@@ Line 551: / Line 551: @@
 (1)	Subject to the provisions of this Constitution, every person is entitled to the protection of the law.
 (Subsection as amended by s.3 of Act 4 of 1993 - Amdmt No.12)
 (2)	If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
 (a)	shall be presumed to be innocent until he is proved or has pleaded guilty;
 (b)	shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
 (c)	shall be given adequate time and facilities for the preparation of his defence;
 (d)	shall be permitted to defend himself in person or, save in proceedings before a local court, at his own expense by a legal representative of his own choice;
 (e)	shall be afforded facilities to examine in person or, save in proceedings before a local court, by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
 (f)	shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge;
 and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
 (4)	When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
 (5)	No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
 (a)	where a conviction and sentence of the High Court or of a court subordinate to the High Court are set aside on appeal or review on the ground that evidence was admitted which should not have been admitted or that evidence was rejected which should have been admitted or on the ground of any other irregularity or defect in the procedure; or
 (Paragraph as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 (b)	otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review proceedings relating to the conviction or acquittal.
 (Paragraph as amended by s.3 of Act 4 of 1993 - Amdmt No.12)
 (7)	No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
 (8)	No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
 (9)	Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations.
 (Subsection as amended by s.3 of Act 4 of 1993 - Amdmt No.12)
 (10)	Except in the case of a trial such as is referred to in subsection (14) or with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
 (i)	may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings; or
 (ii)	may by law be empowered or required so to do in the interests of defence, public safety, public order or the economic interests of the State;
 or
 (b)	the court from excluding from proceedings preliminary to trial in respect of a criminal offence persons other than the accused person and his legal representative when so required by law, unless the accused person otherwise requests.
 (12)	Notwithstanding anything contained in subsection (4), (10) or (11), if in any proceedings before such court or other adjudicating authority as is referred to in subsection (2) or (9), including any proceedings by virtue of section 24, a certificate in writing is produced to the court or other authority signed by a Minister that it would not be in the public interest for any matter to be publicly disclosed, the court or other authority shall make arrangements for evidence relating to that matter to be heard in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter.
 (a)	subsection (2), (3)(e) or (9) to the extent that the law in question makes reasonable provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings;
 (b)	subsection (3)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
 (c)	subsection (3)(e) to the extent that the law in question imposes reasonable conditions which must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
 (d)	subsection (6) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the appropriate disciplinary law, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law; or
 (e)	subsection (8) to the extent that the law in question authorises a court, where the person who is being tried refuses without just cause to answer any question put to him, to draw such inferences from that refusal as are proper and to treat that refusal, on the basis of such inferences, as evidence corroborating any other evidence given against that person.
 (14)	In the case of a person who is held in lawful detention, the provisions of subsection (2) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention, save that the case of such person shall be afforded a fair hearing within a reasonable time, and the person or authority conducting the trial shall be regarded as a court for the purposes of this section.
 (a)	the fact that a member of the court has an interest in the proceedings because of his position in the tribal society; or
 (b)	the traditional or customary tribal practices and procedures.
-Article 19	Protection of freedom of conscience
+'''Article 19	Protection of freedom of conscience'''
 (1)	Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of conscience, that is to say, freedom of thought and of religion, freedom to change his religion or belief, and freedom, whether alone or in community with others, and whether in public or in private, to manifest and propagate his religion or belief through worship, teaching, practice and observance.
 (2)	Except with his own consent or, if he is a minor, the consent of his parent or guardian, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
 (3)	No religious community shall be prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not that community is in receipt of any subsidy, grant or other form of financial assistance from the State.
 (4)	No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
 (a)	in the interests of defence, public safety, public order, public morality or public health;
 (b)	for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief; or
 (c)	with respect to standards or qualifications to be required in relation to places of education, including any instruction, not being religious instruction, given at such places;
 except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (6)	References in this section to a religion shall be construed as including references to a religious denomination and cognate expressions shall be construed accordingly.
-Article 20	Protection of freedom of expression
+'''Article 20	Protection of freedom of expression'''
 (1)	Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
 (a)	in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health;
 (i)	protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
 (ii)	preventing the disclosure of information received in confidence;
 (iii)	maintaining the authority and independence of the courts or tribunals or Parliament;
 (Subparagraph as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 (iv)	regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating any monopoly in these fields;
 (v)	in the case of correspondence, preventing the unlawful dispatch therewith of other matter;
 or
 (c)	that imposes restrictions upon public officers;
 except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (3)	No religious denomination and no person or group of persons shall be prevented from establishing and maintaining schools, whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.
 (a)	in the interests of defence, public safety, public order, public morality, public health or town and country planning; or
 (b)	for regulating such schools in the interests of persons receiving instruction therein;
 except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (5)	No person shall be prevented from sending to any school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the State.
 (6)	The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of expression in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
-Article 21	Protection of freedom of assembly and association
+'''Article 21	Protection of freedom of assembly and association'''
 (1)	Except with his own consent or by way of parental discipline, no person shall be hindered in his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or trade unions or other associations for the protection of his interests.
 (2)	The freedom referred to in subsection (1) shall include the right not to be compelled to belong to an association.
 (a)	in the interests of defence, public safety, public order, public morality or public health;
 (b)	for the purpose of protecting the rights or freedom of other persons;
 (c)	for the registration of companies, partnerships, societies or other associations of persons, other than political parties, trade unions or employers' organisations; or
 (d)	that imposes restrictions upon public officers;
 except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (4)	The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of assembly or association in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
-Article 22	Protection of freedom of movement
+'''Article 22	Protection of freedom of movement'''
 (1)	No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
 (2)	Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be in contravention of subsection (1).
 (a)	for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in the interests of defence, public safety, public order, public morality or public health;
 (b)	for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;
 (i)	in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;
 (ii)	for proceedings relating to his extradition or lawful removal from Zimbabwe; or
 (iii)	for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;
 (i)	the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe; or
 (ii)	excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe;
 whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe;
 (Paragraph as substituted by s.8(1) of Act No.14 of 1996 - Amdmt No.14. s.8(2) of Act No.14 of 1996 provides that nothing in s.8(1) "shall affect any right to reside or remain in Zimbabwe that accrued to any person before the commencement of the Act.")
 (e)	for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of the court or other adjudicating authority for the purposes of any civil proceedings; or
 (f)	for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being;
 (Paragraph as amended by s.23 of Act 23 of 1987 - Amdmt No.7)
 except, in the case of any provision referred to in paragraphs (a) to (e), so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (4)	The provisions of subsection (3)(a) shall not be construed as authorising a law to make provision for preventing any person from leaving Zimbabwe or excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe.
-Article 23	Protection from discrimination on the grounds of race, etc.
+'''Article 23	Protection from discrimination on the grounds of race, etc'''
 (a)	no law shall make any provision that is discriminatory either of itself or in its effect; and
 (b)	no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
 (a)	by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or
 (b)	by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first-mentioned description;
 and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour, creed or gender of the persons concerned.
 (Subsection as amended by s.9 of Act No.14 of 1996 - Amdmt No.14)
 (a)	adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
 (b)	the application of African customary law in any case involving Africans or an African and one or more persons who are not Africans where such persons have consented to the application of African customary law in that case;
 (c)	restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;
 (d)	qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed or gender, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body corporate established directly by or under an Act of Parliament for a public purpose;
 (Paragraph as amended by s.9 of Act No.14 of 1996 - Amdmt No.14)
 (e)	the appropriation of public revenues or other public funds; or
 (f)	the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land.
 (Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 (a)	anything that is expressly or by necessary implication authorised to be done by any provision of a law that is referred to in subsection (3); or
 (Paragraph as amended by s.9 of Act No.14 of 1996 - Amdmt No.14)
 (b)	the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law.
 (a)	gives effect to section 7(2) or any other provision of this Constitution; or
 (b)	takes due account of physiological differences between persons of different gender; or
 (c)	makes provision in the interests of defence, public safety or public morality;
 except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 (Subsection inserted by s.9 of Act No.14 of 1996 - Amdmt No.14)
-Article 24	Enforcement of protective provisions
+'''Article 24	Enforcement of protective provisions'''
 (1)	If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress.
 (Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 (2)	If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
 (Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 (3)	Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1).
 (Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 (a)	to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and
 (b)	to determine any question arising in the case of any person which is referred to it pursuant to subsection (2);
 and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights:
 Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.
 (Subsection as amended by s.20 of Act 23 of 1987 and by s.9 of Act 15 of 1990 - Amdmt No.10)
 (5)	If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section 16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be declared to be in contravention of the section concerned.
 (6)	If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-General shall be entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the Attorney-General shall have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.
 (7)	Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody under that law shall be entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for the lodging of such an appeal may have expired.
 (Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 (8)	A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section.
 (Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 (a)	of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and
 (b)	of subordinate courts in relation to references to the Supreme Court under subsection (2);
 including provision with respect to the time within which any application or reference shall or may be made or brought.
 (Subsection as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
-Article 25	Savings in the event of public emergencies
+'''Article 25	Savings in the event of public emergencies'''
 Notwithstanding the foregoing provisions of this Chapter, an Act of Parliament may in accordance with Schedule 2 derogate from certain provisions of the Declaration of Rights in respect of a period of public emergency or a period when a resolution under section 31J(6) is in effect.
 (Section as amended by s.20 of Act 23 of 1987 - Amdmt No.7)

Difference between revisions of "The Constitution of Zimbabwe"

Revision as of 10:14, 16 April 2010

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