Page:Constitution of Rhodesia, 1965.pdf/47

This page needs to be proofread.

n C a 1 S T 1 any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. (10) Nothing in subsection (9) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority--- (a) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory civil proceedings; or (b) may be empowered by law so to do in the interests of defence, public safety, public order, public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings: and notwithstanding anything in the said subsection (9) or in sub- section (3) of this section, if in any proceedings before such a court or other adjudicating authority as is referred to in subsection (1) or (8) of this section (including any proceedings by virtue of section 80) a certificate in writing is produced to the court or other authority signed by a Minister of the Government of Rho- desia that it would not be in the public interest for any matter to be publicly disclosed. the court or other authority shall make arrangements for evidence relating to that matter to be heard in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter. (11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of (a) paragraph (a) of subsection (2) of this section to the extent that the law in question imposes upon any per- son charged with a criminal offence the burden of proving particular facts; (b) paragraph (e) of the said subsection (2) to the extent that the law in question imposes conditions which must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; (c) subsection (5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member

S

44