CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained which, though
not required in consequence of the sentence or order of a court—
(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or
(ii) is reasonably required for the purposes referred to in section 13(2)(f)
or (h);
(c) any labour required of a member of a disciplined force in pursuance of his
duties as such or any labour required of any person by virtue of a written
law in place of service as a member of such force;
(d) any labour required by way of parental discipline; or
(e) any labour required by virtue of a written law during a period of public
emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community, to the extent that the requiring
of such labour is reasonably justifiable in the circumstances of any situation
arising or existing during that period or as a result of that other emergency
or disaster, for the purpose of dealing with that situation.
15 Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
(2) No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has been lawfully detained shall be
held to be in contravention of subsection (1) on the ground that it is degrading.
(3) No moderate corporal punishment inflicted—
(a) in appropriate circumstances upon a person under the age of eighteen years
by his parent or guardian or by someone in loco parentis or in whom are
vested any of the powers of his parent or guardian; or
(b) in execution of the judgment or order of a court, upon a male person under
the age of eighteen years as a penalty for breach of any law;
shall be held to be in contravention of subsection (1) on the ground that it is inhuman
or degrading.
[Subsection as inserted by section 5 of Act 30 of 1990 - Amendment No. 11]
(4) The execution of a person who has been sentenced to death by a competent
court in respect of a criminal offence of which he has been convicted shall not be held
to be in contravention of subsection (1) solely on the ground that the execution is
carried out in the manner prescribed in section 315(2) of the Criminal Procedure and
Evidence Act [Chapter 59] as that section existed on the 1st October, 1990.
[Subsection as inserted by section 5 of Act 30 of 1990 - Amendment No. 11. As at the 1st October, 1990,
section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59 of 1974] provided that “where
sentence of death is carried out, the person sentenced shall be hanged by the neck until he is dead”.]
(5) Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been convicted, shall not be held to be a
contravention of subsection (1).
Reissue
13
14th September, 2005
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