All Constitution Sections

Section 70: Rights of accused persons

Constitution of Zimbabwe

(1) Any person accused of an offence has the following rights—

    (a) to be presumed innocent until proved guilty;

    (b) to be informed promptly of the charge, in sufficient detail to enable them to answer it;

    (c) to be given adequate time and facilities to prepare a defence;

    (d) to choose a legal practitioner and, at their own expense, to be represented by that legal

practitioner;

    (e) to be represented by a legal practitioner assigned by the State and at State expense, if

substantial injustice would otherwise result;

    (f) to be informed promptly of the rights conferred by paragraphs     (d) and (e);

    (g) to be present when being tried;

    (h) to adduce and challenge evidence;

          (i) to remain silent and not to testify or be compelled to give self-incriminating evidence;

    (j) to have the proceedings of the trial interpreted into a language that they understand;

    (k) not to be convicted of an act or omission that was not an offence when it took place;

    (l) not to be convicted of an act or omission that is no longer an offence;

    (m) not to be tried for an offence in respect of an act or omission for which they have

previously been pardoned or either acquitted or convicted on the merits;

    (n) to be sentenced to the lesser of the prescribed punishments if the prescribed

punishment for the offence has been changed between the time the offence was

committed and the time of sentencing.

(2) Where this section requires information to be given to a person—

    (a) the information must be given in a language the person understands; and

    (b) if the person cannot read or write, any document embodying the information must be

explained in such a way that the person understands it.

(3) In any criminal trial, evidence that has been obtained in a manner that violates any provision of this Chapter must be excluded if the admission of the evidence would render the trial unfair or would otherwise be detrimental to the administration of justice or the public interest.

(4) Any person who has been tried for an offence has the right, on payment of a reasonable fee prescribed by law, to be given a copy of the record of the proceedings within a reasonable time after judgment is delivered in the trial.

(5) Any person who has been tried and convicted of an offence has the right, subject to reasonable restrictions that may be prescribed by law, to—

    (a) have the case reviewed by a higher court; or

    (b) appeal to a higher court against the conviction and sentence.

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AI Insights

Key Insight: Zimbabwe's Strong Procedural Safeguards

This section establishes comprehensive due process protections that align with international human rights standards. The constitution not only guarantees traditional rights like presumption of innocence and legal representation, but also includes modern protections such as excluding improperly obtained evidence and ensuring language accessibility. These provisions create multiple layers of protection throughout the criminal justice process—from arrest through trial and appeal—and explicitly address potential barriers like language and literacy that might otherwise prevent citizens from exercising their rights.