Judgment No CCZ 2/2015 2
Const. Application No CCZ 78/12
On 21 July 2014, the Minister duly filed his responding affidavit. He averred that
he had no cause to oppose the intended declaration and that the Court should proceed to
finalise the matter as it deemed fit. On the return day, Adv. Machaya, appearing for the
Minister, reiterated the position taken in the responding affidavit and consented to the
confirmation of the rule nisi.
At the close of submissions by counsel, the Court confirmed the rule nisi. We
further indicated that an appropriate declaratory order would be issued in due course.
In the result:
(1) It is declared that s 96 of the Criminal Law (Codification and Reform) Act
[Chapter 9:23] is inconsistent with and in contravention of s 20(1) of the
former Constitution.
(2) It is ordered that the prosecution of the applicants in respect of the charge of
criminal defamation, being Count 2 in the proceedings under CRB No. 802021/11, be permanently stayed.
(3) There shall be no order as to costs.
CHIDYAUSIKU CJ:
I agree.
MALABA DCJ:
I agree.