constituteproject.org PDF generated: 26 Sep 2013, 21:48 PART 5 LIMITATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 86 Limitation of rights and freedoms (1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons. (2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including-(a) the nature of the right or freedom concerned; (b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others; (e) the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and (f) whether there are any less restrictive means of achieving the purpose of the limitation. (3) No law may limit the following rights enshrined in this Chapter, and no person may violate them-(a) the right to life, except to the extent specified in section 48; (b) the right to human dignity; (c) the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment; (d) the right not to be placed in slavery or servitude; (e) the right to a fair trial; (f) the right to obtain an order of habeas corpus as provided in section 50(7)(a). 87 Limitations during public emergency (1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule. (2) A written law referred to in subsection (1) and any legislative measures taken under that law, must be published in the Gazette. (3) Any limitation which a written law referred to in subsection (1) imposes on a fundamental right or freedom set out in this Chapter must not be greater than is strictly required by the emergency. Zimbabwe 2013 Page 34