c. Government is in the process of establishing an open prison for
females.
d. Constitutional awareness programmes are being carried out to
sensitise grass root communities on provisions of the
Constitution vis a vis the need to respect the enjoyment of
fundamental rights by every citizen of the country.
7. Article 7: The right to have one’s cause heard; Presumption
of innocence until proven guilty; Prohibition of retrospective
penal law and punishment
Constitutional and Legislative Measures
7.1. The Constitution provides for the right to a fair and speedy
criminal and civil trial within a reasonable time before an
independent and impartial tribunal and the right to be presumed
innocent on the basis of the principle that a person cannot be
convicted of an act or omission that was not an offence when it
took place35. These provisions have since been incorporated into
the Criminal Procedure and Evidence Act36 as amended to give
effect to the above constitutional provisions. The Criminal
Procedure and Evidence Act37 was amended by the insertion of
Part 14A to provide for the protection of vulnerable witnesses.
7.2. The Constitution
also mandates the State to take all practical
measures, within the limits of the resources available to it, to
provide legal representation in civil and criminal cases for people
who need it and are unable to afford legal practitioners of their
35
Section 69 and 70 of the Constitution
36
Section 167 A of the Criminal Procedure and Evidence Act
37
Chapter 9:07
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