Schs. 2–3
CONSTITUTION OF ZIMBABWE
review by a tribunal established under subparagraph (4) and shall be reviewed by such tribunal forthwith; and thereafter his case shall
be reviewed by such tribunal at intervals of
thirty days (or during a period of public emergency one hundred and eighty days) from the
date on which his case was last reviewed;
(c) at the hearing of his case by the tribunal he
shall be permitted to appear in person or at his
own expense by a legal representative of his
own choice; and
(d) if the tribunal orders, either because he
satisfies the tribunal that new circumstances
have arisen or because the tribunal considers it
to be desirable, that his case should be submitted to the tribunal for review before the expiration of thirty days (or during a period of public
emergency one hundred and eighty days) from
the previous review, the case shall be submitted for review when so ordered by the tribunal.
(2) On any such review, the tribunal may make
recommendations concerning the necessity or
expedience of continuing the detention to the authority by which it was ordered and that authority shall be
obliged to act in accordance with any such recommendation unless, during a period of public emergency, the President otherwise directs; and where the
President so directs, the authority shall cause to be
published in the Gazette a notice that he has so
directed.
(3) A person who has been detained under any law
providing for preventive detention and who has been
released from detention in consequence of a report of
a tribunal established under subparagraph (4) that
there is, in its opinion, insufficient cause for his
detention shall not again be detained by virtue of such
law within the period of one hundred and eighty days
from his release on the same grounds as those on
which he was originally detained.
(4) A tribunal for the purposes of this paragraph
shall be established by law and shall consist of—
(a) a chairman, who shall be a person who is or
has been a judge of the Supreme Court or the
High Court or is qualified under section 82 to
be appointed as such; and
(b) two other persons, one of whom—
(i) is or has been a judge of the Supreme
Court or the High Court or is qualified
under section 82 to be appointed as such;
(ii) has been a magistrate in Zimbabwe for
not less than seven years; or
(iii) is and has been for not less than seven
years, whether continuously or not, qualified to practise as a legal practitioner in
Zimbabwe.
31J(6) is in effect shall authorize the detention of a
person for a period longer than fourteen days unless
the Minister designated for the purpose has issued an
order providing for the preventive detention of that
person.
[Subparagraph as amended by section 20 of Act 23 of 1987]
[Subparagraph as amended by sections 11 and 13 of Act 25
of 1981]
(4a) In computing, for the purposes of subparagraph (4) (b) (iii), the period during which any
person has been qualified to practise as a legal
practitioner in Zimbabwe, any period during which he
was qualified to practise as an advocate or attorney in
Zimbabwe shall be included.
[Subparagraph as inserted by section 11 of Act 25 of 1981]
(5) No law providing for preventive detention
during a period when a resolution under section
78
Select target paragraph3
Add to table of contents