(b) in the case of magistrates court, a fine not exceeding five hundred dollars or imprisonment for a period
not exceeding six months or both such fine and such imprisonment:
Provided that the punishment imposed shall not exceed the maximum penalty prescribed for that offence.
48 Courts martial
(1) Subject to this Act, a charge which is to be tried by court martial shall be tried by a general court martial,
a district court martial or a field general court martial.
(2) Subject to this Act, the constitution, functions, duties, powers, rules of procedure and jurisdiction of a
general court martial, a district court martial and a field general court martial shall be as prescribed.
49 Convening general court martial
(1) The President may—
(a) convene a general court martial; and
(b) appoint officers to constitute a general court martial; and
(c) as confirming authority, review and deal with the finding and sentence of any general court martial as in
section sixty-three and sixty-four is provided.
(2) The President may, subject to such restrictions, reservations, exceptions and conditions as he may think
fit, delegate all or any of the powers conferred upon him by subsection (1) to a qualified officer:
Provided that the President may not delegate the powers conferred upon him by paragraph (c) of subsection
(1) in relation to a sentence of death.
(3) Any delegation referred to in subsection (2) may be revoked by the President at any time and no such
delegation shall prevent the exercise of any power by the President.
(4) The revocation of any delegation in terms of subsection (3) shall not affect anything done under the delegation prior to its revocation.
50 Convening district court martial
(1) Any qualified officer who is authorized to convene a general court martial may—
(a) convene a district court martial; and
(b) appoint officers to constitute a district court martial; and
(c) as confirming authority, review and deal with the finding and sentence of any district court martial as in
sections sixty-three and sixty-four is provided.
(2) Any qualified officer referred to in subsection (1) may, subject to such restrictions, reservations, exceptions and conditions as he may think fit, delegate all or any of the powers conferred upon him by that subsection
to any other qualified officer under his command.
(3) Any delegation referred to in subsection (2) may be revoked by the qualified officer who made that delegation at any time and no such delegation shall prevent the exercise of any power by that qualified officer.
(4) The revocation of any delegation in terms of subsection (3) shall not affect anything done under the delegation prior to its revocation.
51 Place for sitting of courts martial and adjournment
(1) Subject to this section, a court martial shall sit at such place or places, whether inside or outside the limits
of the command of the convening officer, as may be specified in the order convening the court.
(2) A court martial sitting at any place may, if it appears to the court requisite in the interests of justice to do
so, adjourn for the purpose of sitting at some other place.
52 Courts martial to sit in open court in presence of accused
(1) Subject to this section, a court martial shall sit in open court and in the presence of the accused unless the
accused so conducts himself as to render the continuance of the proceedings in his presence impracticable, in
which event the court may order him to be removed and may direct the trial to continue in his absence.
(2) If it appears to a court martial that it is necessary or expedient in the interests of justice to do so, the court
may hold its proceedings in camera and, without prejudice to that power, a court martial may order that, subject to
any exceptions it may specify, the public be excluded from all or any part of the proceedings if it appears to the
court that any evidence to be given or statement to be made in the course of the proceedings or, as the case may
be, that part of the proceedings might otherwise lead to the disclosure of any information which would or might be
directly or indirectly prejudicial to the security of Zimbabwe.
(3) A court martial shall sit in closed court while deliberating on its finding or sentence on any charge.
(4) A court martial may sit in closed court on any other deliberation amongst the members.
(5) If a court sits in closed court, no person shall be present except the members of the court and such other
persons as may be prescribed.
53 Challenges by accused
(1) An accused who is about to be tried by a court martial shall be entitled to object on any reasonable
grounds to any member of the court, whether appointed originally or in place of another officer.
Select target paragraph3
Add to table of contents