CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
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 section 20 of Act 23 of 1987
and by section 9 of Act 15 of 1990 - Amendment 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 AttorneyGeneral 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 section 9 of Act 15 of 1990 - Amendment 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 section 13 of Act 25 of 1981 - Amendment No. 2]
(9) A written law may make provision with respect to the practice and procedure—
(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 section 13 of Act 25 of 1981 - Amendment No. 2]
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 Declara-
Consolidation
32
14th September, 2005
Select target paragraph3
Add to table of contents