CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
(13) Nothing contained in or done under the authority of any law shall be held to
be in contravention of—
(a) subsection (2), (3)(e) or (9) to the extent that the law in question makes
reasonable provision relating to the grounds of privilege or public policy on
which evidence shall not be disclosed or witnesses are not competent or
cannot be compelled to give evidence in any proceedings;
(b) subsection (3)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
(c) subsection (3)(e) to the extent that the law in question imposes reasonable
conditions which must be satisfied if witnesses called to testify on behalf of
an accused person are to be paid their expenses out of public funds;
(d) subsection (6) to the extent that the law in question authorizes a court to try
a member of a disciplined force for a criminal offence notwithstanding any
trial and conviction or acquittal of that member under the appropriate disciplinary law, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law; or
(e) subsection (8) to the extent that the law in question authorizes a court,
where the person who is being tried refuses without just cause to answer
any question put to him, to draw such inferences from that refusal as are
proper and to treat that refusal, on the basis of such inferences, as evidence
corroborating any other evidence given against that person.
(14) In the case of a person who is held in lawful detention, the provisions of subsection (2) shall not apply in relation to his trial for a criminal offence under the law
regulating the discipline of persons held in such detention, save that the case of such
person shall be afforded a fair hearing within a reasonable time, and the person or
authority conducting the trial shall be regarded as a court for the purposes of this
section.
(15) For the purposes of this section, a local court shall not be regarded as not
being an independent and impartial court by reason of—
(a) the fact that a member of the court has an interest in the proceedings
because of his position in the tribal society; or
(b) the traditional or customary tribal practices and procedures.
19 Protection of freedom of conscience
(1) Except with his own consent or by way of parental discipline, no person shall
be hindered in the enjoyment of his freedom of conscience, that is to say, freedom of
thought and of religion, freedom to change his religion or belief, and freedom,
whether alone or in community with others, and whether in public or in private, to
manifest and propagate his religion or belief through worship, teaching, practice and
observance.
(2) Except with his own consent or, if he is a minor, the consent of his parent or
guardian, no person attending any place of education shall be required to receive
religious instruction or to take part in or attend any religious ceremony or observance
if that instruction, ceremony or observance relates to a religion other than his own.
Consolidation
25
1st October, 2005
Select target paragraph3
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