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(2) If a state of public emergency is declared under section 5.26 in relation to only a part of
Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this
Schedule in any other part of Zimbabwe.
Detainees Review Tribunal
3. (1) An emergency law that permits preventive detention must provide for the
establishment of a tribunal to review the cases of detainees.
(2) The review tribunal must be appointed by the President on the advice of the Judicial
Service Commission and after consultation with the Committee on Standing Rules and Orders.
(3) The review tribunal must consist of—
(a) a chairman, who is or has been a judge; and
(b) two other members, one of whom—
(i) is or has been a judge or is qualified to be appointed as such;
(ii) has been a magistrate in Zimbabwe for at least seven years; or
(iii) has been qualified for at least seven years to practise as a legal practitioner in
Zimbabwe.
Basic rights of detainees
4. (1) All detainees—
(a) must be informed as soon as reasonably practicable, and in any case within seven days,
of the reasons for their detention;
(b) must be permitted without delay—
(i) at their own expense, to choose and consult in private with a legal practitioner;
or
(ii) if they wish, to consult in private with a legal practitioner assigned to them by
the State at State expense;
and must be informed as soon as reasonably practicable of their rights under this
paragraph; and
(c) must be treated humanely and with respect for their inherent dignity as human beings.
(2) Where this paragraph requires information to be given to a detainee—
(a) the information must be given in a language that the detainee understands; and
(b) if the detainee cannot read or write, any document embodying the information must be
explained in such a way that he or she understands it.
Review of detainees’ cases
5. (1) Every detainee’s case must be submitted to the review tribunal within ten days after
his or her initial detention and the tribunal must be informed of the name of the detainee, the
place where he or she is detained and the reasons for the detention.
Select target paragraph3
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