MADANHIRE & ANOR v A-G 2014 (1) ZLR 719 (CC)
Citation | 2014 (1) ZLR 719 (CC) |
Case No | Judgment No. CC-02-14 |
Court | Constitutional Court, Harare |
Judge | Chidyausiku CJ, Malaba DCJ, Ziyambi JA, Gwaunza JA, Garwe JA, Gowora JA Hlatshwayo JA, Patel JA & Guvava JA |
Heard | 9 October 2013; CAV |
Judgment | 12 June 2014 |
Counsel | E W W Morris, for the applicant |
Case Type | Constitutional application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 18(1) (right to protection of the law) – s 18(9) – right to a fair trial – not breached by use of word "serious" in definition of crime of criminal defamation – s 20(1) – freedom of expression – permissible derogations from – protection of reputation of other persons – whether such protection by criminalising defamatory statements justifiable in a democratic society – freedom of speech as a cornerstone of a democratic society – adequate protection provided to injured party through civil law – criminalising defamation a disproportionate instrument to protect reputations of other persons
Criminal law – offences under Criminal Law Code – criminal defamation – history of offence – criminalising defamation not justifiable in terms of s 20 of Constitution of Zimbabwe 1980
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