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Constitutionality of Statutory Provisions re: Criminal Law (Codification and Reform) Act

SC14-13 : CONSTANTINE CHIMAKURE and VINCENT KAHIYA and ZIMIND PUBLISHERS (PVT) LTD vs THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

This is a referral for determination of a question of validity of statutory provisions for the restriction of the exercise of freedom of expression brought to the Supreme Court in terms of section 24(2) of the Constitution of Zimbabwe (“the Constitution”). The question is whether or not section 31(a)(iii) of the Criminal Law (Codification ...
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CC02-15 : NEVANJI MADANHIRE and NQABA MATSHAZI vs ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and GUVAVA JA

On 12 June 2014, in Judgement No. CC02-14, this Court held that section 96 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was inconsistent with the freedom of expression guaranteed by section 20(1) of the former Constitution. Furthermore, the Court found that the applicants had discharged the onus of showing that the impugned ...
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CC02-14 : NEVANJI MADANHIRE and NQABA MATSHAZI vs ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and GUVAVA JA

The applicants herein were jointly charged with the crime of criminal defamation as defined in section 96 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). Pursuant to an application under section 24(2) of the former Constitution, the Magistrates Court sitting at Harare has referred the matter to ...
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CC11-15 : ARTHUR MUTAMBARA vs THE ATTORNEY GENERAL OF ZIMBABWE and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

This application followed a referral of the matter to this Court by the Magistrates Court in terms of section 24(2) of the former Constitution of Zimbabwe (“the old Constitution”).The applicant sought an order declaring section 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”), and his arrest in terms of ...
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CC11-15 : ARTHUR MUTAMBARA vs THE ATTORNEY GENERAL OF ZIMBABWE and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

At the hearing of this matter, the applicant abandoned the relief relating to section 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] on the basis that the section had already been struck down as being unconstitutional in the case of Chimakure v Attorney General SC14-13. As a result, no reference will ...
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CC05-16 : PITTY MPOFU and SAMUKELISIWE MLILO vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

This matter is brought by way of referral in terms of section 24(2) of the former Constitution of Zimbabwe (“the former Constitution”) which provides as follows: “24 Enforcement of protective provisions (1)…,. (2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention ...
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CC17-16 : DOUGLAS MWONZORA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

The magistrate referred for determination, in terms of section 24(2) of the former Constitution (“the Constitution”), the question whether section 33(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”) violated the fundamental right to freedom of expression entrenched by section 20(1) of the Constitution.The constitutional matter arose in ...
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CC02-17 : KENNY MURRAY vs DONALD NDIROWEI N.O. and THE ATTORNEY-GENERAL and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, MAVANGIRA AJCC, CHIWESHE AJCC and MAKONI AJCC

This is an application in terms of section 85(1)(a) and (d) of the Constitution of Zimbabwe (hereinafter referred to as “the Constitution”) in which the applicant seeks the relief set out in the draft order. The draft order seeks the declaration of section 95(1(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] ('the ...
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CC17-17 : SHANTEL RUSIKE vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

This is an application in terms of section 175(4) of the Constitution of Zimbabwe (hereinafter referred to as “the Constitution”) wherein the applicant submits that section 33(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as 'the Criminal Law Code') is invalid, in that it violates the right to ...
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SSC28-17 : SAMSON MUTERO vs THE STATE
Ruled By: GWAUNZA JA, GOWORA JA and MAVANGIRA AJA

When regard is had to the provisions of section 2(2) of the Constitution, a court which convicts an accused person of murder can only sentence such an accused person to death in terms of a law which provides for a murder committed in aggravating circumstances. It is common cause that as at 30 January ...
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SSC59-19 : PROSECUTOR-GENERAL OF ZIMBABWE vs INTRATREK ZIMBABWE PL and WICKNELL CHIVAYO and L. NCUBE N.O.
Ruled By: PATEL JA

This is an application for leave to appeal to the Supreme Court in terms of section 44(6) of the High Court Act [Chapter 7:06].In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No.11141/18 (as Judgment No. ...
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