(3)
No Act of Parliament authorizing a declaration of a state of emergency and no legislation
enacted or other action taken in consequence of such declaration may permit or authorize:
(a)
the granting of immunity, indemnity or amnesty in respect of unlawful acts
committed during the state of emergency;
(b)
the derogation from or limitation or restriction of the following rights
(i) the right to life;
(ii) the right not to be tortured or subjected to inhuman or degrading
punishment or treatment;
(iii) the right to human dignity;
(iv) the right not to be placed in slavery.
Part 2
THE RIGHTS
14.
Right to life
(1)
Everyone has the right to life.
(2)
Subject to sub-section 3 of this section, no law may prescribe death as a competent
sentence and no executions may take place in Zimbabwe.
(3)
Parliament may pass a law that provides for the imposition of the death penalty upon the
perpetrators of the most heinous murders.
(a)
This law may only be passed after public debate about which types of murder
should attract the death penalty.
(b)
This law must clearly and precisely define the aggravating circumstances that
must be present before the death penalty may be imposed and must lay down
procedures to ensure that all persons charged with murder receive fair trials, are
legally represented by competent and experienced legal practitioners and the
mental competence of the persons charged is fully investigated, and the Human
Rights Commission established in terms of this Constitution must certify that the
law properly sets out what it is required to contain.
(c)
After a period of one year from the commencement of this Constitution, the
Human Rights Commission, after consultation with the public, will decide
whether the death penalty will continue to be imposable for murder or should be
totally abolished and Parliament must act in accordance with the decision taken
by the Human Rights Commission.
(4)
The law must protect the life of the unborn child and a pregnancy may only be
lawfully terminated in accordance with strict provisions to be prescribed in an Act
of Parliament.
15.
Right to personal liberty
(1)
No one may be deprived of their personal liberty except according to law.
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