Section 113: States of public emergency

(1) The President may by proclamation in the Gazette declare that a state of public emergency exists in the whole or any part of Zimbabwe.

(2) A declaration of a state of public emergency ceases to have effect after fourteen days beginning with the day of publication of the proclamation in the Gazette unless, before the end of that period, the declaration is approved by at least two-thirds of the total membership of Parliament at a joint sitting of the Senate and the National Assembly.

(3) If Parliament is dissolved during the period of fourteen days after a state of public emergency has been declared, the declaration ceases to have effect after twenty-one days, beginning with the day of publication of the proclamation in the Gazette, unless within that period the declaration is approved by a majority of all the Members of the new Parliament at a joint sitting of the Senate and the National Assembly.

(4) A declaration of a state of public emergency which has been approved under subsection (2) or (3) remains in effect for three months from the date on which the proclamation was published in the Gazette unless it has earlier been revoked or ceased to have effect under this section.

(5) If a declaration of a state of public emergency is not approved after consideration by Parliament, or if for any reason it is not considered by Parliament within the period specified in this section, the President must, within seven days, by proclamation in the Gazette, revoke the declaration.

(6) If, by a resolution passed by a majority of the members present at a joint sitting of the Senate and the National Assembly, Parliament resolves that a declaration of a state of public emergency−

    (a) should be continued for a further period not exceeding three months, the President

must without delay, by proclamation in the Gazette, extend the declaration for that

further period;

    (b) should be revoked or that it should apply within a smaller area, the President must

without delay, by proclamation in the Gazette, revoke the declaration or provide that

the declaration relates to that smaller area.

(7) The Constitutional Court, on the application of any interested person, may determine the validity of—

    (a) a declaration of a state of public emergency;

    (b) any extension of a declaration of a state of public emergency.

(8) Any court may determine the validity of any legislation enacted, or other action taken, in consequence of a declaration of a state of public emergency.

PART 5

A TTORNEY -GENERAL