Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
(2) Nothing contained in any law shall be held to be in contravention of section 13
to the extent that the law in question provides for preventive detention, during a period
when a resolution under section 31J(6) is in effect, in the interests of defence, public
safety or public order, and nothing done by any person under the authority of any such
law shall be held to be in contravention of section 13 unless it is shown that the action
taken exceeded anything which, having due regard to the circumstances prevailing at
the time, could reasonably have been thought to be required for the purpose of dealing
with the situation.
[Subparagraph as amended by section 20 of Act 23 of 1987 – Amendment No. 7]
(3) Where a declaration under section 31J(1) or a resolution under section 31J(6)
applies only in relation to a part of Zimbabwe, the law in question shall not provide for
the taking of action or for preventive detention, as the case may be, in relation to any
place outside that part.
[Subparagraph as amended by section 20 of Act 23 of 1987 – Amendment No. 7]
2
Preventive detention
(1) Where a person is detained under any law providing for preventive
detention—
(a) he shall be informed as soon as reasonably practicable after the
commencement of the detention, and in any case not later than seven days
thereafter, in a language that he understands of the reasons for his detention
and shall be permitted at his own expense to obtain and instruct without
delay a legal representative of his own choice and to hold communication
with him;
(b) his case shall be submitted not later than fourteen days (or during a period of
public emergency thirty days) after the commencement of the detention for
review by a tribunal established under subparagraph (4) and shall be
reviewed by such tribunal forthwith; and thereafter his case shall be
reviewed by such tribunal at intervals of thirty days (or during a period of
public emergency one hundred and eighty days) from the date on which his
case was last reviewed;
(c) at the hearing of his case by the tribunal he shall be permitted to appear in
person or at his own expense by a legal representative of his own choice;
and
(d) if the tribunal orders, either because he satisfies the tribunal that new
circumstances have arisen or because the tribunal considers it to be desirable,
that his case should be submitted to the tribunal for review before the
expiration of thirty days (or during a period of public emergency one hundred
and eighty days) from the previous review, the case shall be submitted for
review when so ordered by the tribunal.
(2) On any such review, the tribunal may make recommendations concerning the
necessity or expedience of continuing the detention to the authority by which it was
ordered and that authority shall be obliged to act in accordance with any such
recommendation unless, during a period of public emergency, the President otherwise
directs; and where the President so directs, the authority shall cause to be published in
the Gazette a notice that he has so directed.
(3) A person who has been detained under any law providing for preventive
detention and who has been released from detention in consequence of a report of a
tribunal established under subparagraph (4) that there is, in its opinion, insufficient
cause for his detention shall not again be detained by virtue of such law within the
period of one hundred and eighty days from his release on the same grounds as those
on which he was originally detained.
(4) A tribunal for the purposes of this paragraph shall be established by law and
shall consist of—
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