Gwanda v State
Gwanda v State (Constitutional Case 5 of 2015) [2017] MWHC 953 (10 January 2017)
Section 184(1)(c) of the Penal Code is unconstitutional because it is vague, overly broad, and enables arbitrary and discriminatory enforcement, violating the Applicant's rights to dignity, equality, liberty, privacy, and movement under the Constitution. The limitation imposed by the section is not reasonable, necessary, or justifiable in an open and democratic society, and cannot be saved by severance or reading-in. The provision is declared null and void.
Source excerpt
- Vagrancy laws
- Void for vagueness
- Equality and non-discrimination
- Right to liberty
- Due process
- Presumption of innocence