PUBLIC STATEMENTS PREJUDICIAL TO THE STATE- Chilling freedom of expression to the bone with a chilling offence: Case note on Chimakure & Others v Attorney-General 2013 (2) ZLR 466 (S)

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Author: 
Geoffrey Feltoe and John Reid-Rowland
Journal Citation: 
ZRoLJ
Media Neutral Citation: 
[2017] ZRoLJ 06
Publication Date: 
28 February 2017

 

PUBLIC STATEMENTS PREJUDICIAL TO THE STATE

Chilling freedom of expression to the bone with a chilling offence: Case note on Chimakure & Others v Attorney-General 2013 (2) ZLR 466 (S)

Geoffrey Feltoe and John Reid-Rowland

 

Overview

This case note examines the reasoning of the Supreme Court leading to its conclusion that s 31(a) (iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Criminal Law Code”) is unconstitutional and therefore null and void. The note also looks at the implications of this ruling in respect of the rest of s 31 of the Criminal Law Code, as well as other provisions in the Code.