Zimbabwe 2013 Constitution (reviewed 2017)

SECOND SCHEDULE. LIMITATIONS ON RIGHTS DURING PUBLIC EMERGENCIES (Section 87)

1. Interpretation in First Schedule

In this Schedule–

• “detainee” means a person who is detained under an emergency law that provides for preventive detention;
  
  “emergency law” means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency;

  “fundamental human right or freedom” means a right or freedom set out in Part 2 of Chapter 4;

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  “review tribunal” means the tribunal referred to in paragraph 3(1).

2. Extent to which fundamental human rights or freedoms may be limited

1. An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87.
2. If a state of public emergency is declared under section 113 in relation to only a part of Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this Schedule in any other part of Zimbabwe.

3. Detainees Review Tribunal

1. An emergency law that permits preventive detention must provide for the establishment of a tribunal to review the cases of detainees.
2. The review tribunal must be appointed by the President on the advice of the Judicial Service Commission and after consultation with the Committee on Standing Rules and Orders.
3. The review tribunal must consist of–
   1. a chairman, who is or has been a judge; and
   2. two other members, one of whom–
      1. is or has been a judge or is qualified to be appointed as such;
      2. has been a magistrate in Zimbabwe for at least seven years; or
      3. has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe.

4. Basic rights of detainees

1. All detainees–
   1. must be informed as soon as reasonably practicable, and in any case within seven days, of the reasons for their detention;
   2. must be permitted without delay–
      1. at their own expense, to choose and consult in private with a legal practitioner; or
      2. if they wish, to consult in private with a legal practitioner assigned to them by the State at State expense;

      and must be informed as soon as reasonably practicable of their rights under this paragraph; and

   3. must be treated humanely and with respect for their inherent dignity as human beings.
2. Where this paragraph requires information to be given to a detainee–
   1. the information must be given in a language that the detainee understands; and
   2. if the detainee cannot read or write, any document embodying the information must be explained in such a way that he or she understands it.

5. Review of detainees’ cases

1. Every detainee’s case must be submitted to the review tribunal within ten days after his or her initial detention and the tribunal must be informed of the name of the detainee, the place where he or she is detained and the reasons for the detention.
2. Every detainee’s case must be resubmitted to the review tribunal at intervals of thirty days from the date on which the case was last reviewed, or at shorter intervals if the tribunal so orders.
3. The review tribunal must proceed without delay to review all cases submitted to it.
4. At all hearings by the review tribunal, the detainees whose cases are being reviewed must be allowed to present their cases in person or, if they wish–
   1. through legal practitioners assigned to them by the State at State expense; or
   2. at their own expense, through legal practitioners of their choice.
5. The reference in subparagraph (1) to a ten-day period includes a reference to lesser periods of detention that amount to ten days, in the case of a detainee who is released within ten days after being initially detained and is then re-detained within ten days after that release.

6. Recommendations of review tribunal

After reviewing a detainee’s case, the review tribunal must make written recommendations to the authority that ordered the detention as to whether or not the detainee should continue to be detained, and the authority must act in accordance with the tribunal’s recommendation.

7. Released detainees not to be re-detained on same grounds

1. A detainee who has been released from detention as a result of a report of the review tribunal that there is insufficient cause for the detention must not be detained again on substantially the same grounds as those on which he or she was originally detained.
2. For the purposes of this paragraph, a person is deemed to have been detained on the same grounds as those on which he or she was originally detained unless the review tribunal has reported that, in its opinion, there appear to be new and reasonable grounds for the detention.

8. Preservation of detainees’ access to courts

This Schedule is not to be construed as limiting a detainee’s right to challenge in a court the lawfulness of his or her detention, whether or not his or her case is already before the review tribunal.