constituteproject.org PDF generated: 26 Sep 2013, 21:48 (3) In any criminal trial, evidence that has been obtained in a manner that violates any provision of this Chapter must be excluded if the admission of the evidence would render the trial unfair or would otherwise be detrimental to the administration of justice or the public interest. (4) Any person who has been tried for an offence has the right, on payment of a reasonable fee prescribed by law, to be given a copy of the record of the proceedings within a reasonable time after judgment is delivered in the trial. (5) Any person who has been tried and convicted of an offence has the right, subject to reasonable restrictions that may be prescribed by law, to-(a) have the case reviewed by a higher court; or (b) appeal to a higher court against the conviction and sentence. 71 Property rights (1) In this section-• "pension benefit" means a pension, annuity, gratuity or similar allowance which is payable-(a) to any person from the Consolidated Revenue Fund; (b) in respect of a person's service with an employer; (c) in respect of a person's ill-health or injury; or (d) in respect of a person's retirement through age or ill-health or any other reason; • and includes a commutation of such a pension, annuity, gratuity or allowance and a refund of contributions paid towards such a pension, annuity, gratuity or allowance; • "property" means property of any description and any right or interest in property. (2) Subject to section 72, every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others. (3) Subject to this section and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied-(a) the deprivation is in terms of a law of general application; (b) the deprivation is necessary for any of the following reasons-(i) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or (ii) in order to develop or use that or any other property for a purpose beneficial to the community; (c) the law requires the acquiring authority-(i) to give reasonable notice of the intention to acquire the property to everyone whose interest or right in the property would be affected by the acquisition; (ii) to pay fair and adequate compensation for the acquisition before acquiring the property or within a reasonable time after the acquisition; and (iii) if the acquisition is contested, to apply to a competent court before acquiring the property, or not later than thirty days after the acquisition, for an order confirming the acquisition; (d) the law entitles any person whose property has been acquired to apply to a competent court for the prompt return of the property if the court does not confirm the acquisition; and Zimbabwe 2013 Page 27