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Right to personal liberty

49 | Right to personal liberty

Mar 02, 2013 - Comments: 0
  1. Every person has the right to personal liberty, which includes the right—
    1. not to be detained without trial;  and
    2. not to be deprived of their liberty arbitrarily or without just cause.
  2. No person may be imprisoned merely on the ground of inability to fulfil a contractual obligation.

4.6 | Right to personal liberty

Nov 28, 2012 - Comments: 0
  1. Every person has the right to personal liberty, which includes the right—
    1. not to be detained without trial;  and
    2. not to be deprived of their liberty arbitrarily or without just cause.
  2. No person may be imprisoned merely on the ground of inability to fulfil a contractual obligation.

15 | Right to personal liberty

Nov 16, 2010 - Comments: 0
  1. No one may be deprived of their personal liberty except according to law.
  2. No one may be imprisoned on the ground of failure to fulfil a civil obligation, but this does not preclude imprisonment for contempt of court.

15 | Right to personal liberty

Jan 28, 2010 - Comments: 1
  1. No one may be deprived of their personal liberty except according to law.
  2. No one may be imprisoned merely on the ground of inability to fulfil a contractual obligation.
  3. Anyone who is arrested or detained—
    1. must be informed promptly of the reason for the arrest or detention;
    2. must be permitted, without delay—
      1. to contact their next of kin or close relative; and
      2. at their own expense, to choose, contact and consult with a legal practitioner;
    3. must be treated with humanity and with respect for their inherent human dignity.
    4. must be permitted to challenge the lawfulness of the arrest or detention in person before a court, and must be released promptly if the detention is unlawful.
  4. Anyone may challenge the lawfulness of another person’s arrest or detention under subsection (3)(d) of this section if there are reasonable grounds to believe that the arrested or detained person is unable to do so.
  5. Anyone who is arrested or detained—
    1. for the purpose of bringing him or her before a court; or
    2. for allegedly committing or being about to commit an offence; and who is not released must be brought before a court as soon as reasonably possible and in any event not later than forty-eight hours after the arrest was effected or the detention began, as the case may be.
  6. Anyone who is detained pending trial for an offence and is not tried within a reasonable time must be released from detention, either unconditionally or on reasonable conditions to ensure that after being released the person—
    1. attends the trial;
    2. does not interfere with the evidence to be given at the trial; and
    3. does not commit any other offence before the trial begins.
  7.  Anyone who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but a law may protect the following persons from liability under this section—
    1. a judicial officer acting in a judicial capacity reasonably and in good faith;
    2. any other public officer acting reasonably and in good faith and without culpable ignorance or negligence.

17 | Protection from arbitrary search or entry

Aug 21, 2009 - Comments: 0
  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—
    1. in the interests of defence, public safety, public order, public morality, public health or town and country planning;
    2. 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;
    3. 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;
    4. for the purpose of protecting the rights and freedoms of other persons;
    5. that authorizes any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on those premises; or
    6. that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
  3. A law referred to in subsection (2) which makes provision for the search of the person of a woman shall require that such search shall, unless made by a medical practitioner, only be made by a woman and shall be conducted with strict regard to decency.

13 | Protection of right to personal liberty

Aug 21, 2009 - Comments: 1
  1. No person shall be deprived of his personal liberty save as may be authorized 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 authorized by law—
    1. 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;
    2. 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 the Senate or the House of Assembly punishing him for a contempt; [Paragraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and section 23 of Act No. 5 of 2005 – Amendment No. 17 - with effect from the 1st December, 2005.]
    3. 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 section 4 of Act 30 of 1990 - Amendment No. 11]
    4. 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 the Senate or the House of Assembly in execution of the order of the Senate or the House of Assembly; [Paragraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9, by section 9 of Act 15 of 1990 - Amendment No. 10, and section 23 of Act No. 5 of 2005 – Amendment No. 17 - with effect from the 1st December, 2005.]
    5. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
    6. 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;
    7. for the purpose of preventing the spread of an infectious or contagious disease;
    8. 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
    9. 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—
    1. for the purpose of bringing him before a court in execution of the order of a court or an officer of a court; or
    2. 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—
    1. any judicial officer acting in his judicial capacity reasonably and in good faith; or
    2. 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.

38 | Right to personal liberty

Aug 20, 2009 - Comments: 0
  1. Everyone has the right to personal liberty, which includes the right–
    1. not to be detained without trial; and
    2. not to be deprived of their liberty arbitrarily or without just cause.
  2. No one may be imprisoned merely on the ground of inability to fulfil a contractual obligation.
  3. Anyone who is arrested or detained–
    1. must be informed promptly of the reason for the arrest or detention;
    2. must be permitted, without delay–
      1. to contact their next of kin or close relative; and
      2. at their own expense, to choose, contact and consult with a legal practitioner;
    3. must be treated with humanity and with respect for their inherent human dignity;
    4. must be permitted to challenge the lawfulness of the arrest or detention before a court, either in person or through a legal practitioner of their choice, and must be released promptly if the detention is unlawful.
  4. Anyone may challenge the lawfulness of another person's arrest or detention under subsection (3)(d) if there are reasonable grounds to believe that the arrested or detained person is unable to do so.
  5. Anyone who is arrested or detained–
    1. for the purpose of bringing him or her before a court; or
    2. for allegedly committing or being about to commit an offence; and who is not released must be brought before a court as soon as reasonably possible and in any event not later than forty-eight hours after the arrest was effected or the detention began, as the case may be.
  6. Anyone who is detained pending trial for an offence and is not tried within a reasonable time must be released from detention, either unconditionally or on reasonable conditions to ensure that after being released the person–
    1. attends the trial;
    2. does not interfere with the evidence to be given at the trial; and
    3. does not commit any other offence before the trial begins..
  7. Anyone who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but a law may protect the following persons from liability under this section–
    1. a judicial officer acting in a judicial capacity reasonably and in good faith;
    2. any other public officer acting reasonably and in good faith and without culpable ignorance or negligence.
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