J26 It will be recalled crimininalising that “false news”, Zimbabwe GUBBAY, ANOTHER v. MINISTER Civil Application No. Indeed C.J did of whose frowned However, the also OF HOME at one retention upon in the AFFAIRS in time post case have law independence of MARK & ANOTHER a GOVA & (S.C. 36/2000 156/99). it is trite that every right and legal restrictions. away Zimbabwe Hence is subject to reasonable the derogations we observe under Article 20 (3). derogations the guaranteed freedom thereunder stipulate that where right and that law is “shown a law takes not to be reasonably justifiable in a democratic society” then that law is unconstitutional and and ought not to remain on the statute books. therefore not permissible As was said in the THEBUS limits limitation impugned next (the in legislation indeed is regard being Constitution). stipulated legislation does not satisfy the justification standard through it competent, that must the event, consequences of the be notional in, reading declared responsibility or actual unconstitutional power and of invalidity declaration to had the the impugned If the considerations option, whether question justifiable, and reasonable is the right, guaranteed a case, “if the and a remedial is not invalid. In severance and address_ to resides, with not the the Courts, but pre-eminently with the legislative authority. what is “reasonably Admittedly defining society can be problematic. Zimbambwe in RE MUNHUMESO As was justifiable” observed & OTHERS by the in a democratic Supreme (1994) I L.R.C. 284: Court of