BANANA v ATTORNEY GENERAL 1998 (1) ZLR 309 (S)
Citation | 1998 (1) ZLR 309 (S) |
Case No | Judgment No. S-35-98 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA, Ebrahim JA, Muchechetere JA & Sandura JA |
Heard | 6 March 1998 |
Judgment | 26 March 1998 |
Counsel | J C Andersen SC, for the appellant |
Case Type | Constitutional application |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s18(2) as read with s18(3) — right to fair trial before impartial court — whether adverse pre-trial publicity about criminal case had made it impossible for the case to be tried fairly — how this right is to be balanced against the right to freedom of expression contained in s20(1) of Constitution — right of press to report criminal cases-limits to this right
Human rights — right to fair trial — vital importance of fairness and impartiality in criminal process — whether right to fair trial is to be given priority over freedom of press to report criminal cases
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