By John Hatchard
Dr. Hatchard makes use of the case of Zimbabwe to invite questions about using authority in modern African states. He examines:
1. even if and in what situations the announcement and retention of a kingdom of emergency is justified;
2.The scope of emergency laws and their effect on person freedoms;
3.What safeguards are important with a view to safeguard these freedoms in the course of a nation of emergency.
the connection is studied from a political in addition to a felony point of view. Dr. Hatchard examines the function legislation has performed, is taking part in and should play. the writer concludes that, no matter if the country of emergency is justified, this doesn't necessitate the curtailment of the workout of person freedoms.
there are numerous comparisons with the remainder of Africa. The publication is of sensible significance for participants of the judiciary, criminal practitioners, politicians and human rights enterprises. The tricky questions it poses make stimulating instructing fabric for college students of the 3rd global who are looking to comprehend the truth of the workout of strength in fragile situations.
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Extra info for Individual Freedoms: And State Security In The African Context
Sample text
No agreement was reached and, following the declaration of a state of emergency in the country, on November 11 1965 Prime Minister Ian Smith and other ministers holding office under the 1961 Constitution purported to issue a Unilateral Declaration of Independence (UDI). The regime then purported to adopt the 1965 'Constitution of Rhodesia' which was similar to the 1961 Constitution with the only significant changes being those designed to remove the elements of subordination to Britain. The British government responded by making drastic modifications to the 1961 Constitution and declared void and of no effect any law passed or executive function performed by the illegal regime.
26 The terms of such legislation are very reminiscent of emergency laws. In reality, the use of such laws can also create a permanent 'state of emergency' or even martial law, without the need for an emergency declaration. In South Africa, in 1960, a declared state of emergency made under the Public Safety Act 1953, lasted some five months. It was not until July 1985 that it was renewed and this lasted only eight months. The last emergency proclamation was made in June 1986 and finally lifted in 1990.
Human rightsAfrica. I. Title. II. Title: Individual freedoms and state security in the African context. 8910285] 92-30057 CIP Typeset in Zimbabwe in 9/11 pt Palatino by the Publications Unit, Legal Resources Foundation and printed by Villiers Publications Ltd, London N6 Page v Contents Dedication vii Preface ix 1 Emergency Powers & Individual Freedoms: An Overview 1 2 Constitutional Development & the State of Emergency in Rhodesia: An Overview 9 3 The State of Emergency in Zimbabwe 16 4 Implementing Emergency Powers 28 5 Constitutional Safeguards of Individual Freedoms 35 6 Detention Without Trial & the Right to Personal Liberty 46 7 Protecting the Rights of Detainees 59 8 Protection from Torture & Right to Life 73 Page vi 9 Protection of the Law 89 10 Freedom of Movement & of Conscience 108 11 Economic & Political Rights 114 12 Protecting Individual Freedoms: The Traditional Safeguards 125 13 Protecting Individual Freedoms: National & International Institutions 145 14 Back to the Future: Reflections on the State of Emergency in Zimbabwe 160 Appendix I Constitution of Zimbabwe: Chapter 3 The Declaration of Rights 165 Appendix II Emergency Powers Act: Chapter 83 184 Appendix III Emergency Powers Regulations: Zimbabwe 187 Tables of Cases 189 Tables of Statutes 194 Bibliography 197 Index 203 Page vii Dedication To My Mother and Father Vera and Stephen Hatchard Page ix Preface This book started life as a short note on a preventive detention case in Zimbabwe.