CONSTITUTION OF ZIMBABWE
pavement, side-walk, thoroughfare or similar place
which exists for the free passage of persons or
vehicles.
22 Protection of freedom of movement
(1) No person shall be deprived of his freedom of
movement, that is to say, the right to move freely
throughout Zimbabwe, the right to reside in any part
of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
(2) Any restriction on a person’s freedom of
movement that is involved in his lawful detention
shall not be held to be in contravention of subsection
(1).
(3) Nothing contained in or done under the authority of any law shall be held to in contravention of
subsection (1) to the extent that the law in question
makes provision—
(a) for the imposition of restrictions on the
freedom of movement of persons generally or
any class of persons that are required in the interests of defence, public safety, public order,
public morality or public health;
(b) for the imposition of restrictions on the
acquisition or use of land or other property in
Zimbabwe;
(c) for the imposition of restrictions by order of a
court on the movement or residence within
Zimbabwe of any person or on any person’s
right to leave Zimbabwe—
(i) in consequence of his having been found
guilty of a criminal offence under the law
of Zimbabwe or for the purpose of ensuring that he appears before a court for trial for such a criminal offence or for
proceedings preliminary to trial;
(ii) for proceedings relating to his extradition
or lawful removal from Zimbabwe; or
(iii) for the purpose of ensuring that he
appears before a court as a witness for
the purposes of any criminal proceedings;
(d) for the imposition of restrictions on the
movement or residence within Zimbabwe of
persons who are neither citizens of Zimbabwe
nor regarded by virtue of a written law as permanently resident in Zimbabwe or for excluding or expelling from Zimbabwe any person
who is not a citizen of Zimbabwe;
(e) for the imposition of restrictions by order of a
court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other
adjudicating authority as a party or a witness
or to secure the jurisdiction of the court or other adjudicating authority for the purposes of
any civil proceedings; or
(f)
for the imposition of restrictions on the
residence within Communal Land of persons
who are not tribespeople to the extent that such
restrictions are reasonably required for the protection of the interests of tribespeople or their
well-being;
[Paragraph as amended by section 23 of Act 23 of 1987]
except, in the case of any provision referred to in
paragraphs (a) to (e), so far as that provision or, as
the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a
democratic society.
(4) The provisions of subsection (3) (a) shall not
be construed as authorizing a law to make provision
for preventing any person from leaving Zimbabwe or
excluding or expelling from Zimbabwe any person
who is a citizen of Zimbabwe.
25
ss 20–22
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