Judgment No. CCZ 14/2017
Const. Application No. SC 263/12
REPORTABLE
(14)
(1) JENNIFER WILLIAMS (2) SIKHANGEZILE NDLOVU (3)
SITSHIYIWE NZIMA (4) WENDY MOYO (5) NOTHANDO
TSHEMBE (6) PRISCILLA NCUBE (7) THABITHA NDLOVU (8)
SITHINGIWE NGWENYA (9) KHOLWANI NDLOVU (10) FAINA
MAPOSA
v
THE STATE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC,
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATSHWAYO JCC, GUVAVA JCC & MAVANGIRA AJCC
HARARE, OCTOBER 1, 2014 & JULY 12, 2017
T Mpofu, for the applicants
E Nyazamba, for the respondent
MAVANGIRA AJCC: This matter was referred to this court by a magistrate
in terms of s 24 (2) of the former Constitution of Zimbabwe. After hearing the parties,
judgment was reserved.
BACKGROUND
The applicants were arraigned before the magistrate at Bulawayo, on a charge
initially, of criminal nuisance as defined in s 46 as read with para 2 (v) of the 3rd Schedule to
the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It was alleged that the
applicants unlawfully and with intent to cause public disorder, displayed placards and
distributed fliers along Leopold Takawira/9th Avenue in Bulawayo, thereby disturbing the free
flow of both human and vehicular traffic.
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