CHIMAKURE & ORS v ATTORNEY-GENERAL 2013 (2) ZLR 466 (S)
Citation | 2013 (2) ZLR 466 (S) |
Case No | Judgment No. S-14-13 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Malaba DCJ, Ziyambi JA, Garwe JA & Cheda AJA |
Heard | 20 June 2010; CAV |
Judgment | 30 October 2013 |
Counsel | I Chagonda, for the applicants |
Case Type | Constitutional reference |
Annotations | No case annotations to date |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 20(1) – freedom of expression – permissible limitations on in interests of public safety and public order – any legislation affecting freedom of expression must full under one of such limitations – need for proportionality between any limitations imposed and effect on freedom of expression– legislation prohibiting false statements with intent to undermine public confidence in law enforcement agency – legislation not requiring knowledge of falsity – not permissible to prohibit statements simply because they are untrue – any prohibition must relate to lawful conduct of law enforcement agency – draconian penalties provided – further indication of lack of proportionality – need for person making statement to be aware that it is untrue
Criminal law – offences under Criminal Law Code – making false statement with intention of undermining confidence in law enforcement agency (s 31(a)) – provision in contravention of s 20(1) of Constitution of Zimbabwe 1980 – not a permissible derogation of right to freedom of expression
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