CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005
(8) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(9) Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court
or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations.
[Subsection as amended by section 3 of Act 4 of 1993 - Amendment No. 12]
(10) Except in the case of a trial such as is referred to in subsection (14) or with
the agreement of all the parties thereto, all proceedings of every court and 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 twentyone 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;
Reissue
24
14th September, 2005
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