Section 87: Limitations during public emergency
Constitution of Zimbabwe
(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(2) A written law referred to in subsection (1) and any legislative measures taken under that law, must be published in the Gazette.
(3) Any limitation which a written law referred to in subsection (1) imposes on a fundamental right or freedom set out in this Chapter must not be greater than is strictly required by the emergency.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration, may—
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or
agency of the government at any level, or any other person, in respect of any unlawful
act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those
rights to be violated.
CHAPTER 5
T HE EXECUTIVE
PART 1
E XECUTIVE A UTHORITY
Insight on Limitations during Public Emergency
This section establishes a delicate balance between emergency powers and human rights protection. It allows for additional limitations on fundamental rights during emergencies, but with crucial safeguards:
- Any emergency limitations must be formally published and transparent
- Restrictions must be proportional - only "strictly required" by the emergency
- No emergency can justify unlawful acts or indemnify officials for them
- Certain core rights (those in section 86(3)) remain absolutely protected even during emergencies
This represents Zimbabwe's constitutional commitment to preventing emergency powers from becoming a pretext for human rights abuses.