(2) Where a court declares that a law or administrative act is invalid on the ground that it infringes or is likely to infringe a right or freedom set out in Part II, the court may make either or both the following orders (a) limiting the retrospective effect of the declaration of invalidity; or (b) suspending the declaration of invalidity for any period and on any conditions, to allow the competent authority to correct the defect; if the court considers it just and equitable to do so. (3) Where a court, other than the Constitutional Court, has declared that a law or administrative act is invalid on the ground that it infringes or is likely to infringe a right or freedom set out in Part II, any person with sufficient interest may appeal to the Constitutional Court to confirm or vary the declaration or any order made in connection with the declaration. (4) A written law may fix reasonable time-limits within which appeals must be made to the Constitutional Court under subsection (3). 68 Right of Attorney-General to be heard in constitutional cases (1) If an issue arises in legal proceedings as to whether or not a law infringes a right or freedom set out in Part II, the Attorney-General is entitled to– (a) be heard by the court on that issue; and (b) appeal to the Constitutional Court against the decision, if the court decides that the law or action does infringe a right or freedom set out in Part II. (2) The Attorney-General may exercise his or her right of appeal under subsection (1)(b) even if he or she did not appear in the proceedings concerned. 69 Right of Minister to make representations in certain constitutional cases A court must not decide that a law infringes a right or freedom set out in Part II on the ground that the law is not reasonable or justifiable in an open and democratic society based on human dignity, equality and freedom, unless the court has given the Minister responsible for that law a reasonable opportunity to make representations on the issue. 70 Right of persons detained under law declared unconstitutional If a competent court has declared that a law infringes a right or freedom set out in Part II, anyone detained by virtue of that law may apply as of right to the Constitutional Court for a decision on whether or not their continued detention is valid, and they may make such an application whether or not they are entitled to appeal against their detention under any other law. CHAPTER IV CITIZENSHIP 71 Zimbabwean citizenship (1) There is a common Zimbabwean citizenship and all citizens are equal, that is to say citizens are entitled, subject to this Constitution, to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship. (2) It is the duty of every Zimbabwean citizen– (a) to observe this Constitution and to respect its ideals and institutions; - 38 -