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The Constitutional right to legal representation at the State’s expense in Zimbabwe

Section 70(1)(e) the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 enshrines the Constitutional right to legal representation at the State’s expense in Zimbabwe as follows:

“To be represented by a legal practitioner assigned by the State and at State expense, if substantial injustice would otherwise result.”

The right to legal representation at the State’s expense in Zimbabwe is a right available to accused persons. In Attorney General v Slatter & Others 1984 (1) ZLR 306 (SC) it was held that:

“The right of an accused person to access to his legal advisers is a fundamental one, enshrined in the Constitution. It is also expressly provided in s 101 of the Criminal Procedure and Evidence Act [Chapter 59] that the friends and legal advisers of an accused person shall have access to him during preparatory examinations, and by s 105C this entitlement applies to confirmation proceedings in terms of that section. Access to legal advisers for consultation before the proceedings are commenced is an integral part of the accused person's right to the assistance of his advisers while the proceedings are being held. A violation of the right is an irregularity of the most serious and fundamental kind, sufficient to vitiate proceedings in terms of s 105C.”

The right to legal representation at the State’s expense in Zimbabwe may also be realised through the Legal Aid Directorate established through section 3 of the Legal Aid Act [Chapter 7:16].