Right to privacy

20 | Right to privacy

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)

Everyone has the right to privacy, which includes the right not to have—

    1. their home entered without their permission;
    2. their person, home or property searched;
    3.  their possessions seized;  or
    4. the privacy of their communications, including electronic and telephonic communications, infringed.
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59 | Right to privacy

Kariba Draft Constitution
  1. Everyone has the right to privacy, which includes the right not to have–
    1. their home entered without their permission;
    2. their person, home or property searched;
    3. their possessions seized; or
    4. the privacy of their communications, including electronic and telephonic communications, infringed.
  2. A search of a person's body and the clothing he or she is wearing–
    1. must be made by someone of the same sex; and
    2. must be conducted with strict regard to decency.
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17 | Protection from arbitrary search or entry

Constitution of Zimbabwe (at 13th Feb, 2009)
  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.
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20 | Right to privacy

National Constitutional Assembly (NCA) Draft Constitution (2001)

Everyone has the right to privacy and no one may interfere with a person’s right to privacy in his or her home and in his or her correspondence or communications.

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