constituteproject.org PDF generated: 26 Sep 2013, 21:49 SECOND SCHEDULE LIMITATIONS ON RIGHTS DURING PUBLIC EMERGENCIES (Section 87) 1 Interpretation in First Schedule In this Schedule-• "detainee" means a person who is detained under an emergency law that provides for preventive detention; • "emergency law" means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency; • "fundamental human right or freedom" means a right or freedom set out in Part 2 of Chapter 4; • "review tribunal" means the tribunal referred to in paragraph 3(1). 2 Extent to which fundamental human rights or freedoms may be limited (1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87. (2) If a state of public emergency is declared under section 113 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. 3 Detainees Review Tribunal (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. Zimbabwe 2013 Page 148