CONSTITUTION OF ZIMBABWE
24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of
Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person
who is detained, if any other person alleges such a
contravention in relation to the detained person),
then, without prejudice to any other action with
respect to the same matter which is lawfully available,
that person (or that other person) may, subject to the
provisions of subsection (3), apply to the Supreme
Court for redress.
should not be declared to be in contravention of the
section concerned.
[Subsection as amended by section 9 of Act 15 of 1990]
(2) If in any proceedings in the High Court or in
any court subordinate to the High Court any question
arises as to the contravention of the Declaration of
Rights, the person presiding in that court may, and if
so requested by any party to the proceedings shall,
refer the question to the Supreme Court unless, in his
opinion, the raising of the question is merely frivolous
or vexatious.
[Subsection as amended by section 9 of Act 15 of 1990]
(3) Where in any proceedings such as are mentioned in subsection (2) any such question as is
therein mentioned is not referred to the Supreme
Court, then, without prejudice to the right to raise that
question on any appeal from the determination of the
court in those proceedings, no application for the
determination of that question shall lie to the Supreme
Court under subsection (1).
[Subsection as amended by section 13 of Act 25 of 1981]
(4) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by
any person pursuant to subsection (1) or to determine without a hearing any such application
which, in its opinion, is merely frivolous or
vexatious; and
(b) to determine any question arising in the case of
any person which is referred to it pursuant to
subsection (2);
and may make such orders, issue such writs and give
such directions as it may consider appropriate for the
purpose of enforcing or securing the enforcement of
the Declaration of Rights:
Provided that the Supreme Court may decline to
exercise its powers under this subsection if it is
satisfied that adequate means of redress for the
contravention alleged are or have been available to the
person concerned under other provisions of this
Constitution or under any other law.
[Subsection as amended by section 20 of Act 23 of 1987 and
by section 9 of Act 15 of 1990]
(5) If in any proceedings it is alleged that anything
contained in or done under the authority of any law is
in contravention of section 16, 17, 19, 20, 21 or 22
and the court decides, as a result of hearing the
parties, that the complainant has shown that the court
should not accept that the provision of the law
concerned is reasonably justifiable in a democratic
society on such of the grounds mentioned in section
16 (7), 17 (2), 19 (5), 20 (2) and (4), 21 (3) or
22 (3) (a) to (e), as the case may be, as are relied
upon by the other party without proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision
(6) If in any proceedings it falls to be determined
whether any law is in contravention of the Declaration of Rights, the Attorney-General shall be entitled
to be heard by the court on that question and if in any
such proceedings any law is determined by the court
to be in contravention of the Declaration of Rights,
then, whether or not he has
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