Judgment No. CCZ 6/201411
Const. Application No. CCZ 247/09
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(1)
CONSTANTINE MUNYARADZI CHIMAKURE
(2) VINCENT
KAHIYA (3) ZIMIND PUBLISHERS (PVT) L TD
V
THE
ATTORNEY
GENERAL
OF
ZIMBABWE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA,
GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA,
PATELJA& GUVAVAJA
HARARE, OCTOBER 30, NOVEMBER 20, 2013 &
JANUARY 15 & JULY 22,2014 , - - - "''
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MALABADCJ:
On October 2013 the court issued a rule nisi pursuant to s
24(5) of the former Constitution. The rule nisi called upon the Minister of Justice, Legal and
Parliamentary Affairs ("the Minister") to show cause, on 20 November 2013, whys 31(a)(iii)
of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code)
should not be declared to be ultra vires s 20(1) of the former Constitution and accordingly
invalid.
The court had found that s 31(a)(iii) of the Criminal Code had the effect of
interfering with the exercise of the right to freedom of expression.
It found that the
applicants had discharged the onus of showing that s 31(a)(iii) of the Criminal Code was not