(2) If a state of public emergency is declared under section 101 in relation to only a part of Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this Schedule in any other part of Zimbabwe. PART III PREVENTIVE DETENTION Detainees Review Tribunal 4. (1) An emergency law that permits preventive detention must provide for the establishment of a tribunal to review the cases of detainees. (2) The review tribunal must consist of— (a) a chairman, who is or has been a judge or is qualified to be appointed as such; and (b) two other members, one of whom(i) is or has been a judge or is qualified to be appointed as such; (ii) has been a magistrate in Zimbabwe for at least seven years; or (iii) has been qualified for at least seven years to practise as a legal practitioner. Basic rights of detainees 5. (1) All detainees— (a) must be informed as soon as reasonably practicable, and in any case within seven days, of the reasons for their detention; (b) must be permitted without delay(i) at their own expense, to choose and consult with a legal practitioner; or (ii) if they wish, to consult with a legal practitioner assigned to them by the State at State expense; (iii) to advise or inform a family member or friend about the detention; and must be informed as soon as reasonably practicable of their rights under this paragraph; and (c) must be treated with humanity and with respect for their inherent dignity as human beings. (2) Where this paragraph requires information to be given to a detainee— (a) the information must be given in a language that the detainee understands; and (b) if the detainee cannot read or write, any document embodying the information must be explained in such a way that he or she understands it. Review of detainees' cases (1) Every detainee's case must be submitted to the review tribunal within thirty days after his or her initial detention. (2) Every detainee's case must be resubmitted to the review tribunal at intervals of sixty days from the date on which the case was last reviewed, or at shorter intervals if the tribunal so orders. (3) The review tribunal must proceed without delay to review all cases submitted to it. (4) At all hearings by the review tribunal, the detainees whose cases are being reviewed must be allowed to present their cases in person or, if they wish— - 104 -

Select target paragraph3

Add to table of contents