Zimbabwe Rule of Law Journal |117 institution performs efficiently and effectively its constitutionalvmandate to maintain public order and protect public safety. The offence is rationally connected to this objective. Whilst the media are entitled to criticize unlawful activities on the part of security agencies, making of false statements about their lawful activities will impair their ability to carry out their mandate as this may lead to withdrawal of support for law enforcement. Therefore, although the offence does not state this explicitly, its legitimate aim is to protect the interests of public order and public safety and this falls within the scope of permissible restrictions listed in s 20(2) The public interest is in ensuring that the exercise of freedom of expression does not cause direct, serious and proximate harm to lawful performance by the security service institutions of the functions for which they were constitutionally established. Alleged unconstitutionality vagueness of provision Real risk or possibility The applicants argued that the phrase “real risk or possibility” referred to anything which could scientifically happen without it necessarily being probable. The Court found that the words “real risk or possibility” in s 31(a)(iii) of the Code denote a test to be used to establish a subjective state of mind accompanying the publication or communication of a false statement relating to the security service institution. The concept of “realisation of a real risk or possibility” of the occurrence of a specific event as a consequence of the proscribed conduct has been used in the definition of crimes for many years to denote a subjective state of mind of crimes to the extent that it has now acquired a special meaning in criminal law jurisprudence. It has a clear meaning. Falsity The applicants argued that the word “false” was wide enough in meaning to embrace a statement which was merely incorrect or inaccurate. They maintained it is always difficult to conclusively determine total falsity. The Court found that this word was sufficiently precise in its meaning.