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Constitutional Court
Shantel Rusike v The State
[2017] ZWCCZ 17
Case Details
Court
Constitutional Court
Date
20 September 2017
Citation
[2017] ZWCCZ 17
Judgment No.
CCZ 17/2017
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional LawCriminal Law
Keywords
freedom of expressioninsulting the Presidentconstitutionalitysection 33(2)(a)Criminal Law Code
Tags
freedom of expressioncriminal lawpresidential insult
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe (2013)
- Constitution of Zimbabwe (2013)
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe (Lancaster House)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 33(2)(a) of the Criminal Law Code is unconstitutional for violating the right to freedom of expression","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant charged under this provision for sending manipulated image"}
- {"issue_text":"Whether section 33(2)(a) violates the right to freedom of conscience","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's creative expression in making the image"}
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background
Facts of the Case
Background
The applicant, a 20-year-old female, was charged with contravening section 33(2)(a) of the Criminal Law Code for allegedly sending a manipulated image depicting the President's head on a nude child's body via WhatsApp. She challenged the constitutionality of the provision, arguing it violated her rights to freedom of expression and conscience under the Constitution.
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