not to be regarded as a conviction for the purposes of this Constitution or any other law in force in Zimbabwe. 101 Public emergencies (1) The President may by proclamation in the Gazette declare that a state of public emergency exists in the whole or any part of Zimbabwe. (2) A declaration of a state of public emergency ceases to have effect after fourteen days beginning with the day of publication of the proclamation in the Gazette unless, before the end of that period, the declaration is approved by at least two-thirds of all the Members of Parliament at a joint sitting of the Senate and the National Assembly. (3) Unless it is revoked or ceases to have effect under this section, a declaration of a state of public emergency remains in effect for three months from the date on which the proclamation was published in the Gazette. (4) If a declaration of a state of public emergency is not approved after consideration by Parliament, or if for any reason it is not considered by Parliament within the period specified in this section, the President must, within seven days, by proclamation in the Gazette, revoke the declaration. (5) If by a resolution passed by a joint sitting of the Senate and the National Assembly, Parliament resolves that a declaration of a state of public emergency− (a) should be continued for a further period not exceeding three months, the President must without delay, by proclamation in the Gazette, extend the declaration for that further period; (b) should be revoked or that it should apply within a smaller area, the President must without delay, by proclamation in the Gazette, revoke the declaration or provide that the declaration relates to that smaller area. 102. Extent to which exercise of President's powers justiciable (1) Where this Constitution permits the President to act on his or her own judgement when exercising a function, no court has power to inquire into any of the following— (a) whether any advice or recommendation was tendered to the President, and whether the President acted on any such advice or recommendation; (b) whether the President consulted anyone in connection with the function; (c) the nature of any advice or recommendation that may have been tendered to the President; (d) the manner in which the President has exercised his or her discretion. (2) Where this Constitution or any other law permits or requires the President to do anything on the advice or recommendation of, or after consultation with, any person or authority, no court has power to inquire into the following— (a) the nature of any advice or recommendation tendered to the President; or (b) the manner in which the President has exercised his or her discretion. - 47 -

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