…Sangomas allowed to visit prisoners
with Fidelicy Nyamukondiwa
The law gives man the
right to liberty using the right hand and takes it away with the left hand. Whilst
the Constitution confers the right to liberty to every person, a lawful arrest
and or detention takes away the same right. This does not however mean an
arrested or detained person is devoid of other rights. This editorial is a
rundown of some of the fundamental rights of accused, arrested or detained
persons encapsulated in sections 50 and 70 of the Constitution.
right to liberty using the right hand and takes it away with the left hand. Whilst
the Constitution confers the right to liberty to every person, a lawful arrest
and or detention takes away the same right. This does not however mean an
arrested or detained person is devoid of other rights. This editorial is a
rundown of some of the fundamental rights of accused, arrested or detained
persons encapsulated in sections 50 and 70 of the Constitution.
Arrested persons have
the right to be informed of the reasons of their arrest or detention. If accused
of committing offences, they must promptly be informed of the charges in
sufficient detail. 16 languages are officially recognised in Zimbabwe. It
follows that arrested persons must be informed of the reasons in a language
which they understand.
the right to be informed of the reasons of their arrest or detention. If accused
of committing offences, they must promptly be informed of the charges in
sufficient detail. 16 languages are officially recognised in Zimbabwe. It
follows that arrested persons must be informed of the reasons in a language
which they understand.
Arrested persons have
the right to be humanely treated. They should not be subjected to physical or
psychological torture. It is inhumane to assault or harass an arrested or
detained person. An arrested or detained person’s dignity must be respected. An
arrested person must ordinarily be body searched by an officer of the same sex.
the right to be humanely treated. They should not be subjected to physical or
psychological torture. It is inhumane to assault or harass an arrested or
detained person. An arrested or detained person’s dignity must be respected. An
arrested person must ordinarily be body searched by an officer of the same sex.
In Williams and Others v Co-Ministers of home Affairs and others, the
Supreme Court stated that detention should not reduce a detainee to humiliation
and indignity. The Williams case involved arrested women who had been ordered
to remove their shoes and brassieres before being lodged in police cells. The
cells were reportedly wet with human waste. Lessons drawn from this case is
that it is justified at law for the police to order removal of shoes, if and
only if the cell floors are clean and dry. The Supreme Court concluded that to
order removal of bras is unconstitutional.
Supreme Court stated that detention should not reduce a detainee to humiliation
and indignity. The Williams case involved arrested women who had been ordered
to remove their shoes and brassieres before being lodged in police cells. The
cells were reportedly wet with human waste. Lessons drawn from this case is
that it is justified at law for the police to order removal of shoes, if and
only if the cell floors are clean and dry. The Supreme Court concluded that to
order removal of bras is unconstitutional.
Accused persons have the
right to remain silent. A person may elect to remain silent but the failure to
mention some relevant facts may be used against that person in trial. This
right should therefore be exercised cautiously. No-one must be compelled to
make confessions or admissions. If evidence is obtained in any manner which
violates constitutionally protected rights, it should ordinarily be excluded by
the court. The case of State versus
Slatter and Others and that of Jestina
Mukoko v Attorney General are instructive in this regard.
right to remain silent. A person may elect to remain silent but the failure to
mention some relevant facts may be used against that person in trial. This
right should therefore be exercised cautiously. No-one must be compelled to
make confessions or admissions. If evidence is obtained in any manner which
violates constitutionally protected rights, it should ordinarily be excluded by
the court. The case of State versus
Slatter and Others and that of Jestina
Mukoko v Attorney General are instructive in this regard.
Any person arrested
must be allowed to call a spouse, relative, legal practitioner, friend or any
person of choice using a state provided phone. This is a constitutionally
protected right. A police officer or any responsible person cannot be said to
have violated this right if no phone is available. At their own expense,
arrested or detained persons must be allowed to choose and consult a lawyer and
a medical doctor of choice. They must also be informed of this right.
must be allowed to call a spouse, relative, legal practitioner, friend or any
person of choice using a state provided phone. This is a constitutionally
protected right. A police officer or any responsible person cannot be said to
have violated this right if no phone is available. At their own expense,
arrested or detained persons must be allowed to choose and consult a lawyer and
a medical doctor of choice. They must also be informed of this right.
Persons in detention,
either at a police station or at prison, have the right to communicate with and
be visited by a relative, lawyer or a medical doctor. A close reading of the
constitution suggests that arrested or detained persons are allowed to
communicate with and be visited by a n’anga/inyanga.
Whether or not Sangomas should be allowed to take with them their Sangoma kits
is debatable. If however a church pastor is allowed to take a bible with him,
nothing should stop a Sangomas to carry his/her hakata/amathambo. This right cannot however be exercised willy-nilly.
It is subject to administrative discretion of the responsible authorities.
either at a police station or at prison, have the right to communicate with and
be visited by a relative, lawyer or a medical doctor. A close reading of the
constitution suggests that arrested or detained persons are allowed to
communicate with and be visited by a n’anga/inyanga.
Whether or not Sangomas should be allowed to take with them their Sangoma kits
is debatable. If however a church pastor is allowed to take a bible with him,
nothing should stop a Sangomas to carry his/her hakata/amathambo. This right cannot however be exercised willy-nilly.
It is subject to administrative discretion of the responsible authorities.
To be presumed innocent
until proven guilty is a constitutionally protected right. As a result, it does
not follow that every arrested person must be detained. An accused or arrested
person has the right to be released pending trial unless where there are
compelling reasons justifying detention. Where there are compelling reasons
justifying detention, the person so detained must be brought before a magistrate
or a judge within 48 hours. Any detention past 48 hours is prima facie illegal.
until proven guilty is a constitutionally protected right. As a result, it does
not follow that every arrested person must be detained. An accused or arrested
person has the right to be released pending trial unless where there are
compelling reasons justifying detention. Where there are compelling reasons
justifying detention, the person so detained must be brought before a magistrate
or a judge within 48 hours. Any detention past 48 hours is prima facie illegal.
Every arrested person
has a right to choose and be represented by a lawyer of choice. If there is a
likelihood that substantial injustice would result, an accused person must be
represented by a state assigned (prodeo)
lawyer. A prodeo lawyer is not paid
any money. As a matter of common practice, all persons accused of murder in
Zimbabwe are represented by prodeo lawyers. A person can decline to be represented by a prodeo lawyer and elect to be
represented by a lawyer of choice at his/her
own expense.
has a right to choose and be represented by a lawyer of choice. If there is a
likelihood that substantial injustice would result, an accused person must be
represented by a state assigned (prodeo)
lawyer. A prodeo lawyer is not paid
any money. As a matter of common practice, all persons accused of murder in
Zimbabwe are represented by prodeo lawyers. A person can decline to be represented by a prodeo lawyer and elect to be
represented by a lawyer of choice at his/her
own expense.
The Police, Prosecution,
Magisterial, Prison officials and every person involved in the criminal justice
system must respect, protect promote and fulfil the rights of accused, arrested
or detained persons. An arrest or detention which violates the rights reaffirmed
in this editorial is illegal. A person
illegally arrested or detention is entitled to compensation from the person responsible
for the illegality. Judicial/public officers who act reasonably, without malice
nor negligence are cushioned from civil suits.
Magisterial, Prison officials and every person involved in the criminal justice
system must respect, protect promote and fulfil the rights of accused, arrested
or detained persons. An arrest or detention which violates the rights reaffirmed
in this editorial is illegal. A person
illegally arrested or detention is entitled to compensation from the person responsible
for the illegality. Judicial/public officers who act reasonably, without malice
nor negligence are cushioned from civil suits.
Fiat Justitia Ruat
Caelum!
Caelum!
