The Constitutional Court on Wednesday postponed judgment on the case in which MISA-Zimbabwe (Media Institute of Southern Africa) is seeking an order for criminal defamation to be declared unconstitutional.
Postponing the judgment indefinitely Chief Justice Godfrey Chidyausiku said the ConCourt needed time to look at the arguments which were raised by both MISA and the State before pronouncing judgment.
Advocate Eric Morris who was being instructed by Chris Mhike of Atherstone and Cook representing MISA –Zimbabwe, argued that the Criminal Law (Codification and Reform) is unconstitutional as it does not comply with the new constitution therefore it “should be struck off”.
MISA argues that the continued existence of criminal defamation contradicts with sections of the new constitution which protect the right to freedom of expression, freedom of the media and access to information.
“The postponement has been caused by some preliminary issues which the court raised which counsel could not address. Once these issues have been ventilated, the case will be set down again for hearing,” Mhike told ZimEye.com
In the matter, MISA-Zimbabwe is the first applicant while journalists Nqaba Matshazi, Sydney Saize and Godwin Mangudya, are the second, third and fourth.
The fifth applicant is Roger Deane Stringer, an independent publishing consultant.
The Attorney-General Prince Machaya and the Ministry of Justice, Legal and Parliamentary Affairs and Vice President Emmerson Mnangagwa, who are the respondents in the matter, are arguing for the retention thereof.