| ZIMBABWE Republic of Zimbabwe Republic of Zimbabwe Joined United Nations: 28 August 1980 Human Rights as assured by their constitution Updated 12 March 2013 |
CHAPTER 3-
THE DECLARATION OF RIGHTS
Article 11 Preamble
Whereas persons in Zimbabwe are entitled, subject to the provisions of this Constitution, to the fundamental rights and freedoms of the
individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of
Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to
such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and
freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons.
(Section as substituted by s.6 of Act No.14 of 1996 - Amendment No.14)
Article 12 Protection of right to life
(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of
which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the
use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of
the case—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny or of dispersing an unlawful gathering; or
(d) in order to prevent the commission by that person of a criminal offence;
or if he dies as the result of a lawful act of war.
(3) It shall be sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that
the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force
immediately before the appointed day.
Article 13 Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the cases specified in subsection
(2).
(2) The cases referred to in subsection (1) are where a person is deprived of his personal liberty as may be authorised by law—
(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in
Zimbabwe or elsewhere, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the
order of Parliament punishing him for a contempt;
(Paragraph as amended by s.26 of Act 31 of 1989 - Amendment No.9)
(c) in execution of the order of a court made in order to secure the fulfilment of an obligation imposed on him by law;
(Paragraph as amended by s.4 of Act 30 of 1990 - Amendment No.11)
(d) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court or before Parliament in
execution of the order of Parliament;
(Paragraph as amended by s.26 of Act 31 of 1989 - Amendment No.9, and by s.9 of Act 15 of 1990 - Amendment No.10)
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
(f) in execution of the order of a court or with the consent of his parent or guardian, for the purposes of his education or welfare
during a period beginning before he attains the age of twenty-one years and ending not later than the date when he attains the age of
twenty-three years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) if he is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his
care, treatment or rehabilitation or the protection of the community; or
(i) for the purpose of preventing his unlawful entry into Zimbabwe or for the purpose of effecting his expulsion, extradition or other
lawful removal from Zimbabwe or the taking of proceedings relating thereto.
(3) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of
the reasons for his arrest or detention and shall be permitted at his own expense to obtain and instruct without delay a legal representative
of his own choice and hold communication with him.
(4) Any person who is arrested or detained—
(a) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other
person or from any person or authority on whose behalf or in the course of whose employment that other person was acting:
Provided that—
(a) any judicial officer acting in his judicial capacity reasonably and in good faith; or
(b) any other public officer, or person assisting such public officer, acting reasonably and in good faith and without culpable
ignorance or negligence;
may be protected by law from liability for such compensation.
Article 14 Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude or required to perform forced labour.
(2) For the purposes of subsection (1), “forced labour” does not include—
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order
of a court—
(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or
(ii) is reasonably required for the purposes referred to in section 13(2)(f) or (h);
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by
virtue of a written law in place of service as a member of such force;
(d) any labour required by way of parental discipline; or
(e) any labour required by virtue of a written law during a period of public emergency or in the event of any other emergency or
disaster that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the
circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of
dealing with that situation.
Article 15 Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
(2) No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has
been lawfully detained shall be held to be in contravention of subsection (1) on the ground that it is degrading.
(3) No moderate corporal punishment inflicted—
(a) in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco
parentis or in whom are vested any of the powers of his parent or guardian; or
(b) in execution of the judgement or order of a court, upon a male person under the age of eighteen years as a penalty for breach of
any law;
shall be held to be in contravention of subsection (1) on the ground that it is inhuman or degrading.
(Subsection as inserted by s.5 of Act 30 of 1990 - Amendment No.11)
(4) The execution of a person who has been sentenced to death by a competent court in respect of a criminal offence of which he
has been convicted shall not be held to be in contravention of subsection (1) solely on the ground that the execution is carried out in the
manner prescribed in section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59] as that section existed on the 1st October,
1990.
(Subsection as inserted by s.5 of Act 30 of 1990 - Amendment No.11. As at the 1st October, 1990, section 315(2) of the Criminal
Procedure and Evidence Act (Chapter 59 of 1974) provided that “where sentence of death is carried out, the person sentenced shall be
hanged by the neck until he is dead”.)
(5) Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been
convicted, shall not be held to be a contravention of subsection (1).
(Subsection as inserted by s.2 of Act 9 of 1993 - Amendment No.13)
(6) A person upon whom any sentence has been imposed by a competent court, whether before, on or after the date of
commencement of the Constitution of Zimbabwe Amendment (No.13) Act, 1993, in respect of a criminal offence of which he has been
convicted, shall not be entitled to a stay, alteration or remission of sentence on the ground that, since the sentence was imposed, there has
been a contravention of subsection (1).
[Subsection as inserted by s.2 of Act 9 of 1993 - Amendment No.13]
Article 16 Protection from deprivation of property
(1) Subject to section sixteen A, no property of any description or interest or right therein shall be compulsorily acquired except
under the authority of a law that—
(a) requires—
(i) in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilisation of that or any
other land—
A. for settlement for agricultural or other purposes; or
B. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
C. for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or
B;
or
(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the
interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any
other property for a purpose beneficial to the public generally or to any section of the public;
and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person
owning the property or having any other interest or right therein that would be affected by such acquisition; and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or
within a reasonable time after acquiring the property, interest or right; and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later
than thirty days after, the acquisition for an order confirming the acquisition; and
(Paragraph as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(e) enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the
property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
[Paragraph as substituted by s.3 of Act 9 of 1993 - Amendment No.13]
(f) enables any claimant for compensation to apply to the High Court or some other court for the determination of any question
relating to compensation and to appeal to the Supreme Court:
Provided that the law need not make such provision where—
(i) the property concerned is land or any interest or right therein; and
(ii) the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the
utilisation of wild life or other natural resources; and
(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
(Paragraph as inserted by s.3 of Act 9 of 1993 - Amendment No.13, and amended by s.7 of Act No.14 of 1996 - Amendment No.14)
(Subsection as amended by s.2 of Act 5 of 2000 – Amendment No.16)
(2) (Subsection repealed by s.2 of Act 5 of 2000 – Amendment No.16)
(2a) (Subsection repealed by s.2 of Act 5 of 2000 – Amendment No.16)
(3) Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether
vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without
interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such
a right shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
(4) 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 authorises the taking of possession of property compulsorily during a period of public emergency or in the event
of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to
such emergency or disaster and makes provision that—
(a) requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or
possessing the property;
(b) enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
(c) requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a
determination of its entitlement to take possession;
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(d) requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of
possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other
emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation;
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(e) requires—
(i) when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the
property in the condition in which it was at the time of the taking of possession; and
(ii) the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to
return the property in accordance with subparagraph (i) or for any damage to the property;
(Subparagraph as amended by s.6 of Act 30 of 1990 - Amendment No.11)
and
(f) enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and
for the determination of any question relating to compensation, and to appeal to the Supreme Court.
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(5) 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 imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of
Schedule 6, on the remittability of any commutation of a pension.
(Subsection as inserted by s.3 of Act 9 of 1993 - Amendment No.13)
(6) (Subsection repealed by s.6 of Act 30 of 1990 - Amendment No.11)
(7) 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 for the acquisition of any property or any interest or right therein in any of the following cases—
(a) in satisfaction of any tax or rate;
(b) by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is
recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in
consequence of a breach of the law or in pursuance of any order referred to in section 13(2)(b);
(Paragraph as amended by s.6 of Act 30 of 1990 - Amendment No.11)
(c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
(d) as an incident of a contract, including a lease or mortgage, which has been agreed between the parties to the contract, or of a title
deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;
(e) in execution of the judgement or order of a court in proceedings for the determination of civil rights or obligations;
(f) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or
vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
(g) in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
(h) as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;
(i) by way of the taking of a sample for the purposes of a law;
(j) where the property consists of an animal, upon its being found trespassing or straying;
(k) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
(l) in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of—
(i) work for the purpose of the conservation of natural resources of any description; or
(ii) agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable
or lawful excuse refused or failed, to carry out;
(m) in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the
National Archives or a public library;
(n) for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious
metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President
on terms which provide for the respective interests of the persons affected;
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.
(8) 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 for the acquisition of any property or any interest or right therein in any of the following cases—
(a) for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason
of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
(b) by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organisation
which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
(c) by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other
country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
(d) as an incident of—
(i) a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number
of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
(ii) a deed of assignment entered into by a debtor with his creditors;
(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less
than nine-tenths in value of those shares or that class thereof.
(9) Nothing in this section shall affect the making or operation of any law in so far as it provides for—
(a) the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor
in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of
any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over
such property; or
(b) the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property,
interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other
than moneys provided from public funds.
(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of
any debt or other obligation gratuitously assumed by the State or any other person.
(Subsection as inserted by s.6 of Act 30 of 1990 - Amendment No.11)
(9b) Nothing in this section shall affect or derogate from—
(a) any obligation assumed by the State; or
(b) any right or interest conferred upon any person;
in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in
terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or
more foreign states or governments or international organisations.
(Subsection inserted by s.7 of Act No.14 of 1996 - Amendment No.14)
(10) In this section—
“acquiring authority” means the person or authority compulsorily taking possession of or acquiring the property or the interest of right
therein;
“agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;
“land” includes anything permanently attached to or growing on land;
(Definition as inserted by s.6 of Act 30 of 1990 - Amendment No.11)
“pensions benefits” means any pension, annuity, gratuity or other like allowance—
(a) which is payable from the Consolidated Revenue Fund to any person;
(b) for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of
such service;
(c) for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or
dependant of such person upon the death of such person from such ill-health or injury; or
(d) for any person upon his retirement on account of age or ill-health or other termination of service;
“piece of land” means a piece of land registered as a separate entity in the Deeds Registry.
Article 16A Agricultural land acquired for resettlement
(1) In regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of
land reform, the following factors shall be regarded as of ultimate and overriding importance—
(a) under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without
compensation;
(b) the people consequently took up arms in order to regain their land and political sovereignty, and this ultimately resulted in the
Independence of Zimbabwe in 1980;
(c) the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land;
and accordingly—
(i) the former colonial power has an obligation to pay compensation for agricultural land compulsorily acquired for resettlement,
through an adequate fund established for the purpose; and
(ii) if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to
pay compensation for agricultural land compulsorily acquired for resettlement.
(2) In view of the overriding considerations set out in subsection (1), where agricultural land is acquired compulsorily for the
resettlement of people in accordance with a programme of land reform, the following factors shall be taken into account in the
assessment of any compensation that may be payable
(a) the history of the ownership, use and occupation of the land;
(b) the price paid for the land when it was last acquired;
(c) the cost or value of improvements on the land;
(d) the current use to which the land and any improvements on it are being put;
(e) any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and
any improvements on it;
(f) the resources available to the acquiring authority in implementing the programme of land reform;
(g) any financial constraints that necessitate the payment of compensation in instalments over a period of time; and
(h) any other relevant factor that may be specified in an Act of Parliament.
(Section inserted by s.3 of Act 5 of 2000 – Amendment No.16)
Article 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 authorises 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 authorises, for the purpose of enforcing the judgement 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.
Article 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 s.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—
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence
charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself in person or, save in proceedings before a local court, at his own expense by a legal
representative of his own choice;
(e) shall be afforded facilities to examine in person or, save in proceedings before a local court, by his legal representative the
witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial
of the charge;
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(4) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a
copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(5) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(6) No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or
charge upon which a valid judgement could be entered and either convicted or acquitted shall again be tried for that offence or for any
other criminal offence of which he could have been convicted at the trial for that offence, save—
(a) where a conviction and sentence of the High Court or of a court subordinate to the High Court are set aside on appeal or review
on the ground that evidence was admitted which should not have been admitted or that evidence was rejected which should have been
admitted or on the ground of any other irregularity or defect in the procedure; or
(Paragraph as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(b) otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review proceedings relating to the
conviction or acquittal.
(Paragraph as amended by s.3 of Act 4 of 1993 - Amendment No.12)
(7) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(8) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(9) Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an
independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil
rights or obligations.
(Subsection as amended by s.3 of Act 4 of 1993 - Amendment No.12)
(10) Except in the case of a trial such as is referred to in subsection (14) or with the agreement of all the parties thereto, all
proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any
other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent—
(a) the court or other adjudicating authority from excluding from the proceedings, except the announcement of its decision, persons
other than the parties thereto and their legal representatives to such extent as the court or other authority—
(i) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice
the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of
twenty-one years or the protection of the private lives of persons concerned in the proceedings; or
(ii) may by law be empowered or required so to do in the interests of defence, public safety, public order or the economic interests
of the State;
or
(b) the court from excluding from proceedings preliminary to trial in respect of a criminal offence persons other than the accused
person and his legal representative when so required by law, unless the accused person otherwise requests.
(12) Notwithstanding anything contained in subsection (4), (10) or (11), if in any proceedings before such court or other
adjudicating authority as is referred to in subsection (2) or (9), including any proceedings by virtue of section 24, a certificate in writing is
produced to the court or other authority signed by a Minister that it would not be in the public interest for any matter to be publicly
disclosed, the court or other authority shall make arrangements for evidence relating to that matter to be heard in camera and shall take
such other action as may be necessary or expedient to prevent the disclosure of that matter.
(13) Nothing contained in or done under the authority of any law shall be held to be in contravention of—
(a) subsection (2), (3)(e) or (9) to the extent that the law in question makes reasonable provision relating to the grounds of privilege
or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any
proceedings;
(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 authorises 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 authorises 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.
Article 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.
(5) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) or (3) to the
extent that the law in question makes provision—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited intervention of persons professing any other religion or belief; or
(c) with respect to standards or qualifications to be required in relation to places of education, including any instruction, not being
religious instruction, given at such places;
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.
(6) References in this section to a religion shall be construed as including references to a religious denomination and cognate
expressions shall be construed accordingly.
Article 20 Protection of freedom of expression
(1) Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of
expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom
from interference with his correspondence.
(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, the economic interests of the State, public morality or public health;
(b) for the purpose of—
(i) protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
(ii) preventing the disclosure of information received in confidence;
(iii) maintaining the authority and independence of the courts or tribunals or Parliament;
(Subparagraph as amended by s.26 of Act 31 of 1989 - Amendment No.9)
(iv) regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless
broadcasting or television or creating or regulating any monopoly in these fields;
(v) in the case of correspondence, preventing the unlawful dispatch therewith of other matter;
or
(c) that imposes restrictions upon public officers;
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) No religious denomination and no person or group of persons shall be prevented from establishing and maintaining schools,
whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.
(4) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (3) 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; or
(b) for regulating such schools in the interests of persons receiving instruction therein;
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.
(5) No person shall be prevented from sending to any school a child of whom that person is parent or guardian by reason only that
the school is not a school established or maintained by the State.
(6) The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of expression in or on
any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
Article 21 Protection of freedom of assembly and association
(1) Except with his own consent or by way of parental discipline, no person shall be hindered in his freedom of assembly and
association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political
parties or trade unions or other associations for the protection of his interests.
(2) The freedom referred to in subsection (1) shall include the right not to be compelled to belong to an association.
(3) 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 or public health;
(b) for the purpose of protecting the rights or freedom of other persons;
(c) for the registration of companies, partnerships, societies or other associations of persons, other than political parties, trade unions
or employers’ organisations; or
(d) that imposes restrictions upon public officers;
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.
(4) The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of assembly or
association in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of
persons or vehicles.
Article 22 Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right
to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
(2) Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be in contravention
of subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held to in contravention of subsection (1) to the extent that
the law in question makes provision—
(a) for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in
the interests of defence, public safety, public order, public morality or public health;
(b) for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;
(c) for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any
person’s right to leave Zimbabwe—
(i) in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring
that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;
(ii) for proceedings relating to his extradition or lawful removal from Zimbabwe; or
(iii) for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;
(d) for—
(i) the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe
nor regarded by virtue of a written law as permanently resident in Zimbabwe; or
(ii) excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe;
whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe;
(Paragraph as substituted by s.8(1) of Act No.14 of 1996 - Amendment No.14. s.8(2) of Act No.14 of 1996 provides that nothing in s.8
(1) “shall affect any right to reside or remain in Zimbabwe that accrued to any person before the commencement of the Act.”)
(e) for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the
purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of
the court or other adjudicating authority for the purposes of any civil proceedings; or
(f) for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that
such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being;
(Paragraph as amended by s.23 of Act 23 of 1987 - Amendment No.7)
except, in the case of any provision referred to in paragraphs (a) to (e), 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.
(4) The provisions of subsection (3)(a) shall not be construed as authorising a law to make provision for preventing any person from
leaving Zimbabwe or excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe.
Article 23 Protection from discrimination on the grounds of race, etc.
(1) Subject to the provisions of this section—
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of
the functions of any public office or any public authority.
(2) For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be
regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by
race, tribe, place of origin, political opinions, colour, creed or gender are prejudiced—
(a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made
subject; or
(b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first-
mentioned description;
and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable
to the description by race, tribe, place of origin, political opinions, colour, creed or gender of the persons concerned.
(Subsection as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(3) Nothing contained in any law shall be held to be in contravention of subsection (1)(a) to the extent that the law in question relates
to any of the following matters—
(a) adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(b) the application of African customary law in any case involving Africans or an African and one or more persons who are not
Africans where such persons have consented to the application of African customary law in that case;
(c) restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of
persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;
(d) qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed or
gender, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body
corporate established directly by or under an Act of Parliament for a public purpose;
(Paragraph as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(e) the appropriation of public revenues or other public funds; or
(f) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land.
(Paragraph as amended by s.20 of Act 23 of 1987 - Amendment No.7)
(4) The provisions of subsection (1)(b) shall not apply to—
(a) anything that is expressly or by necessary implication authorised to be done by any provision of a law that is referred to in
subsection (3); or
(Paragraph as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court
vested in any person by or under this Constitution or any other law.
(5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their gender
shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question—
(a) gives effect to section 7(2) or any other provision of this Constitution; or
(b) takes due account of physiological differences between persons of different gender; or
(c) makes provision in the interests of defence, public safety or public morality;
except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
(Subsection inserted by s.9 of Act No.14 of 1996 - Amendment No.14)
Article 24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the
case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject
to the provisions of subsection (3), apply to the Supreme Court for redress.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention
of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the
question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(3) Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to
the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those
proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1).
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(4) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such
application which, in its opinion, is merely frivolous or vexatious; and
(b) to determine any question arising in the case of any person which is referred to it pursuant to subsection (2);
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of the Declaration of Rights:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any
other law.
(Subsection as amended by s.20 of Act 23 of 1987 and by s.9 of Act 15 of 1990 - Amendment No.10)
(5) If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section
16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not
accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in
section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without
proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be
declared to be in contravention of the section concerned.
(6) If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-
General shall be entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be
in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the
Attorney-General shall have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.
(7) Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody
under that law shall be entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his
further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for
the lodging of such an appeal may have expired.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(8) A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of
enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section.
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(9) A written law may make provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and
(b) of subordinate courts in relation to references to the Supreme Court under subsection (2);
including provision with respect to the time within which any application or reference shall or may be made or brought.
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
Article 25 Savings in the event of public emergencies
Notwithstanding the foregoing provisions of this Chapter, an Act of Parliament may in accordance with Schedule 2 derogate from certain
provisions of the Declaration of Rights in respect of a period of public emergency or a period when a resolution under section 31J(6) is in
effect.
(Section as amended by s.20 of Act 23 of 1987 - Amendment No.7)
Article 26 Interpretation and other savings
(1) In this Chapter, unless the context otherwise requires—
“child” includes a stepchild and a lawfully adopted child and “parent” and cognate expressions shall be construed accordingly;
“court” means any court of law in Zimbabwe, including a tribal court, but does not, except for the purposes of section 12 or 14, include a
court established by or under a disciplinary law;
“legal representative” means a legal practitioner who is lawfully in Zimbabwe;
(Definition as substituted by s.20 of Act 23 of 1987 - Amendment No.7)
“parental discipline” includes school or other quasi-parental discipline.
(2) Nothing contained in or done under the authority of any written law shall be held to be in contravention of the Declaration of
Rights to the extent that the law in question—
(a) is a law with respect to which the requirements of section 52 were applicable and were complied with;
(b) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(c) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(d) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(Subsection as amended by s.15 of Act No.14 of 1996 - Amendment No.14)
(3) (Subsection repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(4) For the purposes of this section, the reference—
(a) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(b) in subsection (2) to a written law includes any instrument having the force of law.
(Subsection as amended by s.20 of Act 23 of 1987 - Amendment No.7)
(5) In relation to any person who is a member of a disciplined force of Zimbabwe, nothing contained in or done under the authority
of the disciplinary law of that force shall be held to be in contravention of any of the provisions of the Declaration of Rights, other than
sections 12, 14, 15, 16 and 23.
(6) In relation to any person who is a member of a disciplined force that is not a disciplined force of Zimbabwe and who is present in
Zimbabwe under arrangements made between the Government and the government of some other country or an international organisation,
nothing contained in or done under the authority of the disciplinary law of that force shall be held to be in contravention of the Declaration
of Rights.
(7) No measures taken in relation to a person who is a member of a disciplined force of a country with which Zimbabwe is at war or
with which a state of hostilities exists and no law, to the extent that it authorises the taking of such measures, shall be held to be in
contravention of the Declaration of Rights.
THE DECLARATION OF RIGHTS
Article 11 Preamble
Whereas persons in Zimbabwe are entitled, subject to the provisions of this Constitution, to the fundamental rights and freedoms of the
individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of
Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to
such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and
freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons.
(Section as substituted by s.6 of Act No.14 of 1996 - Amendment No.14)
Article 12 Protection of right to life
(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of
which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the
use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of
the case—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny or of dispersing an unlawful gathering; or
(d) in order to prevent the commission by that person of a criminal offence;
or if he dies as the result of a lawful act of war.
(3) It shall be sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that
the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force
immediately before the appointed day.
Article 13 Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the cases specified in subsection
(2).
(2) The cases referred to in subsection (1) are where a person is deprived of his personal liberty as may be authorised by law—
(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in
Zimbabwe or elsewhere, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the
order of Parliament punishing him for a contempt;
(Paragraph as amended by s.26 of Act 31 of 1989 - Amendment No.9)
(c) in execution of the order of a court made in order to secure the fulfilment of an obligation imposed on him by law;
(Paragraph as amended by s.4 of Act 30 of 1990 - Amendment No.11)
(d) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court or before Parliament in
execution of the order of Parliament;
(Paragraph as amended by s.26 of Act 31 of 1989 - Amendment No.9, and by s.9 of Act 15 of 1990 - Amendment No.10)
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
(f) in execution of the order of a court or with the consent of his parent or guardian, for the purposes of his education or welfare
during a period beginning before he attains the age of twenty-one years and ending not later than the date when he attains the age of
twenty-three years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) if he is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his
care, treatment or rehabilitation or the protection of the community; or
(i) for the purpose of preventing his unlawful entry into Zimbabwe or for the purpose of effecting his expulsion, extradition or other
lawful removal from Zimbabwe or the taking of proceedings relating thereto.
(3) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of
the reasons for his arrest or detention and shall be permitted at his own expense to obtain and instruct without delay a legal representative
of his own choice and hold communication with him.
(4) Any person who is arrested or detained—
(a) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other
person or from any person or authority on whose behalf or in the course of whose employment that other person was acting:
Provided that—
(a) any judicial officer acting in his judicial capacity reasonably and in good faith; or
(b) any other public officer, or person assisting such public officer, acting reasonably and in good faith and without culpable
ignorance or negligence;
may be protected by law from liability for such compensation.
Article 14 Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude or required to perform forced labour.
(2) For the purposes of subsection (1), “forced labour” does not include—
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order
of a court—
(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or
(ii) is reasonably required for the purposes referred to in section 13(2)(f) or (h);
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by
virtue of a written law in place of service as a member of such force;
(d) any labour required by way of parental discipline; or
(e) any labour required by virtue of a written law during a period of public emergency or in the event of any other emergency or
disaster that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the
circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of
dealing with that situation.
Article 15 Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
(2) No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has
been lawfully detained shall be held to be in contravention of subsection (1) on the ground that it is degrading.
(3) No moderate corporal punishment inflicted—
(a) in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco
parentis or in whom are vested any of the powers of his parent or guardian; or
(b) in execution of the judgement or order of a court, upon a male person under the age of eighteen years as a penalty for breach of
any law;
shall be held to be in contravention of subsection (1) on the ground that it is inhuman or degrading.
(Subsection as inserted by s.5 of Act 30 of 1990 - Amendment No.11)
(4) The execution of a person who has been sentenced to death by a competent court in respect of a criminal offence of which he
has been convicted shall not be held to be in contravention of subsection (1) solely on the ground that the execution is carried out in the
manner prescribed in section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59] as that section existed on the 1st October,
1990.
(Subsection as inserted by s.5 of Act 30 of 1990 - Amendment No.11. As at the 1st October, 1990, section 315(2) of the Criminal
Procedure and Evidence Act (Chapter 59 of 1974) provided that “where sentence of death is carried out, the person sentenced shall be
hanged by the neck until he is dead”.)
(5) Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been
convicted, shall not be held to be a contravention of subsection (1).
(Subsection as inserted by s.2 of Act 9 of 1993 - Amendment No.13)
(6) A person upon whom any sentence has been imposed by a competent court, whether before, on or after the date of
commencement of the Constitution of Zimbabwe Amendment (No.13) Act, 1993, in respect of a criminal offence of which he has been
convicted, shall not be entitled to a stay, alteration or remission of sentence on the ground that, since the sentence was imposed, there has
been a contravention of subsection (1).
[Subsection as inserted by s.2 of Act 9 of 1993 - Amendment No.13]
Article 16 Protection from deprivation of property
(1) Subject to section sixteen A, no property of any description or interest or right therein shall be compulsorily acquired except
under the authority of a law that—
(a) requires—
(i) in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilisation of that or any
other land—
A. for settlement for agricultural or other purposes; or
B. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
C. for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or
B;
or
(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the
interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any
other property for a purpose beneficial to the public generally or to any section of the public;
and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person
owning the property or having any other interest or right therein that would be affected by such acquisition; and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or
within a reasonable time after acquiring the property, interest or right; and
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amendment No.11)
(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later
than thirty days after, the acquisition for an order confirming the acquisition; and
(Paragraph as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(e) enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the
property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
[Paragraph as substituted by s.3 of Act 9 of 1993 - Amendment No.13]
(f) enables any claimant for compensation to apply to the High Court or some other court for the determination of any question
relating to compensation and to appeal to the Supreme Court:
Provided that the law need not make such provision where—
(i) the property concerned is land or any interest or right therein; and
(ii) the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the
utilisation of wild life or other natural resources; and
(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
(Paragraph as inserted by s.3 of Act 9 of 1993 - Amendment No.13, and amended by s.7 of Act No.14 of 1996 - Amendment No.14)
(Subsection as amended by s.2 of Act 5 of 2000 – Amendment No.16)
(2) (Subsection repealed by s.2 of Act 5 of 2000 – Amendment No.16)
(2a) (Subsection repealed by s.2 of Act 5 of 2000 – Amendment No.16)
(3) Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether
vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without
interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such
a right shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
(4) 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 authorises the taking of possession of property compulsorily during a period of public emergency or in the event
of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to
such emergency or disaster and makes provision that—
(a) requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or
possessing the property;
(b) enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
(c) requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a
determination of its entitlement to take possession;
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(d) requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of
possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other
emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation;
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(e) requires—
(i) when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the
property in the condition in which it was at the time of the taking of possession; and
(ii) the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to
return the property in accordance with subparagraph (i) or for any damage to the property;
(Subparagraph as amended by s.6 of Act 30 of 1990 - Amendment No.11)
and
(f) enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and
for the determination of any question relating to compensation, and to appeal to the Supreme Court.
(Paragraph as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(5) 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 imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of
Schedule 6, on the remittability of any commutation of a pension.
(Subsection as inserted by s.3 of Act 9 of 1993 - Amendment No.13)
(6) (Subsection repealed by s.6 of Act 30 of 1990 - Amendment No.11)
(7) 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 for the acquisition of any property or any interest or right therein in any of the following cases—
(a) in satisfaction of any tax or rate;
(b) by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is
recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in
consequence of a breach of the law or in pursuance of any order referred to in section 13(2)(b);
(Paragraph as amended by s.6 of Act 30 of 1990 - Amendment No.11)
(c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
(d) as an incident of a contract, including a lease or mortgage, which has been agreed between the parties to the contract, or of a title
deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;
(e) in execution of the judgement or order of a court in proceedings for the determination of civil rights or obligations;
(f) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or
vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
(g) in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
(h) as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;
(i) by way of the taking of a sample for the purposes of a law;
(j) where the property consists of an animal, upon its being found trespassing or straying;
(k) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
(l) in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of—
(i) work for the purpose of the conservation of natural resources of any description; or
(ii) agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable
or lawful excuse refused or failed, to carry out;
(m) in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the
National Archives or a public library;
(n) for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious
metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President
on terms which provide for the respective interests of the persons affected;
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.
(8) 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 for the acquisition of any property or any interest or right therein in any of the following cases—
(a) for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason
of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
(b) by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organisation
which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
(c) by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other
country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
(d) as an incident of—
(i) a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number
of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
(ii) a deed of assignment entered into by a debtor with his creditors;
(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less
than nine-tenths in value of those shares or that class thereof.
(9) Nothing in this section shall affect the making or operation of any law in so far as it provides for—
(a) the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor
in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of
any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over
such property; or
(b) the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property,
interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other
than moneys provided from public funds.
(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of
any debt or other obligation gratuitously assumed by the State or any other person.
(Subsection as inserted by s.6 of Act 30 of 1990 - Amendment No.11)
(9b) Nothing in this section shall affect or derogate from—
(a) any obligation assumed by the State; or
(b) any right or interest conferred upon any person;
in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in
terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or
more foreign states or governments or international organisations.
(Subsection inserted by s.7 of Act No.14 of 1996 - Amendment No.14)
(10) In this section—
“acquiring authority” means the person or authority compulsorily taking possession of or acquiring the property or the interest of right
therein;
“agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;
“land” includes anything permanently attached to or growing on land;
(Definition as inserted by s.6 of Act 30 of 1990 - Amendment No.11)
“pensions benefits” means any pension, annuity, gratuity or other like allowance—
(a) which is payable from the Consolidated Revenue Fund to any person;
(b) for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of
such service;
(c) for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or
dependant of such person upon the death of such person from such ill-health or injury; or
(d) for any person upon his retirement on account of age or ill-health or other termination of service;
“piece of land” means a piece of land registered as a separate entity in the Deeds Registry.
Article 16A Agricultural land acquired for resettlement
(1) In regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of
land reform, the following factors shall be regarded as of ultimate and overriding importance—
(a) under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without
compensation;
(b) the people consequently took up arms in order to regain their land and political sovereignty, and this ultimately resulted in the
Independence of Zimbabwe in 1980;
(c) the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land;
and accordingly—
(i) the former colonial power has an obligation to pay compensation for agricultural land compulsorily acquired for resettlement,
through an adequate fund established for the purpose; and
(ii) if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to
pay compensation for agricultural land compulsorily acquired for resettlement.
(2) In view of the overriding considerations set out in subsection (1), where agricultural land is acquired compulsorily for the
resettlement of people in accordance with a programme of land reform, the following factors shall be taken into account in the
assessment of any compensation that may be payable
(a) the history of the ownership, use and occupation of the land;
(b) the price paid for the land when it was last acquired;
(c) the cost or value of improvements on the land;
(d) the current use to which the land and any improvements on it are being put;
(e) any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and
any improvements on it;
(f) the resources available to the acquiring authority in implementing the programme of land reform;
(g) any financial constraints that necessitate the payment of compensation in instalments over a period of time; and
(h) any other relevant factor that may be specified in an Act of Parliament.
(Section inserted by s.3 of Act 5 of 2000 – Amendment No.16)
Article 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 authorises 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 authorises, for the purpose of enforcing the judgement 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.
Article 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 s.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—
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence
charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself in person or, save in proceedings before a local court, at his own expense by a legal
representative of his own choice;
(e) shall be afforded facilities to examine in person or, save in proceedings before a local court, by his legal representative the
witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial
of the charge;
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(4) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a
copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(5) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(6) No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or
charge upon which a valid judgement could be entered and either convicted or acquitted shall again be tried for that offence or for any
other criminal offence of which he could have been convicted at the trial for that offence, save—
(a) where a conviction and sentence of the High Court or of a court subordinate to the High Court are set aside on appeal or review
on the ground that evidence was admitted which should not have been admitted or that evidence was rejected which should have been
admitted or on the ground of any other irregularity or defect in the procedure; or
(Paragraph as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(b) otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review proceedings relating to the
conviction or acquittal.
(Paragraph as amended by s.3 of Act 4 of 1993 - Amendment No.12)
(7) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(8) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(9) Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an
independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil
rights or obligations.
(Subsection as amended by s.3 of Act 4 of 1993 - Amendment No.12)
(10) Except in the case of a trial such as is referred to in subsection (14) or with the agreement of all the parties thereto, all
proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any
other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent—
(a) the court or other adjudicating authority from excluding from the proceedings, except the announcement of its decision, persons
other than the parties thereto and their legal representatives to such extent as the court or other authority—
(i) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice
the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of
twenty-one years or the protection of the private lives of persons concerned in the proceedings; or
(ii) may by law be empowered or required so to do in the interests of defence, public safety, public order or the economic interests
of the State;
or
(b) the court from excluding from proceedings preliminary to trial in respect of a criminal offence persons other than the accused
person and his legal representative when so required by law, unless the accused person otherwise requests.
(12) Notwithstanding anything contained in subsection (4), (10) or (11), if in any proceedings before such court or other
adjudicating authority as is referred to in subsection (2) or (9), including any proceedings by virtue of section 24, a certificate in writing is
produced to the court or other authority signed by a Minister that it would not be in the public interest for any matter to be publicly
disclosed, the court or other authority shall make arrangements for evidence relating to that matter to be heard in camera and shall take
such other action as may be necessary or expedient to prevent the disclosure of that matter.
(13) Nothing contained in or done under the authority of any law shall be held to be in contravention of—
(a) subsection (2), (3)(e) or (9) to the extent that the law in question makes reasonable provision relating to the grounds of privilege
or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any
proceedings;
(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 authorises 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 authorises 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.
Article 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.
(5) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) or (3) to the
extent that the law in question makes provision—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited intervention of persons professing any other religion or belief; or
(c) with respect to standards or qualifications to be required in relation to places of education, including any instruction, not being
religious instruction, given at such places;
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.
(6) References in this section to a religion shall be construed as including references to a religious denomination and cognate
expressions shall be construed accordingly.
Article 20 Protection of freedom of expression
(1) Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of
expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom
from interference with his correspondence.
(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, the economic interests of the State, public morality or public health;
(b) for the purpose of—
(i) protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
(ii) preventing the disclosure of information received in confidence;
(iii) maintaining the authority and independence of the courts or tribunals or Parliament;
(Subparagraph as amended by s.26 of Act 31 of 1989 - Amendment No.9)
(iv) regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless
broadcasting or television or creating or regulating any monopoly in these fields;
(v) in the case of correspondence, preventing the unlawful dispatch therewith of other matter;
or
(c) that imposes restrictions upon public officers;
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) No religious denomination and no person or group of persons shall be prevented from establishing and maintaining schools,
whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.
(4) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (3) 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; or
(b) for regulating such schools in the interests of persons receiving instruction therein;
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.
(5) No person shall be prevented from sending to any school a child of whom that person is parent or guardian by reason only that
the school is not a school established or maintained by the State.
(6) The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of expression in or on
any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
Article 21 Protection of freedom of assembly and association
(1) Except with his own consent or by way of parental discipline, no person shall be hindered in his freedom of assembly and
association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political
parties or trade unions or other associations for the protection of his interests.
(2) The freedom referred to in subsection (1) shall include the right not to be compelled to belong to an association.
(3) 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 or public health;
(b) for the purpose of protecting the rights or freedom of other persons;
(c) for the registration of companies, partnerships, societies or other associations of persons, other than political parties, trade unions
or employers’ organisations; or
(d) that imposes restrictions upon public officers;
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.
(4) The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of assembly or
association in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of
persons or vehicles.
Article 22 Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right
to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
(2) Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be in contravention
of subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held to in contravention of subsection (1) to the extent that
the law in question makes provision—
(a) for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in
the interests of defence, public safety, public order, public morality or public health;
(b) for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;
(c) for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any
person’s right to leave Zimbabwe—
(i) in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring
that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;
(ii) for proceedings relating to his extradition or lawful removal from Zimbabwe; or
(iii) for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;
(d) for—
(i) the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe
nor regarded by virtue of a written law as permanently resident in Zimbabwe; or
(ii) excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe;
whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe;
(Paragraph as substituted by s.8(1) of Act No.14 of 1996 - Amendment No.14. s.8(2) of Act No.14 of 1996 provides that nothing in s.8
(1) “shall affect any right to reside or remain in Zimbabwe that accrued to any person before the commencement of the Act.”)
(e) for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the
purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of
the court or other adjudicating authority for the purposes of any civil proceedings; or
(f) for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that
such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being;
(Paragraph as amended by s.23 of Act 23 of 1987 - Amendment No.7)
except, in the case of any provision referred to in paragraphs (a) to (e), 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.
(4) The provisions of subsection (3)(a) shall not be construed as authorising a law to make provision for preventing any person from
leaving Zimbabwe or excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe.
Article 23 Protection from discrimination on the grounds of race, etc.
(1) Subject to the provisions of this section—
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of
the functions of any public office or any public authority.
(2) For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be
regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by
race, tribe, place of origin, political opinions, colour, creed or gender are prejudiced—
(a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made
subject; or
(b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first-
mentioned description;
and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable
to the description by race, tribe, place of origin, political opinions, colour, creed or gender of the persons concerned.
(Subsection as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(3) Nothing contained in any law shall be held to be in contravention of subsection (1)(a) to the extent that the law in question relates
to any of the following matters—
(a) adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(b) the application of African customary law in any case involving Africans or an African and one or more persons who are not
Africans where such persons have consented to the application of African customary law in that case;
(c) restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of
persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;
(d) qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed or
gender, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body
corporate established directly by or under an Act of Parliament for a public purpose;
(Paragraph as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(e) the appropriation of public revenues or other public funds; or
(f) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land.
(Paragraph as amended by s.20 of Act 23 of 1987 - Amendment No.7)
(4) The provisions of subsection (1)(b) shall not apply to—
(a) anything that is expressly or by necessary implication authorised to be done by any provision of a law that is referred to in
subsection (3); or
(Paragraph as amended by s.9 of Act No.14 of 1996 - Amendment No.14)
(b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court
vested in any person by or under this Constitution or any other law.
(5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their gender
shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question—
(a) gives effect to section 7(2) or any other provision of this Constitution; or
(b) takes due account of physiological differences between persons of different gender; or
(c) makes provision in the interests of defence, public safety or public morality;
except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
(Subsection inserted by s.9 of Act No.14 of 1996 - Amendment No.14)
Article 24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the
case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject
to the provisions of subsection (3), apply to the Supreme Court for redress.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention
of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the
question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(3) Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to
the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those
proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1).
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(4) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such
application which, in its opinion, is merely frivolous or vexatious; and
(b) to determine any question arising in the case of any person which is referred to it pursuant to subsection (2);
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of the Declaration of Rights:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any
other law.
(Subsection as amended by s.20 of Act 23 of 1987 and by s.9 of Act 15 of 1990 - Amendment No.10)
(5) If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section
16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not
accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in
section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without
proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be
declared to be in contravention of the section concerned.
(6) If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-
General shall be entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be
in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the
Attorney-General shall have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.
(7) Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody
under that law shall be entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his
further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for
the lodging of such an appeal may have expired.
(Subsection as amended by s.9 of Act 15 of 1990 - Amendment No.10)
(8) A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of
enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section.
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
(9) A written law may make provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and
(b) of subordinate courts in relation to references to the Supreme Court under subsection (2);
including provision with respect to the time within which any application or reference shall or may be made or brought.
(Subsection as amended by s.13 of Act 25 of 1981 - Amendment No.2)
Article 25 Savings in the event of public emergencies
Notwithstanding the foregoing provisions of this Chapter, an Act of Parliament may in accordance with Schedule 2 derogate from certain
provisions of the Declaration of Rights in respect of a period of public emergency or a period when a resolution under section 31J(6) is in
effect.
(Section as amended by s.20 of Act 23 of 1987 - Amendment No.7)
Article 26 Interpretation and other savings
(1) In this Chapter, unless the context otherwise requires—
“child” includes a stepchild and a lawfully adopted child and “parent” and cognate expressions shall be construed accordingly;
“court” means any court of law in Zimbabwe, including a tribal court, but does not, except for the purposes of section 12 or 14, include a
court established by or under a disciplinary law;
“legal representative” means a legal practitioner who is lawfully in Zimbabwe;
(Definition as substituted by s.20 of Act 23 of 1987 - Amendment No.7)
“parental discipline” includes school or other quasi-parental discipline.
(2) Nothing contained in or done under the authority of any written law shall be held to be in contravention of the Declaration of
Rights to the extent that the law in question—
(a) is a law with respect to which the requirements of section 52 were applicable and were complied with;
(b) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(c) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(d) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(Subsection as amended by s.15 of Act No.14 of 1996 - Amendment No.14)
(3) (Subsection repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(4) For the purposes of this section, the reference—
(a) (Paragraph repealed by s.20 of Act 23 of 1987 - Amendment No.7)
(b) in subsection (2) to a written law includes any instrument having the force of law.
(Subsection as amended by s.20 of Act 23 of 1987 - Amendment No.7)
(5) In relation to any person who is a member of a disciplined force of Zimbabwe, nothing contained in or done under the authority
of the disciplinary law of that force shall be held to be in contravention of any of the provisions of the Declaration of Rights, other than
sections 12, 14, 15, 16 and 23.
(6) In relation to any person who is a member of a disciplined force that is not a disciplined force of Zimbabwe and who is present in
Zimbabwe under arrangements made between the Government and the government of some other country or an international organisation,
nothing contained in or done under the authority of the disciplinary law of that force shall be held to be in contravention of the Declaration
of Rights.
(7) No measures taken in relation to a person who is a member of a disciplined force of a country with which Zimbabwe is at war or
with which a state of hostilities exists and no law, to the extent that it authorises the taking of such measures, shall be held to be in
contravention of the Declaration of Rights.
Stone Age hunters, related to today's Khoisan people, occupied the area about 5000 years
ago or earlier. Iron Age Bantu-speaking peoples began migrating into the area around 300
CE, eventually displacing the earlier hunters. These included the ancestors of the Shona,
who account for roughly four-fifths of the country's population today. By the Middle Ages,
there was a Bantu civilisation in the region, as evidenced by ruins at Great Zimbabwe and
other smaller sites, whose outstanding achievement is a unique dry stone architecture.
Around the early 10th century, trade developed with Muslim merchants on the Indian Ocean
coast, helping to develop Great Zimbabwe in the 11th century. It ceased to be the leading
Shona state in the mid-15th century. In 1837-8, the Shona were conquered by the Ndebele,
who arrived from south of the Limpopo. In 1888, British entrepreneur Cecil Rhodes extracted
mining rights from King Lobengula of the Ndebele. In 1895, the region was given the name
Rhodesia and became a self-governing British colony in October 1923. An ill-fated
Federation of Rhodesia and Nyasaland was created by Britain in 1953 but was dissolved in
1963. The region declared independence in 1970 becoming the Republic of Rhodesia. Civil
war toppled the white led government renaming the country Zimbabwe. Independence was
achieved via a peace accord and declared 18 April 1980. The present constitution was
adopted on 21 December 1979. It has been amended many times, most recently in February
2009 to reinstate the office of Prime Minister. Human rights are enumerated beginning with
Chapter Three (The Declaration of Rights), conform with the 1948 Universal Declaration of
Human Rights of which Zimbabwe is a signatory and are detailed below. For a full English
translation of Zimbabwe's Constitution, click here. A national referendum to approve a new
constitution is slated for 16 March 2013. To read a full English version of the Draft
Constitution, click here.
ago or earlier. Iron Age Bantu-speaking peoples began migrating into the area around 300
CE, eventually displacing the earlier hunters. These included the ancestors of the Shona,
who account for roughly four-fifths of the country's population today. By the Middle Ages,
there was a Bantu civilisation in the region, as evidenced by ruins at Great Zimbabwe and
other smaller sites, whose outstanding achievement is a unique dry stone architecture.
Around the early 10th century, trade developed with Muslim merchants on the Indian Ocean
coast, helping to develop Great Zimbabwe in the 11th century. It ceased to be the leading
Shona state in the mid-15th century. In 1837-8, the Shona were conquered by the Ndebele,
who arrived from south of the Limpopo. In 1888, British entrepreneur Cecil Rhodes extracted
mining rights from King Lobengula of the Ndebele. In 1895, the region was given the name
Rhodesia and became a self-governing British colony in October 1923. An ill-fated
Federation of Rhodesia and Nyasaland was created by Britain in 1953 but was dissolved in
1963. The region declared independence in 1970 becoming the Republic of Rhodesia. Civil
war toppled the white led government renaming the country Zimbabwe. Independence was
achieved via a peace accord and declared 18 April 1980. The present constitution was
adopted on 21 December 1979. It has been amended many times, most recently in February
2009 to reinstate the office of Prime Minister. Human rights are enumerated beginning with
Chapter Three (The Declaration of Rights), conform with the 1948 Universal Declaration of
Human Rights of which Zimbabwe is a signatory and are detailed below. For a full English
translation of Zimbabwe's Constitution, click here. A national referendum to approve a new
constitution is slated for 16 March 2013. To read a full English version of the Draft
Constitution, click here.