CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
(b) subsection (3)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
(c) subsection (3)(e) to the extent that the law in question imposes reasonable
conditions which must be satisfied if witnesses called to testify on behalf of
an accused person are to be paid their expenses out of public funds;
(d) subsection (6) to the extent that the law in question authorizes a court to try
a member of a disciplined force for a criminal offence notwithstanding any
trial and conviction or acquittal of that member under the appropriate disciplinary law, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law; or
(e) subsection (8) to the extent that the law in question authorizes a court,
where the person who is being tried refuses without just cause to answer
any question put to him, to draw such inferences from that refusal as are
proper and to treat that refusal, on the basis of such inferences, as evidence
corroborating any other evidence given against that person.
(14) In the case of a person who is held in lawful detention, the provisions of subsection (2) shall not apply in relation to his trial for a criminal offence under the law
regulating the discipline of persons held in such detention, save that the case of such
person shall be afforded a fair hearing within a reasonable time, and the person or
authority conducting the trial shall be regarded as a court for the purposes of this
section.
(15) For the purposes of this section, a local court shall not be regarded as not
being an independent and impartial court by reason of—
(a) the fact that a member of the court has an interest in the proceedings
because of his position in the tribal society; or
(b) the traditional or customary tribal practices and procedures.
19 Protection of freedom of conscience
(1) Except with his own consent or by way of parental discipline, no person shall
be hindered in the enjoyment of his freedom of conscience, that is to say, freedom of
thought and of religion, freedom to change his religion or belief, and freedom,
whether alone or in community with others, and whether in public or in private, to
manifest and propagate his religion or belief through worship, teaching, practice and
observance.
(2) Except with his own consent or, if he is a minor, the consent of his parent or
guardian, no person attending any place of education shall be required to receive
religious instruction or to take part in or attend any religious ceremony or observance
if that instruction, ceremony or observance relates to a religion other than his own.
(3) No religious community shall be prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not
that community is in receipt of any subsidy, grant or other form of financial assistance
from the State.
(4) No person shall be compelled to take any oath that is contrary to his religion
or belief or to take any oath in a manner that is contrary to his religion or belief.
Reissue
25
14th September, 2005
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