Judgment No CCZ 2/2015 1
Const. Application No CCZ 78/12
DISTRIBUTED BY VERITAS
email: veritas@mango.zw website: www.veritaszim.net
Veritas makes every effort to ensure the provision of reliable information,
but cannot take legal responsibility for information supplied
DISTRIBUTABLE (1)
(1) NEVANJI MADANHIRE (2) NQABA MATSHAZI
v
ATTORNEY-GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA,
GOWORA JA, HLATSHWAYO JA, PATEL JA & GUVAVA JA
HARARE, SEPTEMBER 24, 2014 & FEBRUARY 19, 2015
No appearance for the applicant
E. Makoto, for the respondent
P. Machaya for the Minister of Justice, Legal & Parliamentary Affairs
PATEL JA:
On 12 June 2014, in Judgement No. CCZ 2/14, this Court
held that s 96 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was
inconsistent with the freedom of expression guaranteed by s 20(1) of the former
Constitution. Furthermore, the Court found that the applicants had discharged the onus of
showing that the impugned provision was not reasonably justifiable in a democratic
society within the contemplation of s 20(2) of the Constitution.
Consequently, in accordance with s 24(5) of that Constitution, the Court issued a
rule nisi calling upon the Minister of Justice, Legal and Parliamentary Affairs (the
Minister) to show cause why s 96 of the Criminal Law Code should not be declared to be
in contravention of s 20(1) of the Constitution.