Zimbabwe Rule of Law Journal |123 First sub-species The first sub-species is publishing or communicating a false statement to any other person intending or realising that there is real possibility of the prejudicial consequences occurring. This offence is committed whether or not the publication or communication actually results in the prejudicial consequences. The prejudicial consequences to the State intended are: • inciting or promoting public disorder or public violence or endangering public safety; or • adversely affecting the defence or economic interests of Zimbabwe; or • undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe; or • interfering with, disrupting or interrupting any essential service. Implications for first sub-species of Constitutional Court ruling There are various grounds for concluding that as currently formulated this sub- species (apart from the provision relating to undermining public confidence in a security service agency) is unconstitutional. The following rulings by the Constitutional Court pertaining to the undermining public confidence provision would appear to apply with equal force to the provisions on the other prejudicial effects. a) The ruling that this offence must have the requirement that the maker of the statement must know that the statement being made is false. b) The ruling that the falsity requirement for this offence should be confined to a statement that is wholly false. c) The implied ruling that the offence should only be committed if the statement is published to a significant number of persons, rather than just one other person. Second sub-species The second sub-species is publishing to any other person a wholly or materially false statement knowing that the statement is false or not having reasonable grounds to believe that it is true, if the publication of the false statement actually results in any of the prejudicial consequences. This