CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
2
Preventive detention
(1) Where a person is detained under any law providing for preventive detention—
(a) he shall be informed as soon as reasonably practicable after the commencement of the detention, and in any case not later than seven days
thereafter, in a language that he understands of the reasons for his detention and shall be permitted at his own expense to obtain and instruct without delay a legal representative of his own choice and to hold
communication with him;
(b) his case shall be submitted not later than fourteen days (or during a period
of public emergency thirty days) after the commencement of the detention
for
review by a tribunal established under subparagraph (4) and shall be
reviewed by such tribunal forthwith; and thereafter his case shall be reviewed by such tribunal at intervals of thirty days (or during a period of public emergency one hundred and eighty days) from the date on which his case
was last reviewed;
(c) at the hearing of his case by the tribunal he shall be permitted to appear in
person or at his own expense by a legal representative of his own choice;
and
(d) if the tribunal orders, either because he satisfies the tribunal that new
circumstances have arisen or because the tribunal considers it to be desirable, that his case should be submitted to the tribunal for review before the
expiration of thirty days (or during a period of public emergency one hundred and eighty days) from the previous review, the case shall be submitted
for review when so ordered by the tribunal.
(2) On any such review, the tribunal may make recommendations concerning the
necessity or expedience of continuing the detention to the authority by which it was
ordered and that authority shall be obliged to act in accordance with any such recommendation unless, during a period of public emergency, the President otherwise
directs; and where the President so directs, the authority shall cause to be published
in the Gazette a notice that he has so directed.
(3) A person who has been detained under any law providing for preventive detention and who has been released from detention in consequence of a report of a
tribunal established under subparagraph (4) that there is, in its opinion, insufficient
cause for his detention shall not again be detained by virtue of such law within the
period of one hundred and eighty days from his release on the same grounds as those
on which he was originally detained.
(4) A tribunal for the purposes of this paragraph shall be established by law and
shall consist of—
(a) a chairman, who shall be a person who is or has been a judge of the Supreme Court or the High Court or is qualified under section 82 to be appointed as such; and
(b) two other persons, one of whom—
(i) is or has been a judge of the Supreme Court or the High Court or is
qualified under section 82 to be appointed as such;
(ii) has been a magistrate in Zimbabwe for not less than seven years; or
Consolidation
98
14th September, 2005
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