ASSOCIATED NEWSPAPERS OF ZIMBABWE (PVT) LTD v MINISTER OF STATE FOR INFORMATION AND PUBLICITY & ORS 2005 (1) ZLR 222 (S)

2005 (1) ZLR p222

Flynote

Appeal — Administrative Court — noting of appeal against order of — no power in court to order execution pending appeal

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20 — protection of freedom of speech — whether infringed by SI 169C of 2002 — matter left open

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24 — challenge to constitutionality of statutory provision — need for applicant to show how his rights would be affected – not usually enough to make a bare allegation

Court — Administrative Court — powers of — appeal from — court has no inherent or statutory jurisdiction to order execution of its judgment despite the noting of an appeal

Court — contempt of court — requirement that applicant purge its contempt before approaching court for relief — whether contempt at relevant time proved

Court — judicial officer — impartiality — bias — likelihood of — vitiates requirement of maxim audi alteram partem — violation of rule a gross irregularity

Practice and procedure — contempt of court — requirement that applicant purge its contempt before approaching court for relief — whether contempt at relevant time proved

Statutes — Access to Information and Protection of Privacy Act [Chapter 10:27] — ss 39(1)(g), (i), (j), (n) & (p), 40, 41, 65, 66, 69, 70, 71, 72 , 76, 79, 80(1)(d)(2), 83, 89 & para 4 of Fourth Schedule — constitutionality of

2005 (1) ZLR p223

Chidyausiku CJ