ss 23–24
CONSTITUTION OF ZIMBABWE
exercised his right to be heard in those proceedings,
the Attorney-General shall have the like right with
respect to an appeal from that determination as if he
had been a party to the proceedings.
(7) Where any law is held by a competent court to
be in contravention of the Declaration of Rights, any
person detained in custody under that law shall be
entitled as of right to make an application to the
Supreme Court for the purpose of questioning the
validity of his further detention, notwithstanding that
he may have previously appealed against his conviction or sentence or that any time prescribed for the
lodging of such an appeal may have expired.
[Subsection as amended by section 9 of Act 15 of 1990]
[Paragraph repealed by section 20 of Act 23 of 1987]
(c)
(8) A written law may confer upon the Supreme
Court powers additional to those conferred by this
section for the purpose of enabling the Supreme
Court more effectively to exercise the jurisdiction
conferred upon it by this section.
[Subsection as amended by section 13 of Act 25 of 1981]
(9) A written law may make provision with respect
to the practice and procedure—
(a) of the Supreme Court in relation to the
jurisdiction and powers conferred upon it by or
under this section; and
(b) of subordinate courts in relation to references
to the Supreme Court under subsection (2);
including provision with respect to the time within
which any application or reference shall or may be
made or brought.
[Paragraph repealed by section 20 of Act 23 of 1987]
[Subsection as amended by section 13 of Act 25 of 1981]
25 Savings in the event of public emergencies
Notwithstanding the foregoing provisions of this
Chapter, an Act of Parliament may in accordance
with Schedule 2 derogate from certain provisions of
the Declaration of Rights in respect of a period of
public emergency or a period when a resolution under
section 31J(6) is in effect.
[Section as amended by section 20 of Act 23 of 1987]
26 Interpretation and other savings
(1) In this Chapter, unless the context otherwise
requires—
“child” includes a stepchild and a lawfully adopted
child and “parent” and cognate expressions shall be
construed accordingly;
“court” means any court of law in Zimbabwe,
including a tribal court, but does not, except for the
purposes of section 12 or 14, include a court established by or under a disciplinary law;
“legal representative” means a legal practitioner
who is lawfully in Zimbabwe;
(d)
[Paragraph repealed by section 20 of Act 23 of 1987]
[Definition as substituted by section 20 of Act 23 of 1987]
“parental discipline” includes school or other
quasi-parental discipline.
(2) Subject to the provisions of subsection (3),
nothing contained in or done under the authority of
any written law shall be held to be in contravention of
the Declaration of Rights to the extent that the law in
question—
(a) is a law with respect to which the requirements
of section 52 were applicable and were compiled with;
(b)
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