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