Page:Constitution of Rhodesia, 1965.pdf/45

 ons re ion (3) If, in any proceedings by virtue of section 80, it is alleged that anything contained in or done under the authority of any law is inconsistent with or in contravention of subsection (1) of this section and a certificate in writing is produced to the court signed by a Minister of the Government of Rhodesia that in the opinion of that Minister the law in question is necessary on such of the grounds mentioned in subsection (2) of this section as is specified in the certificate, that law shall be deemed to be so necessary unless the court decides as the result of hearing the com- plainant that, in a society which has a proper respect for the rights and freedoms of the individual, the necessity of that law on the grounds specified in the certificate cannot reasonably be accepted without proof to the satisfaction of the court. 72. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence- (a) shall be presumed to be innocent until he is proved or has pleaded guilty; (b) shall be informed as soon as reasonably practicable, in a language which he understands and in detail, of the nature of the offence charged; (c) shall be given adequate time and facilities for the pre- paration of his defence; (d) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice; (e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court, and to obtain the atten- dance and carry out the examination of witnesses to testify on his behalf before that court on the same conditions as those applying to witnesses called by the prosecution; and (f) shall be permitted to have without payment the assist- ance of an interpreter if he cannot understand the lan- guage used at the trial of the charge; and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the con- tinuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. 42 42