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.

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