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IN RE MUNHUMESO & ORS 1994 (1) ZLR 49 (SC)

1994 (1) ZLR p49

Citation

1994 (1) ZLR 49 (SC)

Case No

Details not supplied

Court

Supreme Court of Zimbabwe

Judge

Gubbay CJ, McNally JA, Korsah JA, Ebrahim JA & Muchechetere JA

Heard

28 June, 2 November 1993

Judgment

13 January 1994

Counsel

M J Gillespie for the applicants
J R Muganhu for the Attorney-General

Case Type

Application for an order declaring legislative provision to be unconstitutional

Annotations

Link to case annotations

Flynote

Constitutional law — whether s 6 of Law and Order (Maintenance) Act [Chapter 65] is ultra vires ss 20 and 21 of the Constitution — principles for dealing with such a matter — effect of s 20(6) and s 21(4) of Constitution — whether restrictions imposed by provision on fundamental rights are reasonably justifiable in democratic society in the interests of public safety or public order

Constitutional law — s 11 of the Constitution — whether creates substantive rights or is merely a preamble to the Declaration of Rights provisions

Human rights — nature and scope of the rights of freedom of expression and of assembly and extent of derogations from those rights

Interpretation of statutes — construction of constitutional provisions protecting freedoms and of derogations from those rights — how legislation challenged as unconstitutional is to be construed

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