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RETROFIT (PVT) LTD v MINISTER OF INFORMATION, POSTS & TELECOMUNICATIONS 1995 (2) ZLR 422 (S)

1995 (2) ZLR p422

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
P A Chinamasa, Attorney-General, with him B Patel and A Guvava, for the respondent

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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