Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
proceedings for the determination of the existence or extent of any civil right or
obligation before any other adjudicating authority, including the announcement of
the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent—
(a) the court or other adjudicating authority from excluding from the
proceedings, except the announcement of its decision, persons other than
the parties thereto and their legal representatives to such extent as the
court or other authority—
(i) may by law be empowered so to do and may consider necessary or
expedient in circumstances where publicity would prejudice the
interests of justice, or in interlocutory proceedings, or in the
interests of public morality, the welfare of persons under the age
of twenty-one years or the protection of the private lives of
persons concerned in the proceedings; or
(ii) may by law be empowered or required so to do in the interests of
defence, public safety, public order or the economic interests of
the State;
or
(b) the court from excluding from proceedings preliminary to trial in respect
of a criminal offence persons other than the accused person and his legal
representative when so required by law, unless the accused person
otherwise requests.
(12) Notwithstanding anything contained in subsection (4), (10) or (11), if in
any proceedings before such court or other adjudicating authority as is referred to
in subsection (2) or (9), including any proceedings by virtue of section 24, a
certificate in writing is produced to the court or other authority signed by a
Minister that it would not be in the public interest for any matter to be publicly
disclosed, the court or other authority shall make arrangements for evidence
relating to that matter to be heard in camera and shall take such other action as
may be necessary or expedient to prevent the disclosure of that matter.
(13) Nothing contained in or done under the authority of any law shall be held
to be in contravention of—
(a) subsection (2), (3)(e) or (9) to the extent that the law in question makes
reasonable provision relating to the grounds of privilege or public policy
on which evidence shall not be disclosed or witnesses are not competent
or cannot be compelled to give evidence in any proceedings;
(b) subsection (3)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
(c) subsection (3)(e) to the extent that the law in question imposes reasonable
conditions which must be satisfied if witnesses called to testify on behalf
of an accused person are to be paid their expenses out of public funds;
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