• Home /
• Our Articles /
• The Constitutional right to legal representation in Zimbabwe

The Constitutional right to legal representation in Zimbabwe

The right to a legal practitioner and or legal representation in Zimbabwe is a fundamental human right. In Zimbabwe every person has a right to be represented by a legal practitioner before any court, tribunal or forum. This right to access to the courts invariably involves the right to legal representation and, if the latter is denied, this necessarily involves a denial of effective access to the courts. see Mandela v Minister of Prisons 1983 (1) SA 938 (A).

Section 69(4) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 recognises the following right:

“Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum.”

Section 70(1)(d) the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 enshrines the following right:

“To choose a legal practitioner and, at their own expense, to be represented by that legal practitioner.”

Furthermore, section 70(1)(e) the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 enshrines the following right:

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