Provisions relating to restriction and detention

Provisions relating to restriction and detention (1) Where a person's freedom of movement is restricted, or he is detained, under the authority of any such law as is referred to in Article 22 or 25, as the case may be, the following provisions shall apply— (a) he shall, as soon as reasonably practicable and in any case not more than fourteen days after the commencement of his detention or restriction, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is restricted or detained; (b) not more than fourteen days after the commencement of his restriction or detention a notification shall be published in the Gazette stating that be has been restricted or detained and giving particulars of the place of detention and the provision of law under which his restriction or detention is authorised; (c) if he so requests at any time during the period of such restriction or detention not earlier than three months after the commencement thereof or after he last made such a request during that period, as the case may be, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, appointed by the Chief Justice who is or is qualified to be a judge of the High Court; (d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the authority by which the restriction or detention was ordered or to any tribunal established for the review of his case; and (e) at the hearing of his case by such tribunal he shall be permitted to appear in person or by a legal representive of his own choice. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (2) On any review by a tribunal under this Article the tribunal shall advise the authority by which it was ordered on the necessity or expediency of continuing his restriction or detention and that authority shall be obliged to act in accordance with any such advice. (3) The President may at any time refer to the tribunal the case of any person who has been or is being restricted or detained pursuant to any restriction or detention order. (4) Nothing contained in paragraph (d) or (e) of clause (1) shall be construed as entitling a person to legal representation at the public expense. (5) Parliament may make or provide for the making of rules to regulate the proceedings of any such tribunal including, but without derogating from the generality of the foregoing, rules as to evidence and the admissibility thereof, the receipt of evidence including written reports in the absence of the restricted or detained person and his legal representative, and the exclusion of the public from the whole or any portion of the proceedings. (6) Clauses (11) and (12) of Article 18 shall be read and construed subject to the provisions of this Article.