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 ...
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 and Reform) Act [Chapter 9:23] ('the Criminal Code')
contravenes the declaration of the fundamental right to freedom of expression
under section 20(1) of the Constitution. The section prohibits, under threat of
punishment, the publication or communication to any other person of a false
statement with the intention or realising that there is a real risk or
possibility of undermining public confidence in the law enforcement agency, the
Prison Service or the Defence Forces of Zimbabwe.
The relief sought is a declaration to the effect
that the section is unconstitutional and therefore null and void.
