constituteproject.org PDF generated: 26 Sep 2013, 21:48 69 Right to a fair hearing (1) Every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court. (2) In the determination of civil rights and obligations, every person has a right to a fair, speedy and public hearing within a reasonable time before an independent and impartial court, tribunal or other forum established by law. (3) Every person has the right of access to the courts, or to some other tribunal or forum established by law for the resolution of any dispute. (4) Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum. 70 Rights of accused persons (1) Any person accused of an offence has the following rights-(a) to be presumed innocent until proved guilty; (b) to be informed promptly of the charge, in sufficient detail to enable them to answer it; (c) to be given adequate time and facilities to prepare a defence; (d) to choose a legal practitioner and, at their own expense, to be represented by that legal practitioner; (e) to be represented by a legal practitioner assigned by the State and at State expense, if substantial injustice would otherwise result; (f) to be informed promptly of the rights conferred by paragraphs (d) and (e); (g) to be present when being tried; (h) to adduce and challenge evidence; (i) to remain silent and not to testify or be compelled to give self-incriminating evidence; (j) to have the proceedings of the trial interpreted into a language that they understand; (k) not to be convicted of an act or omission that was not an offence when it took place; (l) not to be convicted of an act or omission that is no longer an offence; (m) not to be tried for an offence in respect of an act or omission for which they have previously been pardoned or either acquitted or convicted on the merits; (n) to be sentenced to the lesser of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing. (2) Where this section requires information to be given to a person-(a) the information must be given in a language the person understands; and (b) if the person cannot read or write, any document embodying the information must be explained in such a way that the person understands it. Zimbabwe 2013 Page 26