CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005
17 Protection from arbitrary search or entry
(1) Except with his own consent or by way of parental discipline, no person shall
be subjected to the search of his person or his property or the entry by others on his
premises.
(2) Nothing contained in or done under the authority of any law shall be held to
be in contravention of subsection (1) to the extent that the law in question makes
provision—
(a) in the interests of defence, public safety, public order, public morality,
public health or town and country planning;
(b) without derogation from the generality of the provisions of paragraph (a),
for the enforcement of the law in circumstances where there are reasonable
grounds for believing that the search or entry is necessary for the prevention, investigation or detection of a criminal offence, for the seizure of any
property which is the subject-matter of a criminal offence or evidence relating to a criminal offence, for the lawful arrest of a person or for the enforcement of any tax or rate;
(c) for the purposes of a law which provides for the taking of possession or
acquisition of any property or interest or right therein and which is not in
contravention of section 16;
(d) for the purpose of protecting the rights and freedoms of other persons;
(e) that authorizes any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the
premises of any person in order to inspect those premises or anything
thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on
those premises; or
(f) that authorizes, for the purpose of enforcing the judgment or order of a
court in any civil proceedings, the search of any person or property by order
of a court or the entry upon any premises by such order;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) A law referred to in subsection (2) which makes provision for the search of
the person of a woman shall require that such search shall, unless made by a medical
practitioner, only be made by a woman and shall be conducted with strict regard to
decency.
18 Provisions to secure protection of law
(1) Subject to the provisions of this Constitution, every person is entitled to the
protection of the law.
[Subsection as amended by section 3 of Act 4 of 1993 - Amendment No. 12]
(2) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(3) Every person who is charged with a criminal offence—
Reissue
22
14th September, 2005
Select target paragraph3
Add to table of contents