Judgment No. CCZ 6/201414 Const. Application No. CCZ 247/09 opinion, to give guidance on what is e~pected of a Minister who is called upon by the court to show cause why an enactment, the constitutional validity of which is challenged, should not be declared to be in contravention of a fundamental human right or freedom. The order of the Court is as follows:1. It is order that s 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was in contravention of s 20(1) of the former Constitution and therefore void. 2. The respondent is to pay the costs of the main application as well as the costs relating to the confirmation of the rule nisi. CHIDYAUSIKU CJ: I agree ZIYAMBIJA: I agree GWAUNZAJA: I agree

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