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MUTAMBARA v ATTORNEY GENERAL & ANOR 2015 (2) ZLR 14 (CC)

Citation

2015 (2) ZLR 14 (CC)

Case No

Judgment No. CCZ-11-15

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo and Guvava JJCC and Mavangira AJCC

Heard

14 May 2014

Judgment

18 November 2015

Counsel

ZT Chadambuka, for the applicant
S Fero, for the 1st respondent

Case Type

Opposed application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – declaration of Rights – section 20 – freedom of expression – whether the offence of contempt ofcourt (section 182(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]) infringes freedom of expression – freedom of expression not being absolute the offence of contempt of court a reasonable and justifiable restriction on freedom of expression.

Constitutional law – Constitution of Zimbabwe 1980 – declaration of Rights – section 21 – freedom of association – whether offence of contempt of court (section 182(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]) infringes freedom of association.

Constitutional law – Constitution of Zimbabwe 1980 – declaration of Rights – section 23 – freedom from discrimination – arrest – whether an arrest violates freedom from discrimination because another person who may have committed the same crime is not similarly arrested.

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