IN RE CHINAMASA 2000 (2) ZLR 322 (S)

Flynote

Appeal — right of — to Supreme Court — refusal by lower court to refer matter to determine whether Declaration of Rights has been breached — not subject to appeal

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18 — protections afforded to person charged with criminal offence — allegation of contempt of court committed ex facie curiae — person charged with contempt entitled to same protections as person charged with ordinary criminal offence

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to fair trial by impartial court — not violated by court hearing allegation of contempt of court, where judge hearing matter is not the judge who was criticised

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(3) — presumption of innocence — citation issued to person calling on him to show cause why he should not be committed for contempt of court — does not violate presumption — guilt of person must still be established beyond reasonable doubt

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20 — freedom of expression — common law offence of scandalising the judiciary — whether a constitutionally permissible restriction on right of freedom of expression — offence has purpose of maintaining authority and independence of courts — offence creates real risk of impairing public confidence in judiciary — as such reasonably justifiable in a democratic society

Court — contempt — contempt ex facie curiae — scandalising the judiciary — offence still extant in our law

Criminal law (common law offences) — contempt of court — contempt ex facie curiae — scandalising the judiciary — offence still extant in our law