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CHIMAKURE & ORS v ATTORNEY-GENERAL 2013 (2) ZLR 466 (S)
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20(1) — freedom of expression — permissible limitations on in interests of public safety and public order — any legislation affecting freedom of expression must fall under one of such limitations — need for D proportionality between any limitations imposed and effect on freedom of expression— legislation prohibiting false statements with intent to undermine public confidence in law enforcement agency — legislation not requiring knowledge of falsity — not permissible to prohibit statements simply because they are untrue — any prohibition must relate to lawful conduct of law enforcement agency — draconian penalties provided — further indication of lack of proportionality — need for person making statement to be aware that it is untrue
Criminal law — offences under Criminal Law Code — making false statement with intention of undermining confidence in law enforcement agency (s 31(a)) — provision in contravention of s 20(1) of Constitution of Zimbabwe 1980 — not a permissible derogation of right to freedom of expression
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