(2) For the purpose of enabling the accused to avail himself of the right conferred by subsection (1), the
names of the members of the court shall be read over in the presence of the accused before they are sworn in and
he shall be asked whether he objects to any of those officers.
(3) Every objection ma de by an accused to any officer shall be considered by the other officers appointed
members of the court.
(4) If objection is made to the president and not less than one -third of the other members of the court allow it,
the court shall adjourn and the convening officer shall appoint another president.
(5) If objection is made to a member of the court other than the president and not less than one -half of the
other members of the court allow it, the member of the court objected to shall retire and the vacancy may and, if
the number of members of the court would otherwise be reduced below the prescribed minimum, shall be filled in
the prescribed manner by another officer.
54 Accused of unsound mind
(1) In this section—
“mentally disordered or defective person” shall have the meaning assigned to it in section 2 of the Mental
Health Act [Chapter 15:06].
(2) Where an accused who is—
(a) awaiting trial; or
(b) being tried;
by a military court is detained by order of a magistrate in an institution or other place in terms of section 12 of the
Mental Health Act [Chapter 15:06], the charge may, in the discretion of the Commander, be withdrawn or be
proceeded with if the accused is released from the operation of that Act and regulations made thereunder and is fit
to stand his trial.
(3) Where it appears to a military court that an accused who is —
(a) awaiting trial; or
(b) being tried;
by that court in Zimbabwe is a mentally disordered or defective person, the court shall order the accused to be
taken before a magistrate as soon as reasonably possible and the provisions of section 12 of the Mental Health Act
[Chapter 15:06], shall thereafter apply, mutatis mutandis, as though the accused had been brought before the
magistrate in terms of subsection (1) of that section.
(4) If the magistrate declines to issue an order in terms of subsection (2) of section 12 of the Mental Health
Act [Chapter 15:06] in respect of an accused referred to in subsection (3), the accused shall be tried or continue to
be tried as if no order in terms of subsection (3) had been made.
(5) Where it appears to a military court that an accused who is —
(a) awaiting trial; or
(b) being tried;
by that court outside Zimbabwe is a mentally disordered or defective person, the court shall order the detention of
the accused in a hospital, prison or other suitable place until he can be removed to Zimbabwe to be dealt with in
terms of the Mental Health Act [Chapter 15:06] or until he recovers and is fit to stand trial, whichever is the
sooner.
(6) If it appears to a military court that the accused did the act or omission charged against him but was a
mentally disordered or defective person at the time that the act was done or the omission was made so as not to be
responsible according to law for his actions, the military court shall return a special verdict to the effect that the
accused is guilty of the act or omission charged but was mentally disordered or defective when he did the act or
made the omission:
Provided that the court shall not return a special verdict in terms of this subsection without hearing medical
evidence.
(7) Where a special verdict is returned in terms of subsection (6), the military court shall order that the accused be kept in custody in a civil prison.
(8) An order made in terms of subsection (7) shall be deemed to have been made by a magistrate in terms of
subsection (1) of section 28 of the Mental Health Act [ Chapter 15:06] and that Act shall thereafter apply, mutatis
mutandis.
(9) Where there is doubt whether an accused is a mentally disordered or defective person during a trial before
a military court, the court shall, unless the exigencies of the circumstances demand otherwise, order the examination of the accused by two medical officers and shall hear the evidence of such medical officers on the question.
(10) A prescribed officer may issue a warrant for the removal to and custody in any detention barracks or
civil prison of any member in respect of whom an order in terms of subsection (3), (5) or (7) is made for the
purposes of complying with that order.
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