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