PAZVAKAVAMBWA v PORTCULLIS (PVT) LTD 2011 (2) ZLR 112 (H)

2011 (2) ZLR p112

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – s 20(1) – freedom of expression and information — derogation therefrom so as to protect the reputations of others – s 20(2)(b) – public policy a legitimate consideration in considering any law formulated thereunder

Constitutional law – Constitution of Zimbabwe, 1980 – s 20(1) – freedom of expression and information – information of applicant's criminal record circulated by the respondent for the benefit of the financial sector – creditworthiness of clients of banks a matter of vital interest to bankers – information retained indefinitely by respondent on its database – whether public policy requires limit on how long such information may be retained – dissemination of such information to the financial sector not contrary to public policy – reasonable man test – service rendered by respondent to financial sector not objectionable

Costs – no order as to costs – application – dismissal of – application of considerable public importance – no order as to costs

Human rights – freedom of information – freedom of speech – right to privacy – record of information kept on individuals and supplied to subscribers needing to assess individual's creditworthiness – record of criminal conviction – whether there should be a limit on how long such information may be retained