Judgment No CCZ 2/14 1
Const. Application No CCZ 78/12
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REPORTABLE (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, OCTOBER 9, 2013 & JUNE 12, 2014
E. Morris, for the applicant
E. Makoto with him T. Mapfuwa, for the respondent
PATEL JA:
The applicants herein were jointly charged with the
crime of criminal defamation as defined in s 96 of the Criminal Law (Codification and
Reform) Act [Cap 9:23] (the Criminal Law Code). Pursuant to an application under
s 24(2) of the former Constitution, the Magistrates Court sitting at Harare has referred the
matter to this Court for the determination of certain constitutional questions.
BACKGROUND
The first applicant is the editor of The Standard newspaper, while the second
applicant is employed by the same journal as a reporter. On 6 November 2011, they