Chimakure & Kahiya v AG

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 s 24(2) of the Constitution of Zimbabwe (“the Constitution”).  The question is whether or not s 31(a) (iii) of the Criminal Law (Codification and Reform) Act [Cap. 9:23) (“the Criminal Code”) contravenes the declaration of the fundamental right to freedom of expression under s 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.

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