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Constitutional Court
Douglas Mwonzora v The State
[2016] ZWCCZ 17
Case Details
Court
Constitutional Court
Date
23 November 2016
Citation
[2016] ZWCCZ 17
Judgment No.
CCZ 17/2016
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA JCC
Areas of Law
Constitutional LawCriminal Law
Keywords
freedom of expressionundermining authority of Presidentcriminal chargeconstitutional validity
Tags
freedom of expressioncriminal lawpresidential insult
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the facts alleged in the charge would constitute an offence under s 33(2)(a) of the Criminal Law Code if proved at trial","issue_type":"procedural","dispositive":"yes","related_facts":"The vague and imprecise nature of the charge"}
- {"issue_text":"Whether s 33(2)(a) of the Criminal Law Code violates the right to freedom of expression","issue_type":"constitutional","dispositive":"no","related_facts":"The criminalization of statements about the President"}
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background
Facts of the Case
Background
Douglas Mwonzora, a Member of Parliament, was charged with undermining the authority of the President under s 33(2)(a) of the Criminal Law Code for statements made at a political rally. The Constitutional Court was asked to determine whether the charge disclosed an offence and whether the statutory provision was constitutional.
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