CHAVUNDUKA & ANOR v MINISTER OF HOME AFFAIRS & ANOR 2000 (1) ZLR 552 (S)

2000 (1) ZLR p552

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20(1) — right to freedom of expression — benevolent and purposive interpretation to be given to — Law and Order (Maintenance) Act [Chapter 11:07] — s 50(2) — prohibition against making false statements likely to cause fear, alarm and despondency — need to consider actual circumstances — vagueness of provision — whether a provision enacted in the interests of public safety or public order — not justifiable in a democratic society — primary purpose not directed at one of legitimate exceptions provided — scope of provision out of proportion to evil aimed at

Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(1) — application to Supreme Court — pending criminal matter — whether Court should decide constitutional question before trial is held — matter of great public importance — desirability of deciding issue before waiting for trial to be held

Human rights — freedom of expression — law prohibiting the making of false statement likely to cause fear, alarm and despondency — whether law one unduly restricting freedom of expression