CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(3) Where a declaration under subsection (1)—
(a) is not approved by resolution under subsection (2), the President shall
forthwith, after Parliament has considered the resolution and failed to approve it or, if Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation in
the Gazette, revoke the declaration;
(b) is approved by resolution under subsection (2), the declaration shall, subject
to the provisions of subsection (4), continue in effect for a period of six
months beginning with the day of publication of the proclamation in the Gazette:
Provided that, where Parliament has in the resolution under subsection (2) specified that the declaration shall continue in effect for a period of less than six months,
the President shall, by proclamation in the Gazette, make provision that the declaration shall, subject to the provisions of subsection (4), be revoked on the expiration of
the period so specified.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(4) If Parliament resolves that it considers it expedient that a declaration under
subsection (1) should be continued for a further period not exceeding six months, the
President shall forthwith, by proclamation in the Gazette, extend the declaration for
such further period as may be so resolved.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(5) Notwithstanding any other provision of this section, Parliament may at any
time—
(a) resolve that a declaration under subsection (1) should be revoked; or
(b) whether in passing a resolution under subsection (2) or (4) or subsequently,
resolve that a declaration under subsection (1) should relate to such lesser
area as Parliament may specify;
and the President shall forthwith, by proclamation in the Gazette, revoke the declaration or provide that the declaration shall relate to such lesser area, as the case may
be.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(6) Without prejudice to the provisions of subsections (1) to (5), Parliament may
at any time resolve in relation to the whole of Zimbabwe or any part thereof that a
situation exists which—
(a) if allowed to continue, may lead to a state of public emergency; and
(b) may require the preventive detention of persons in the interests of defence,
public safety or public order.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(7) A resolution under subsection (6) shall, subject to the provisions of subsection
(8) and unless Parliament has specified that it shall have effect for a period of less
than one year, have effect for a period of one year beginning with the day on which it
is passed.
Consolidation
42
14th September, 2005
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