of Law
Constitutional lawCriminal lawFreedom of expression
Keywords
GukurahundiArt exhibitionPolitical speechCriminal Law CodeConstitutional validity
Tags
Freedom of expressionCriminal lawConstitutional challenge
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether ss 31(a)(i) and 33(2)(a)(ii) of Criminal Law Code violate constitutional rights to freedom of conscience and expression","issue_type":"constitutional","dispositive":"no","related_facts":"Maseko's art exhibition; Muchauraya's political speech"}
- {"issue_text":"Whether facts disclosed criminal offences under challenged provisions","issue_type":"mixed","dispositive":"yes","related_facts":"Content of paintings and speech"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Owen Maseko exhibited paintings about Gukurahundi at Bulawayo Art Gallery and was charged under Criminal Law Code. Pishai Muchauraya made political speech mentioning President's age and was similarly charged. Both challenged constitutional validity of Criminal Law Code provisions.
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