PUBLIC STATEMENTS PREJUDICIAL TO THE STATE
Chilling freedom of expression to the bone with a chilling offence:
Case note on Chimakure & Others v Attorney-General 2013 (2) ZLR 466 (S)
Geoffrey Feltoe and John Reid-Rowland
Overview
This case note examines the reasoning of the Supreme Court leading to its conclusion that s 31(a)
(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Criminal Law Code”) is
unconstitutional and therefore null and void. The note also looks at the implications of this ruling in
respect of the rest of s 31 of the Criminal Law Code, as well as other provisions in the Code.
Background to the Case
Some human rights activists and some members of a political party were abducted from different
places at different times, following a number of bomb explosions around Harare. The identities of
the abductors and places where the abductees were taken were kept secret. No-one knew what had
happened to the abductees. These abductions were widely reported in the media and the question of
who had kidnapped the people concerned became a matter of public discussion. The law enforcement
agencies claimed that they had no knowledge of who the abductors were and what their motive was.
After 27 days, the victims appeared at various police stations in Harare and were later charged with
various security crimes. Indictments, lists of witnesses and summaries of their evidence were served
on them. The witnesses were all members of law enforcement agencies.
The Zimbabwe Independent newspaper then published an article in which it stated that the AttorneyGeneral’s Office “... revealed the names of some members of the Central Intelligence Organisation
Select target paragraph3
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