RETROFIT (PVT) LTD v MINISTER OF INFORMATION, POSTS & TELECOMUNICATIONS 1995 (2) ZLR 422 (S)
Citation | 1995 (2) ZLR 422 (S) |
Case No | Judgment No. S-238-95 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, Korsah JA, Ebrahim JA, Muchechetere JA & Sandura AJA |
Heard | 6 December 1995 |
Judgment | 18 December 1995 |
Counsel | A P de Bourbon SC for the applicant |
Case Type | Return day of rule nisi |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20(1) — right of freedom of expression — PTC's monopoly to provide public telecommunication service — whether reasonably justifiable in a democratic society — PTC's loss of profits and inability to provide adequate services if free market system allowed — not sufficient to justify inroad into freedom of expression — no rational connection between retention of PTC's monopoly and its stated objectives — monopoly not the least drastic means of accomplishing PTC's objectives — s 24(4) — whether Supreme Court, having determined that constitutional right has been infringed, may delay enforcement of right
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