Judgment No CCZ 2/14 17 Const. Application No CCZ 78/12 Having regard to these provisions, taken together, it is arguable that the freedom of expression conferred by s 61 is to be more narrowly construed as being subordinate to the value of human dignity. It might also be argued that the offence of criminal defamation is a justifiable limitation on the freedom of expression as envisaged by s 86 of the new Constitution. In any event, as I have said, these are matters for argument and consideration as and when an appropriate case is brought for determination before this Court. DISPOSITION The relief sought herein is for the permanent stay of prosecution of the applicants on the charge of criminal defamation brought against them as being in contravention of s 20(1) of the former Constitution. They have succeeded in demonstrating that the offence of criminal defamation is not reasonably justifiable in a democratic society on any of the grounds mentioned in s 20(2) of the Constitution. However, before the declaratory relief that they seek can be granted, it is necessary to apply the rule nisi requirements of s 24(5) of that Constitution, which subsection provides as follows: “If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section 16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a)to (e), as the case may be, as are relied upon by the other party without proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be declared to be in contravention of the section concerned.” In the result, the Minister of Justice, Legal and Parliamentary Affairs is hereby called upon, if he so wishes, to show cause why s 96 of the Criminal Law (Codification