silence without inferences being drawn, the right to be informed of their rights, to be released after 48 hours, and the right to be released on bail in the absence of “compelling reasons. In respect of trial Procedures, the right to prosecute criminal cases on behalf of the state, under section 258 of the new Constitution, has been transferred from the Attorney General to a new National Prosecuting Authority [NPA] headed by a Prosecutor-General.  Accused persons also have a right to legal aid under section 70(1) (e) and (f) of the new Constitution. Section 70(1) (i) of the Constitution confers the right to “remain silent and not to testify or be compelled to give self-incriminating evidence”.  This is an extension of the right to silence given to arrested persons under section 50. Under section 70(1) (l) of the new Constitution, accused persons cannot be convicted of conduct which has ceased to be criminal, which means that if a person commits a crime and the crime is subsequently abolished, the person cannot then be prosecuted for the crime. Under section 70(3) of the new Constitution, evidence that has been obtained in violation of the Declaration of Rights, e.g. through illegal searches or monitoring of communications in violation of section 57, must be excluded in criminal trials if allowing the evidence to be given would render the trials unfair or would be detrimental to the administration of justice or the public interest. In respect of sentence, section 48 of the new Constitution, the death penalty is restriced and can be imposed only for “murder committed in aggravating circumstances” [whatever that means], a court must have a discretion whether or not to impose it and only on men between the ages of 21 and 70. In respect of post-trial Rights, section 70(5) of the new Constitution gives convicted persons the right, “subject to reasonable restrictions prescribed by law”, to appeal to a higher court against conviction and sentence, contrary to section 36 of the High Court Act and section 11 of the Supreme Court Act which prohibit convicted persons from conducting their appeals in person, i.e. without a lawyer, unless a judge has certified that there are reasonable grounds for appeal.  Such a blanket restriction on the right of appeal can hardly be described as reasonable, in view of the fact that most people in Zimbabwe cannot afford to engage a lawyer. The above-recommended amendments should have been in place on the 22nd May, when the Declaration of Rights in the new Constitution came into force. Delay in effecting the amendments is not only prejudicial to accused persons but is also unfair to police officers, prosecutors and judicial officers who, when trying to carry out their duties in accordance with the law, unwittingly infringe the Constitution. Separation of the functions of the Attorney General and the Prosecution Authority On 13 November 2013, the government implemented the long overdue separation of the functions of the Attorney General and the National Prosecuting Authority (“NPA”). It further said, ‘this is a good practice that will allow for increased public scrutiny of, and accountability for, the actions of the prosecutorial authority’2. The new Constitution of Zimbabwe sets out a clear procedure for the appointment of a ProsecutorGeneral. It includes advertising the post, allowing public nominations, and requiring public interviews of prospective candidates. This enhances the transparency of the appointment process, whilst contributing to ensuring the credibility and professionalism of the nominees through scrutiny of their record of service and past conduct’. Mr. Johannes Tomana was sworn in as the Prosecutor-General (the head of the NPA) on Wednesday 13 November 2013. By operation of transitional provisions in the Sixth Schedule of the Constitution, the current Attorney General becomes the Prosecutor General without operation of the previously outlined requirements. Mr. Tomana has therefore been saved and shielded from the constitutionally mandated process of public scrutiny, which is regrettable. It was nevertheless necessary to continue to monitor how the Prosecutor-General carries out his mandated functions as he is constitutionally obliged not to act in a partisan manner; not to further the 2 the Zimbabwe Lawyers for Human Rights (ZLHR) statement 3