Chilling freedom of expression to the bone with a chilling offence: Case note on State v Chimakure, Kahiya & ZimInd Publishers (Pvt) Ltd Constitutional Application No. S-247-09; Judgment No S-14-13

Abstract

This case note examines the reasoning of the Supreme Court leading to its conclusion that s 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Criminal Law Code”) is unconstitutional and therefore null and void. It also looks at the implications of this ruling in respect of the rest of s 31 of the Criminal Law Code, as well as other provisions in the Code.