Zimbabwe Rule of Law Journal |129 of expression. This freedom is vitally important as it is a sine qua non of the enjoyment of many of our other fundamental rights. The judgment exposes how the offence charged devastates the right to express views on security sector institutions. It shows systematically the disproportionate overreach of this offence. The grounds for criticising the specific offence charged apply with equal force to the other offences contained in s 31. As the Court pointed out, the UN Special Rapporteur on Freedom of Opinion and Expression has argued that penal sanctions, particularly imprisonment, should never be applied to offences of publishing false news because of the chilling effect that such provisions have on freedom of speech. There is much merit in this view. The whole of s 31 must be reconsidered and, if a penal provision is to be retained at all, it must not destroy the right to freedom of expression; it must be one which is justifiable in a democratic society where freedom of expression is greatly valued.