116 | Zimbabwe Rule of Law Journal
expression that the legislative objective sought to be achieved is outweighed by the extent of the
restriction. The law should not in its design have the effect of overreaching and restricting expression
which is not necessary for the achievement of the objective concerned. Not every case of actual or
potential harm to the public interests listed in s 20(2)(a) justifies the imposition of restrictions on the
exercise of freedom of expression.
Restriction must be imposed by law
Section 20 of the Constitution requires that any restriction must be “contained in ... any law” or “done
under the authority of any law”, that is, that the restriction must have all the universally recognised
characteristics of a legal norm. A criminal law must define its essential elements and the law must
not be unconstitutionally vague. The rationale underlying the principle of unconstitutional vagueness
of a statute is that it is essential in a free and democratic society that people should be able, within
reasonable certainty, to foresee the consequences of their conduct in order to act lawfully. This is a
fundamental element of law and order and therefore peace. If arbitrary and discriminatory enforcement
of criminal law is to be preventable laws must provide explicit standards for those who apply them. The
discretion of those entrusted with law enforcement should be limited by clear and explicit legislative
standards. The standard is one of sufficient clarity. It is not one of absolute clarity. A criminal law
imposing restrictions on the exercise of the right to freedom of expression will be unconstitutionally
vague if it fails to provide a clear basis for deciding whether a particular conduct violates that law.
B. Application of law to offence in question
Does the offence in question serve to protect a public interest?
The court held that the offence of making a false statement intended to undermine public confidence
in a security service clearly restricts freedom of expression and therefore the issue was whether it
fell under any of the permissible grounds for imposing restrictions.
The protecting public confidence in a security service institution is a means of ensuring that the
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