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Constitution of Zimbabwe Amendment No 20 14-05-2013

ZIMBABWE

ACT

repeal and substitute the Constitution of Zimbabwe.

ENACT El) by the President and the Parlialnent of ZilDbabwe.

1 Short title

This Act lnay• be cited as the Constitution of Zilnbabwe Amendment (No. 20) Act , 2() 13.

2 Interpretation

In this Act—

"existil'lg Constitution" pneans the Constitution of Zilnbabwe that into operation on the 18th April, 1980, as subsequently anlended;

'"new Constilutionn • nrans the Constitution ol' Zimbabwe set ik)llh in the Schedule.

3 Repeal of existing Constitution by new Constitution

( l ) Subiecl to subsection (2), the existing Constitution is repealed and substitilted by the new Constitution.

(2) For the avoidance of doubt it declaæd that the nov ( 'onslitution is enacted on the "publication day*' as dc(ined in (he Sixth Schedule to that Constitution, that is to say, on the dale on which this Act is published in the Gazette in accordance Wilh section 5 1(5) the existing Constitution: and

(b) with efTec1 Cronn the dale ol' enaclnlellt of the new Constitution as described in paragraph (a), the existing Constitution renurins in Ik)rce to the extent specified in [he Sixth Schedule oc the new Constitution.

SCHEDULE (SECTION 2)

CONSTITUTION OF ZIMBABWE

ARRANGEMENT OF SECTIONS

Preamble.

CHAPTER I

FOINI)ING PROVISIONS

Section

  1. The Republic.

Suprernacy of Constitution.

  1. Founding values and principles.
  2. National Flag, National Anthervr, Public Seal and Coat of Arnis.
  3. Tiers of govermnent.
  4. angu ages.

T Promotion of public awareness of Constitution.

CHAPTER 2

NATIONAL OBJECTIVES

  1. ()biectives to guide State and all institutions and agencies of govermnent.
  2. Good governance.
  3. Nat ional unity, peace and stability.

l l . Fostering of' fundamental rights and freedorns•.

12 Foreign policy.

  1. National development.
  2. and enjploynjent creation.
  3. Food security.
  4. Gender balance.

18 Fair regional representation.

Elderly persons-

Persons with disabilities.

Veterall of the Liberation Struggle.

24 Work and [abour relations. 25 Protection of the family26 Marriage.

  1. Health services.

Social welfare.

Legal aid.

32 Sporting and recreational facilities.

ZiNfBABWE AMENDMENT (Xo                                                          No. 1

Sect i'

 

  1. Preservation of traditional knowledge.

.34. Donlestication of international instruments. CHAfYFER 3

-35, ZilDbabwean citizenship.

  1. Citizenship by birth.
  2. Citizenship by descent.

-38. Citizenship by registration.

  1. Revocation of citizenship.
  • Retention of citizenship despite marriage or dissolution of Inan•iage.
  • Citizenship and

40 Powers oc Parliaineilt in regard to citizenship.

  1. Continuation and restoration of previous citizenship.

CHAPTER 4 or RIGIfTs

PART I

APPLICATION ANT) INTERPRETATION OF CHAPTF.R 4

  1. Dut_y to respect fundan)ental hun)an rights and freedoms.
  2. Application of Chapter 4.
  3. Interpretati01'l ol' Chapter 4.
  4. Chapter 4 does not preclude existence of other rights.

PART 2

FUNDAMENTAL HI             RIGHTS AND FREEDOMS

  1. Right to lite.

49 _ Right to personal liberty.

Rights of' arrested and detained persons.

  • Right to hunvan dignity.
  • Right to personal security.
  1. Freedonl frorn torture or cruel, inhu:nan or degrading treatnoent or pun ishlnent.
  • Freedon) slavery or servitude
  • Freedon) l'ovced or connpulsor_y labour.

Equality and non-discrin)ination.

  1. Right to privacy.

58, Freedono of assen)bly and association.

Freedonn to den)onstrate and petition.

  1. Freedorn of conscience-

Freedom 01 expression and freedono the 62 Access to in10rnna[i011.

63 . Language and culture -

  1. Freedonl of' procession, trade or occupation65. Labour riuhts•.
  2. Freedon) and residence.
  3. Political rights.

68, Right to adnoinistrative justice.

  1. Right to a fair hearinu.

70 - Richts o l " accused persons.

 

1/ulXlBABWE *AMENDMEXV (NI C)

  • . Propefty rights.
  • Rights to agricultural land.
  • Environmental fights.
  • Freedom from arbitrary eviction.
  • Right to
  • Right to health care.
  • Right to food and water.
  • Marriage rights.

PART 3

ELABORATION OF CERTAIN RIGHTS

  • Application Part 3.

Rights of wornen.

81 . Rights of children.

  1. Rights of the elderly.
  2. Rights of persons with disabilities.
  3. Rights of veterans of the liberation struggle.

PART 4

ENFOR(                   OF Fl  HUMAN RIGHTS AND

  1. Enforcennent of fundamental human rights and freedoms.

PART 5

LIMIT NTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

  1. Lin)itation of rights and freedoms.
  2. Limitations during public enoergency.

CHAPTER 5

THF Ex'Ecemrvr,.

PART I

  1. Executive authority.

THE PurtstDFNT ANT) VICE-PRESIDENTS

  1. The President.

9(). Duties ol' President.

  • (Qualifications election as President and Vice-President.
  • Election ol' President and Vice-Presidents.
  1. Challenge to presidential election.
  2. of o[ficc by President and Viec„Plesidcnts. or ol'lice of President and Vice-Presidents.

Resignation of President or Vice-President.

  1. Retnoval of President or Vice-President
  2. Presidential ilnnutnity.
  3. Functions of Vice-Presidents

I OO. Acting President.

10 1 . Succession in event of death, resignation or incapacity of President or VicePresident.

Rernunerati011 President and Vice-Presidents.

  1. President and Vice-Presidents and Conner office-holders not to hold other office or enlployn)ent.

PART 3

MINISTERS,                    MINISTERS            CABINET

Appointment of Ministers and Deputy Ministers.

  1. Conduct of Vice-Presidents. Ministers and Deputy Ministers.
  2. Accountability of Vice-Presidents. Ministers and Deputy Ministers.
  3. I'enurc ol' office of .linisters and Deputy N linisters. 109 Vote of no con (i dencc in Govern niellt.

PART 4

EXECUTIVE Fuxrcnoxs

1 10. Executive functions of President and Cabinet.  War and peace.

1 12. Power of nrrcy.

1 13. States of public enrrgency.

PART 5 ATTORNEY-GFNFRAI

1 14. .At torney-General.

1 15. Rcrnoval ['rolli office ol'. ttorncv-( icneral.

CHAPTER 6

THE LEGRSI,ATVRE

PART I LEGISLATIVE

1 16. The Legislature.

1 17. Nature and extent of legislative authority.

PART 2

PARLIAMENT

[ 18. Parliament Role of Parlianrnt.

PART

Tilli

20 Conoposition of Senaw•.

Qualifications and disqualifications for election as Senator.

 

President of Senate. 123. Deputy President of Senate.

PART 4

THF„ NATIONAL ASSF.MBI

  1. Composition or National Assen)bly.
  2. Qualifications and disqualifications for election to National Assctnbly 1 26. Speaker of Nat ional Assenobly.
  3. Deputy Speaker of National Assembly.

PART 5

OF MEMBERS OF PARI.(

  1. Oath of Menn ber of Parliament.
  2. Tenure of S'eat of Member of Parlian)ent.

PART 6

LFGIS}-ATIVF.           OTHER POWERS

  1. Powers and functions of Senate and National Assembly.

131 . Acts of Par[imnent and procedure tor their enactment.

  1. Comrnencernent of Acts of Pariiament.

1 33.of Acts of Parlian)ent. 134. Subsidiary legislation.

PART 7

PROCEDURE PARLIAMENT

  1. Head of Parli ament.

1 .36. Persons presiding in Parlianoellt. 137. Quorum in Parliarnent.

i 38. Voting and right of' audience in Parlianlent.

1 .39. Standing Orders.

  1. Presidential addresses and Inessages to Parliament.

141 . Public acces.s to and Involven)enl in Parlian)ent. 142 Validity of proceedings in Parlialnent.

PART 8

DUR                  Disson 'TION AND SITTINGS OF PARLIAMFNT

  1. Duration and dissolution of Parliannent-
  2. Genera: election resulting lion) dissolution of Parliament. i 45. First sitting ol' Parl ialnent fol lowing general election.
  3. Sittings and recess penods.
  4. Lapsing ol' Bills, petilions and other business on dissolution of Parlimnetit.

PART 9

GENERAL MATTERS REI                TO

  1. Privileges and illilnunities of Parliament.

49. Right to pelition Parliarnent.

  1. Venue ol' Parliament.

1 5 1 .011 Standing Rules and Orders.

  1. Parlianlentary Legal Conunittee.
  2. Remuneration of President of' Senate, Speaker and Members of Parliarnent.
  3. Clerk of and other staff.

CHAPTER 7 El FICTIONS

PART I ELECTORAL SYSTEMS AND 155. Principles of electoral syste)il.

  1. Conduct of elections and referendums. 157 Electoral Law.

PART 2 TIMING OF ELECTIONS

  1. Tiniing of elections.
  2. Filling of electoral vacancies.

PART 3

OF ELECTORAL BOUNDARIES

  • Number of constituencies and wards. 161 . I)elinoitatiotl of electoral boundaries.

CHAPTER 8

Turt JUDICIARY AND THE Cot ms

PART I 'THF COI SYSTEM

  1. .ludicial authority.
  2. The judiciary.

[64 Independence of iudiciary.

! 65 Principles guiding judiciary.

166 Constitutional COUII. 167. Jurisdiction of Constitutional Cotill[68. Suprelne Court.

  1. Jurisdiction of Suprel)le Court.
  2. High Court.

Jurisdiction ol' High Court.

172 _ Labour Court  Adlninistrative COUI•L.

i 74. C)ther courts and tribunals.

 

i 75 _ Powers of courts in constitutional njatters.

1 76. Inherent powers ol' Constitutional Court. Supreliie Court and High Court.

 

PART 2

APPOINTMENT            T ENURE OF MEMBERS OF

Section

  1. Quali fications judges of Constitutional Court.
  2. Qualifications of judges of Supreme Court.
  3. Qualifications of judges or High Court, I ,abour Court and
  4. Appoinllnent or judges.

18 1. Acting judicial appointrnents.

1 82. Appointment of njagistrates and other members ot- judiciary, 183. Judicial officers not to be appointed to luorc than one court. Judicial appointtncn(s (o reflect society.

18.5. ()atll of office.

  1. I*enure of officc of iti(lges,
  2. Reunoval of judges from office
  3. Conditions of service and tenure of nnembers of judiciary.

PART 3

J UDICIAI- SERVICF COMMISSION

  1. Establishment and of Judicial Service Commission.
  2. Functions of Judicial Service Commission.

19 1 . Faimess and transparency of proceedings of Judicial Service

GF,.NFRAI .

  1. Law to be adlninis(ered.
  2. Criniinal jurisdiction of courts.

CHAPTER 9

PRINCIPI ES OF PI  A            LF.ADFR.SEIP

  1. Basic values and principles governing public administration.
  2. State-controlled comrnercial entities.
  3. Responsibilities of public officers and principles of leadership
  4. rernl,s of office of heads of 20veT111nent-contr•olled enti ties
  5. Legislation to enlk)lce Chapter 9

CHAPFER IO

Ctvtl- SERVICE

  1. Civil Service.
  2. Conduct of members of Civil Service.

201 . Minister I-esponsible IOr Civil Service.

Establishinent and composition of Civil Service Commission.

Functions of Civil Service

Annbassador,s and other principal representatives of Zimbabwe.

  1. Petmanent Secretaries e

CHAPTER I I

SECURITY SERVICES

PART I

GIENF,RA!. PROVISIONS

Section

  1. National security.

Security services.

  1. Conduct oc Inenùbers of security services.

National Security Council.

  1. Independent complaints mechallislùù.

PART 2

l)efence Forces.

Function of Defence Forces.

21 3. Deploynellt of Defence Forces.

  1. Political accountability Cor deployn)ent of Defence Forces.
  2. Minister responsible {Or Defènce Forces.
  3. Command of Defence Forces.

2 17. Establishlnent and connposition of Defence Forces Service C01nn1ission. 2 1 8. Functions of l)eiènce Forces Service Commission.

PART 3

Por,tcr-. SF.RVfCF.

  1. Police Service and its (unctions.

Minister responsible for Police Service.

22  of Pol ice.

222 Establishl}lent and cornposition of Police Service Conliùùission. 223 Functions of Police Service Cornnùission.

PART 4

INTELLIGENCE SERV

204 Establishlnent ot intelligence services.

Minister responsible for national intelligence service. 226- Command or control of national intelligence service.

PART 5

PRI'soxs AXD CORRECT{OXAI SERN

Prisons and Correctional Service and its filnctions,

  • Vlinister lesponsible IOr Prisons and C01TectionaI Service.
  • Connmissioner-Genera[ of Prisons ancl Correctional SelNice-

Establishynent and coniposition of Prisons and Correctional Service ConMùùission.

23 } - Functions of Plisons and Correctional Service Connmission,

1                                                   'C%NSTITVTION ZMBABWE                                (INC)

CHAPTER 12

INDEPENDENT COMMISSIONS SUPPORTING DEMOCRACY

PART I

GENERAL,

Section

Independent Commissions.

  1. Objectives of independent Commissions234. Staff of independent Commissions.

235_ Independence of Commissions.

236 _ Men) bers of independent Commissions to be non-politicaL

Nppoi nonent and reguoval fronl office of tnctnbers of independent Conunissions.

PART 2

ZIMBABWE ELECTORAL COMMISSION

  1. Establishment and cornposition of Zinnbabwe Electoral Comnlission. Functions of Zin)babwe Electoral Cornmission.

24() Disqualifications ror appointinent to Zimbabwe Electoral Conunission.

  • . Zinlbabwe Electoral Cononli.ssion to report on elections and referendulns•.

PART 3

ZIMBABWE HUMAN RIGHTS COMMISSION

  • Establishnoent and connposition of Zillibabwe Human Rights Conunission.
  1. Functions of Zimbabwe Hunoan Rights Commission.
  2. Repons to and by Zilnbabwe Human Rights C01nmission.

PART 4

ZIMBABWE GENDER COMMISSION

  1. Establishinent and composition of Zimbabwe Gender Comn)ission.
  2. lnct ions of Zim babwe Gender Conunission. 247. Reports by Zin)babwe Gender Conunission.

PART 5

ZLMBABWE MEDIA COMMISSION

  1. Establishinent and composition or Zimbabwe M edia Commission.
  2. Functions of Zinnbabwe Media Commission.

Repons of Zimbabwe Media  -

PART 6

NATIONAL                AND RECONCILIATION COMMISSION

Establishment and composition of National Peace and Reconciliation Conlillission .

Functions of National Peace and Reconciliation Commission.

Reports ol' National Peace ancl Reconciliat ion

 

CHAPFER 13

INSTITI               TO COMBAT CORRUPTION AND CRIME

PART

ZIMBABWE ANTI-CORRUPTION COMMISSION

Section

254 _ Establishment and composition of Zimbabwe Anti-Corruption Con)tnission.

Functions or Zirnbabwe Anti-Cormption Commission.

Application of cenain provisions of Chapter 12 to Zinobabwe Anti-Corruption

Con)mission.

Repons by ZinÄbabwe Anti-Corruption Comnnissiom

PART 2

NATIONAL PROSECUTING At 'THORETY

Establishinent and functions of National Prosecuting Authority.

25    Prosecutor(iencral and other ofTicers.

  1. Independence Prosecutor-General-
  • ( N onduct of officers of National Prosecuting Authority.
  • Prosecutor-General to report annually to Parlialnent. 263. Other powers of prosecut ion.

CHAPTER 14

AND LOCAL Gos FRNMFXT

Preamble.

 

PART I

PRELIMINARY

  1. Devolution of' govelll mental powers and responsibilities.
  2. General principles of provincial and local governinellt,
  • Conduct of ernployees of provincial and

PRDVLNCF.S ANT) PROVINCIAL           METROPOLITAN COUNCILS

  • Provinces and districts of 268 Provincia[ councils.

Metropolitan councils.

  1. Functions of provincial and nnelropolitan councils.

27 1  Conunittees of provincial councils.

Chaimersons oc provincial councils.

27  _ General provisions relating to provincial and metropolitan councils.

PART 3

Loc M. GOVERNMENT

  1. Urban local authorities
  2. Local authorities [or rural areas.

276- Functions ol' local authorities277. Elections to local authorities.

  1. Tenure of sea(s ot- menibers of' local authorities.

o 79of' local authorities.

CHAPTER 15

TRADITIONAL LEADERS

Section

 

  1. Traditional leadership.

28 1 . Principles to be observed by traditional leaders.

  1. Functions of traditional leaders.
  2. Appointrnent and removal of traditional leaders.
  3. Rcrnuneration and benefits of traditional leaders.
  4. National Council and provincial assenmblies of Chiefs.
  5. Functions of National Council and provincial assenjblies of Chiefs. 28 -m Integrity and Ethics Committee.

CHAPTER 16

AGRICULTURAL LANI)

  1. Interpretation of Chapter 16.
  2. Principles guiding policy on agricultural land.
  3. Continuation of rights of State in agricultural land.
  4. Continuation of rights of occupiers of agricultural land.
  5. Security of tenure for occupiers of agricultural land.
  6. Alienation of agricultural land by State.

Alienation of agricultural land by owners or occupiers.

  1. Cornpensation for acquisition of previously-acquired aglicultural land.
  2. Establishment and composition of Zillibabwe Land Commission. 297. Functions of Zimbabwe Land Comlllission.

CHAPTER 17

FINANCE

PART I

FINANCIAL MANAGEMENT

Principles of public financial Inana o cnlent.

299 Parl ianlentary oversight of State revenues and expenditure.

  1. Lin)iLs of State borrowings, public debt and State guarantees.

Allocation ol' revenues between provincial and local tiers ol' government.

PART 2 CONSOIJDATIEI) IRFVFNtT Fl

302 Consolidated Revenue Fund.

  1. Withdrawals from Consolidated Revenue Fund.

Charges upon Consolidated Revenue FundPART 3

.At I TIIORIS             or EX' PF-NDlTtTRlE FROM COXSOIJDATFD REVENI T. Fl

Appropriations from Consolidated Revenue Fund. 306.  expenditure in advance or appropriation. 307. U nauthori sed expendi ture.

ION ZIMBABVE                              (N()                                                       No. I

PART 4

AFFGUARI)ING or PI              Ft          AND PROPERTY

Section

 

  1. l)uties of custodians ol' public funds and property.

PART 5

Al 'DITOR-GFNERAI

  1. Auditor-General and his or her functions.
  2. Appointinent of Auditor-General.

31 1 . Illdependence or Auditor-General.

3 12 IRemuneration of Auditor-General.

3 13. Rernoval of Auditor-General       office.

3 14. Si aff ol' Auditor-(ieneral -

PART 6

GENERAL

3 1 S Procurement and other governmental contracts. 3 16. Management of statutory bodies3 17. Reserve Bank of Zimbabwe.

CHAPTER 18

GENER ANT) SUPPLEMENTARY

PART I

GENERAL PROVISIONS AS TO COMMISSIONS

31 8. Application of Part l .

3 19. Comnnissions to be bodies corporate.

Melnbers•hip of Con)lnissions and conditions of service of 32 1 . Functions and procedure of Comnlissions.

322 Funding of Cornmissions.

  1. Con) In issions to report annually to Parliarnellt.

PART 2

GF.NF.RAI.

  1. Diligent performance of constitutional obligations.

Funding of constitutional bodies and other institutions.

1326 _ Custonuu•y internaliona[ [aw-

  1. International conventions. treaties and agreements.
  2. A Illendnoent of Constitution.
  3. ('01nmencenment ol' Constitution. transitional provisions and savings.

PART 3

INTERPRETATION

Application of Part 3-

General principEes of interpretation of the Consuitution332 Dclinitions.

References to Chapters, sections, etc.

Words in singuiar to inc[ude plural„ and vice versa.

Section

*335. Tables and headings336. Ref'erences to titne.

  1. References to holders of office. References to Parliament.
  2. Advice and consultation. Appointments.
  3. Resign ations.
  4. Exercise of functions, etc.
  5. person not regarded as holding public office.
  6. Quorum and effect ol' vacancies in constitutional bodies.
  • Inconsistencies between different texts of Constitution.

FIRST SCHEDULE: National Flag. National Anthem. National Coat of Arms and Public SeaL

SECOND SCHEDULE: Lilnitations on Rights During Public Ernergencies.

THIRD SCHEDULE: Oaths and Affimvations.

FOURTH SCHEDULE: Qualifications for voters.

FIFTH SCHEDULE: Procedure as to Bills and Other Matters in Parliament.

SIXTH SCHED(JLE: Con)mencernent of this Constitution, Transitional Provisions and Savings.

 

PREAMBLE

We (he people Q/' Zinzbahwe,

United in our diversity by our connnon desire for freedomn, justice and equality, and our heroic resistance to colonialis"ili racis'"l and all forms q/" domnination and oppression ,

E.valling and exlolling the brave jnen and }vonten M'h() sacrificed their lives during the Chhnurenga / [hnvukela and national liberation struggles,

Honouring our forebears and conzpatriots toiled c/br the progress' o/' our country,

Recognising the need to entrench denzocracy, good, transparent and accountable governance and the rule o/ lave,

Rea]Jlr111ing our conunitfnenl 10 upholding and de/&nding /itndamnenlal humnan rights and /heed01ns,

Acknoll'ledging the richness Q/ our natural resources,

Celebrating the vibrancv o/ our traditions and cultures

I)eternlined to overcorne al/ challenges and obstacles' that Dnpede our progress, Cherisl?ing equalitv, peace, jus'tice, tolerance, prosperity and patriotistn in search q/ new frontiers under a conunon destiny,

Acknowledging lhe suprelnacy of Almnighty God, in Il'/lose hands our /ilture lies,

Resolve hv the tenets' Q/ this Constitution to connnit ourselves to build a united. just and prosperous naiion, /bunded on values Q/ transparency, equalitv, /reedomn, friirness', lionesty and the dignitv Q/ Izard vpork• ,

And, imnploring the guidance and support Q/ Ahnighty God, hereby mnake this

(.'onsriiution and cotnnzit ourselves to it as the /itndamnental             q/ our            'Cd land.

CHAPTER I

FOUNDING PROVISIONS

1 The Republic

Zimbabwe is a unitary, democratic and sovereign republic.

2 Supremacy of Constitution

( l ) This Constitution is the supreme law of Zimbabwe and any law, practice, custorn or conduct inconsistent with it is invalid to the extent of the inconsistency.

(2) The obligations ilnposed by this Constitution are binding on every person, natural ()t• juristic. including the State and all executive, legislative and judicial institlltions and agencies of government at levels and tnnst be fulfilled bv then).

3 Founding values and principles

( I ) Zill)babwe is ('ounded on respect for the ik)llowing values and principles (a) suprelnacy of the Constitution:

  • the iTlle of law;
  • fundalnelltal human rights and freedoms;
  • the nation's diverse cultural, religious and traditional values; (e) recognition of the inherent dignity and wonh of each human being:
  • recognition of' the equality of all human beings:
  • gender equality;
  • good governance; and
  • recognition of and respect for the liberation stmggle.

(2 ) The principles of good govelllance, which bind the State and atl institutions and agencies of gove1T1ment at every level, include

  • a nullti-pany delnocratic political systenv,
  • an electoral systern based on
    • universal adult suffrage and equality of votes:
    • fair and regular elections; and (iii) adequate represelltation of the electorate; the orderly transfer of power follow'ing elections:
  • respect for the rights of all political parties;
  • observance ol' the principle of separation of powr ers:

respect [or the people of Zimbabwe. [rom whom the authority to govelT1 is derived;

  • justices accountability and responsiveness:
  • the fostering of national unity, peace and stability. with due regarcl to diversity of languages, custornary practices and traditions; (i) recognition of the rights 01?
  • ethnic% racial. cultural, linguistic and religious o roups:

(ii) persons with disabilities; the elderly. youths and children: (iv) veterans of the liberation struggle; the equitable sharing ol' national resources, including land: (k) due respect for vested rights; and

(l) the devolution and decentralisation of governmental power and functions.

4 National Flag, National Anthem, Public Seal and Coat of Arms

Zimbabwe has a National Flag, a National Anthenl, a Coat of At-nis and a Public Seal, which are set out in the First Schedule.

5 Tiers of government

The tiers of government in Zimbabwe are— (a) the national Govemrnent;

  • provincial and tnetropolitan councils; and
  • local authorities, that is to say—
    • urban councils. by whatever nan)e called, to represent and manage the affairs of people in urban areas; and
    • rural councils. by whatever name called. to represent and Inanage the affairs of people in rural areas within the districts into which the provinces are divided.

6 Languages

( l ) The following languages, namely Chewa. Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele. Shangani, Shona, sign language, Sotho, Tonga, I'swana, Venda and Xhosa, are the officially recognised languages of Zillibal)ive.

  • -Act of Partianwnt Inay prescri be other languages as officially recognised languages and Inay prescribe languages 01 record.
  • "[he State and all institutions and agencies of government at every level must—

(a) ensure that all officially recognised langua ges are treated equitably, and (b) take into account the language preferences of people affected by governmental Jneasures or communications.

(4) The State n)ll.st pro]note and advance the use of all languages used in Zin)babwe, including sign language, and Inust create conditions for the developrnent of those languages.

7 Promotion of public awareness of Constitution

The State Illust promote public awareness of this Constitution, in panicular by

(a) translating it into all officiallv reeo o niscd langua oes and disseminating it as widely as possible:

requiring this Constitution to be taught in schools and as part ol' the culTicula for the training of tnernbers of the security services. the Civil Sewice and tnembers and employees ol' public institutions; and

(c)    encouraging all persons and organisations, includin civic organisations, (o disselninate awareness and knowledge of this Constitution throughout society.

 

CHAPTER 2

NATIONAL OBJECTIVES

8 Objectives to guide State and all institutions and agencies of government

( l ) The objectives set out in this Chapter guide the State and all institutions and agencies of government at every level in formulating and implementing laws and policy decisions that will lead to the establishment, enhancement and promotion of a sustainable, just. free and deniocratic society in which people enjoy prosperous, happy and fulfilling lives.

(2) Regard must be had to the objectives set out in this Chapter when interpreting the State's obligations under this Constitution and any other law.

9 Good governance

( l ) The State rnust adopt and implement policies and legislation to develop efficiency, competence, accountability, transparency, personal integrity and financia! probity in all institutions and agencies of government at every levet and in every public institution. and in particular—

  • appointments to public offices Illust be Inade privnarily on the basis of

Inerit•,

  • measures must be taken to expose, combat and eradicate alt forms of corruption and abuse of power by those holding political and public offices.

(2) The State Illust ensure that all institutions and agencies of government at every level, in particular Con)lnissions and other bodies established by or under this Constitution, are provided with adequate resources and facilities to enable thenl to out their functions conscientiously, fairly, honestly and cf(icicntly.

10 National unity, peace and stability

The State and every person, including juristic persons, and every institution and agency of govermnent at every level, rnust promote national unity, peace and stability.

11 Fostering of fundamental rights and freedoms

The State Inust take all practical measures to protect the fundalnental rights and frccdotns enshrined in ('thapter 4 and to prornote their full realisation and Cullittnen{

12 Foreign policy

( ! ) The foreign po[icy of "Lirnbabwe must be based on the 10110wing principles

(la) the pron10tion and protection of the national interests of Zinnbabwe;

  • respect for intemational law;
  • peace(lll co-existence with other nations; and
  • the settlement of international disputes by peaceful means.

(2) The State nul.st promote regional and pan-African cultural. economic and political cooperation and integration and Inust participate in internationa and regional organistitions that stand for peace and the well-being and progress of the region. the continent and hi] Inanity.

N

13 National development

( l ) The State and all institutions and agencies of govenmÄent at every level must endeavour to facilitate rapid and equitable development. and in particular must take Ineasures to—

  • promote private initiative and self-reliance;
  • foster agricultural, conunercial, industrial, technological and scientific deve lopment; foster the developnjent of industrial and commercial entemrises in order to einpower Zimbabwean citizens; and

(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the developnent of Illra[ and urban areas-

  • Measures referred to in this section must involve the people in the ['ornitllatiotl and implenrntation developnnent plai1S and that affect them.
  • Measures referred to 'in this section nmust protect and enhance the right of the people. particularly wonlen, to equal opportunities in development.
  • The State Illust ensure that local conununities benefit from thc resources in their areas.

14 Empowerment and employment creation

endeavour to facilitate and take measures to einpower, through appropriate, transparent. fair and just affirntative action, all Inarginalised persons, groups and comrnunities in Zimbabwe.

(2) At all tinies the State and all institutions ancl agencies of govenunent at every Level Illust ensure that appropriate and adequate Ineasures are undertaken to create enmploynent for all Zimbabweans, especially women and youths.

15 Food security

The State Illust—

  • encourage people to grow and store adequate food;
  • secure the establishment of adequate food reserves; and
  • encourage and pron10te adequate and proper nutrition through Inass education and other appropriate Illeans.

16 Culture

(I l ) The State and all institutions and agencies govelnment at every levei nmust pronoote and preserve. cultura[ values and practices which enhance the dignity. well-being and equality of Zimbabweans.

  • The State and all institutions and agencies of' government at every [evec and all Zillibabwean citizens, endeavour to preserve and protect
  • The state and all institutions and agencies of government at every level must take Ineasures to ensure due respect [Or the dignity of traditional institutions.

17 Gender balance

( I ) The State lnus•t gender balance in Zitnbabwean society. and ill particu

  • the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
  • the State must take all measures, including legislative measures, needed to ensure that—
    • both genders are equally represented in all institutions and agencies of govemment at every level; and
    • wolnen constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament; and the State and all institutions and agencies ol' government at every level must take practical measures to ensure that wolnen have access to resources. including land, on the basis of equality with men.

(2) The State must take positive measures to rectify gender discrimination and imbalances resulting frorn past practices and policies.

18 Fair regional representation

( I ) The State must promote the fair representation of all Zimbabwe's regions in all institutions and agencies of government at every level.

(2) The State and all institutions and agencies of the State and government at every level must take practical measures to ensure that all local coinmunities have equitable access to resources to promote their development.

19 Children

( I ) The State must adopt policies and 'measures to ensure that in matters relating to children. the best interests of the children concemed are pararnount.

(2) The State must adopt reasonable policies and measures, within the lilnits of the resources available to it, to ensure that children —

  • enjoy falhily or parental care, or appropriate care when removed Iron) the family envi.ronrnent;
  • have shelter and basic nutrition, health care and social services; (c) are protected from maltreatment, neglect or any form of abuse; and (d) have access to appropriate education and training.

(3) The State must take appropriate legislative and other Ineasures— (a) to protect children from exploitative labour practices: and

(b) 10 ensure that children are not required or pern)itted to perform work or provide services that

  • are inappropriate for the children's age; or
  • place at risk the children's well-being, education. physical or mental health or spiritual, moral or social developnen[.

20 Youths

( l ) The State and all institutions and agencies ol' govemmem at every level

Illust take reasonable measures, including affirmative action pr02rarnmes, to CIISUVC [hat youths, that is (o say people betwccn (he ages of fif(ccn and thirty-five years (o) have access to appropriate education and training.

  • have opportunities to associate and to he represented and participate in political, social. econonlic and other spheres ()t' life:

.20

 

  • are afforded opportunities for employment and other avenues to economic enlpowerment•,
  • have opportunities for recreational activities and access to recreational facilities: and
  • are protected from harmful cultural practices. exploitation and all forrns of abuse.

(2) An Act of Parlialnent nvay provide for one or Inore national youth program vnes.

(.3) Measures and prograrnmes referred to in subs'ections ( l ) and (2) noust be inclusive, nonpartisan and national in character.

21 Elderly persons

( I ) The State and all institutions alid agencies of goveftllnell[ at every level Illust take reasonable Ineasures, including legislative nieasures„ to secure respect, suppoll and protection for elderly persons and to enable thenl to participate in the lilé of [heir cominunities.

(2) The State and all institutions and agencies of government at every level tnust endeavour, within the limits of the resources available to then)—

(a) to encourage elderly persons to participate fully in the affairs of society; (b) to provide facilities, food and social care for elderly persons who are in need: (c) to develop progranomes to give elderly persons the oppofl.unity to engage in productive activity suited to their abilities and consistent with their vocations and desires; and

(d) to [Oster social organisations aimed at ilnproving the quality of lilé oi elderly persons.

22 Persons with disabilities

( l ) The Slate and ali institutions and agencies of govenunent at every level nul.st recognise the rights of persons with physical or Inental disabilities, in particular their right to be treated with respect and dignity.

  • The State and all institutions and agencies ol' govemnnent at every level within the kinoits of the resources available to then), assist persons with physical or nrntal disabilities to achieve their full potential and to Ininimise the disadvantages suffered by them.
  • In panicularq the State and all institutions and agencies ol' governnnent al every level nil.]st
  • develop programmes for the welfare of persons with physical or noental disabilit ies. especially work progralnmes consistent with their capabilities and acceptable to them or their legal representatives;
  • considcr the specific requi renucnt,s ol' persons all torms of disabilift as one ol' the priorities in development plans;
  • encourage the use and developrnent of l'orms of co!nnnunication suitable ['or persons with physical or mental disabilities: and foster social organisat ions at ilnproving the quality of life of persons with all forms of disability.

(4) The Stale must take appropliate measures to enstll? that buildings and anoellilies to which the public has access are accessible to persons with disabilitiesm

23 Veterans of the liberation struggle

( l ) fte State and all institutions and agencies of governinent al every level must accord due respect, honour and recognition to veterans of the liberation stmggle. that is to sav —

  • those who fought in the War of Liberation;
  • those who assisted the fighters in the War of I Jiberation•, and
  • those who were imprisoned, detained or restricted for political reasons during the liberation struggle.

(2) The State must take reasonable measures, including legislative measures. for the welfare and economic ernpowerment of veterans of the liberation struggle.

24 Work and labour relations

( I ) The Stale and all institutions and agencies of govelllmeni at every level must adopt reasonable policies and measures, within the limits of the resources available to then), to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for thernsel ves and their t•amilies.

(2) -Ihe State and all institutions and agencies of government at every level must endeavour to secure

  • full employment;
  • the reinoval of restrictions that unnecessarily inhibit or prevent people from working and otherwise engaging in gainful economic activities:
  • vocational guidance and the development of vocational and training progranunes, including those for persons with disabilities; and
  • the implementation of measures such as family care that enable wonnen to enjoy a real opportunity to work.

25 Protection of the family

The State and all institutions and agencies of governtnent at every level must protect and foster the institution of the fanlily and in particular must endeavour, within the limits of the resources available to them, to adopt measules for—

(a) the provision of care and ass'istance to ni0thers, fathers and other fan)ily members who have charge of children; and (b) the prevention of donlestic violence.

26 Marriage

The State jnust take appropriate measures to ensure that no marriage is entered into without the free and full consent of the intending spouses; children are not pledged in Inarriage;

(c) there is equality rights and obligations of spouses during marriage and at its dissolution: and in the event of dissolution of a nvarriage, whether through death or divorce, provision is Inade for the necessary protection of any chi {dren and spouses.

27 Education

( I ) The State take all practical measures to free and con)pulsory basic education I-or children; and

(b) higher and tertiary education.

(2) The State Inust take Ineasures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels.

28 Shelter

The State and all institutions and agencies of governnlent at every level ynus•t take reasonable legislative and other measures, within the limits of the resources available to them, (o enable every person to have access to adequate shelter.

29 Health services

( I ) The State must take all practical Ineasures to ensure the provision of basic. accessible and adequate health services throughout Zimbabwe.

  • The State must take appropriate, fair and reasonable measures to ensure that no person is refused ernergency Inedical treatinent at any health institution.
  • The State Inust take ail preventive Ineasures within the lili1its of the resources available to it. including education and public awareness progral)1mes. against the spread of disease.

30 Social welfare

The Stale nutst take all practical measures. within the limits of the resources available to it, to provide social security and social care to those who are in need.

31 Legal aid

The State must take all practical Ineasures, within the limits of the resources available to it. to provide legal representation in civil and crinünal cases for people who need it and are unable to afford legal practitioners of' their choice.

32 Sporting and recreational facilities

The State Inust take all practical Ineasures to encourage sporting and recreational activities, including the provision of sporting and recreational facilities for all people

33 Preservation of traditional knowledge

The State must take measures to preserve, protect and pron)0te indigenous knowledge including knowledge of the medicinal and other properties of anil)Y11 and plant lite possessed by local co;nmunities and people.

34 Domestication of international instruments

The State must ensure that all international conventions. treaties ancl agreements to which Zimbabwe is a pally are incorporated into domestic law.

CHAPTER 3

C!Tf7.FNS11tP

35 Zimbabwean citizenship

( I ) Persons are Zin)babwean citizens by birth, descent or registration .

  • All Zimbabwean citizens are equally entitled to the rights. privileges and benclils ol' citizenship aud arc equally subject 10 (he dulies and obligations of citizenship.

 

  • All 7,imbabwean citizens arc entitled to the following rights and benefits, in addition to any others granted to them by law
  • to the protection of the State wherever they nvay be;
  • to passports and other travel documents; and
  • to birth certificates and other identity doculnents issued by the State.

(4) Zimbabwean citizens have the following duties, in addition to any others imposed upon them by law

  • to be loyal to Zimbabwe;
  • to observe this Constitution and to respect its ideals and institutions; (c) to respect the national flag and the national anthem; and

(d) to the best of their ability, to defend Zimbabwe and its sovereignty.

36 Citizenship by birth

( I ) Persons are Zimbabwean citizens by birth if they were born in Zirnbabwe and. when they were born—

  • either their mother or their father was a Zirnbabwean citizen; or
  • any of their grandparents was a Zil)lbabwean citizen by birth or descent.

(2) Persons born outside Zimbabwe are Zirnbabwean citizens by billh when they were bom, either of their parents was a Zimbabwean citizen and—

  • ordinarily resident in Zimbabwe; or
  • working outside Zimbabwe for the State or an international organisation.

(3) A child found in Zinlbabwe who is, or appears to be, less than fifteen years of age. and whose nationality and parents are not known, is presumed to be a Zimbabwean citizen by billh.

37 Citizenship by descent

Subject to section 36(2), persons born outside Zimbabwe are ZilDbabwean citizens by descent if, when they born—

  • either of their parents or any of their grandparents was a Zil)lbahwean citizen by bilth or descent; or
  • either ol' their parents was a Zimbabwean citizen by registration; and the birth is registered in Zimbabwe in accordance with the law re[ating to the registration ot' birlhs

38 Citizenship by registration

( l ) Any person who has been rnarried [o a Zimbabwean citizen tor at least live years, •tvhcther bcforc or after the effective date, and who satisfies the conditions prescribed by an Act of Parlimnent, is entitled. on application, to be registered as a Zin)babwean citizen,

  • Any person who has been continuously and lawfully resident in Zinmbabwe for at Icast ten years, whcthcr bcl'orc or after the cl'toctivc date, and •,vho satisfies the conditions prescribed by an Act of Parliarnetmu is entitled, on application, to be registered as Zimbabwean citizen.
  • A child who is not a Zin)babwean citizen, but is adopted by a Zimbabwean citizen, whether before or after the effective date, is entitled, on application, [o be registered as a ZilDbabwean citizen.

39 Revocation of citizenship

(l ) Zimbabwean citizenship by registration may be revoked if—

  • the person concerned acquired the citizenship by fraud. false representation or concealment a material fact; or
  • during a war in which Zimbabwe was engaged, the person concerned unlawfully traded or communicated with an enemy or was engaged in or associated with any business that was knowingly cajTied on so as to assist an enemy in that war.

(2) Z,ilnbabwean citizenship by' birth Inay be revoked if

  • the citizenship was acquired by fraud false representation or concealment ot a material fact by any person; or
  • in the case of a person referred to in section 36(3). the person 's nationality or parentage becomes known, and reveals that the person was a citizen of another country.

(3) Zimbabwean citizenship nul.st not be revoked under this section if the person would be rendered stateless.

40 Retention of citizenship despite marriage or dissolution of marriage Zilnbabwean citizenship is not lost through marriage or the dissolution of maniage.

41 Citizenship and Immigration Board

An Act of Parliament Inust provide for the establishment of a Citizenship and Inunigration Board consisting or a chairperson and at least two other men)bers, appointed by the President, to be responsible for--

  • granting and revoking citizenship by registration;
  • pennitting persons. other than citizens. to reside and work in and fixing the tertns and conditions under which they [nay so reside and work; and
  • exercising any other functions that Inay be confé1Ted or irnposed on the Board by or under an Act of Parlian)ent.

42 Powers of Parliament in regard to citizenship

An Act of Parliarnent lilay nyake provision. consistent with this Chapter, for — (a) procedures by which Zimbabwean citizenship by registration Inay be acquired;

  • the voluntary renunciation of Zillibabwean citizenship;
  • procedures for the revocation ol' Zimbabwean citizenship by registralion: the restoration of Zilnbabwean citizenship:

(e) the prohibition of dual citizenship in respect ol' citizens by descent or registration; and

(l)    generally giving effect to this Chapter.

43 Continuation and restoration of previous citizenship

( l ) Every person who, ilnmediate[y belOre the publication day, was a Z,hnbabwean citizen continues to be a Zimbabwean citizen after that date.

(2) Every person who was born in Zinlbabwe before the publication day is a Zinnbabwean ci! i7.en by; billh if

  • one or both of his or her parents was a citizen of a country which became a niember of the Southern African Developnent Community established by the treaty signed at Windhoek in the Republic of Nannibia on the 1 7th August. 1992; and
  • he or she was ordinarily resident in Zimbabwe on the publication day.

CHAPTER 4

DECLARATION OF RIGHTS

PART I

AVPI.ICATION AND INTERPRETATION or CHAPTER 4

44 Duty to respect fundamental human rights and freedoms

The State and every person, including juristic persons, and every institution and agency of the government at every level nonst respect, protect, promote and fulfil the rights and freedoms set out in this Chapter.

45 Application of Chapter 4

( l ) This Chapter binds the State and all executive. legislative and judicial institutions and agencies of governtnent at every level.

  • This Chapter binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature of the right or freedom concerned and any duty imposed by it.
  • Juristic persons as well as natural persons are entitled to the rights and freed01ns set out in this Chapter to the extent that those rights and freedons can appropriately he extended to them.

46 Interpretation of Chapter 4

( l ) When intemreting this Chapter, a court, tribunal, f0111m or body

Inust give full effect to the rights and freedoms enshrined in this Chapter:

  • must prornote the values and principles that underlie a dernocratic society based on openness, justice, human dignity, equality and freed01D, and in particular, the values and principles set out in section 3;
  • st take into account international law and ali treaties and conventions to which Zimbabwe is a party;

Illust pay due regard to all the provisions of this Constitution. in particular the principles and objectives set out in Chapter 2: and

(e) may consider relevant iöreign law; in addition to considering alt other relevant factors that are to be taken into account in the interpretation of a Constitution.

(2) W'hen intemreting an enactment. and when developing the coil)mon law and custonvary law, every court. tribunal. IOrum or body must promote and be guided bv the spirit and objectives of this Chapter.

47 Chapter 4 does not preclude existence of other rights

This Chapter does not preclude the existence of other rights and freedonus Ihat 'nay be recognised or conferred by law, to the extent that they are consistent with this Constitution.

 

PART 2

FUNDAMENTAL Ht 'MAN RIGHTS* AND FREEDOMS

48 Right to life

( l ) Every person has the right to life-

(2) A law Il)ay pern)it the death penalty to be ilnposed only on a person convicted Inurder committed in aggravating circulnstances, and —

  • the law noust pennit the coun a discretion whether or not to impose the penalty;
  • the penalty luay be carlied out only in accordance with a final judginent of a coinpetent court:
  • the penalty must not be imposed on a person
    • who was tess than twenty'-one years old when the offence was conimitted; or
    • who is rnore than seventy years old:
  • the penalty Inust not be imposed or calTied out on a wolnan•, and
  • the person sentenced must have a right to seek pardon or commutation of the penalty from the President.

(3) An Act of Parliament Illust protect the lives of unborn children, and that Act Illust provide that pregnancy niay be terminated only in accordance with that law.

49 Right to personal liberty

( I ) Every person has the right to personal liberty, which includes the right — (a)              not to be detained without tiial; and

(b) not to be deprived ol' their liberty arbitrarily or without just cause.

(2) No person Ina)' be i:nplisoned Inercly on the ground of inability to fulfil d contractual obligation.

50 Rights of arrested and detained persons

( l ) Any person who is an•ested —

  • rnUSt be infonned at the time of arrest of the reason for the arrest;
  • Inust be pennitted. without delay

(i) at the expense of the State. to contact their spouse or partner, or a relative or legal practitioner. or anyone else of their choice: and  at their own expense. to consult in Plivate with a legal practitioner and a medical practitioner of their choice; and must be informed 01" this right pronoply:

Inust be treated hunvanely and with respect            their inherent dignivy;

  • noust be released unconditionally or on leasonable conditions, pending a charge or trial. unless there are compeliing reasons justifying their continued detention; and
  • before a COUN and nnust be released pronoptly if the arrest is unlawilll.
  • Any person who is arrested or detained for the purpose of bringing hilli or her before a coun•, or (b) for an alleged offence:

and who is not released njust be brought before a court as SOOII as possible and in any event not later than forty-eight hours after the arrest took place or the detention began. as the case rnay be. whether or not the period ends on a Saturday, Sunday or public holidav.

  • Any person who is not brought to court within the fortyæight hour period referred to in subsection (2) must be released inmoediately unless their detention has earlier been extended by a competent court.
  • Any person who is arrested or detained for an alleged offence has the right — to reniain silent:

(b) to be informed pronnptly—

  • of their right to remain silent; and
  • of the consequences of remaining silent and of not rernaining silent; (c) not to be compelled to make any confession or and at the first cour-t appearance after tRing anested, to be charged or (o be infOrmed of the reason why their detention should continue, or to be released.

(5 ) Any person who is detained, including a sentenced prisoner. has the right

  • to be informed promptly' of the reason for their being detained;
  • at their own expense to consult in private with a legal practitioner of their choice. and to be informed of this right promptly;
  • to communicate with, and be visited by
    • a spouse or partner;
    • a relati ve•,
  • their chosen religious counsellor•,
  • their chosen legal practitioner;
  • their chosen niedical practitioner; and
  • subiect to reasonable restrictions ilnposec[ for the proper administrat ion ol' prisons or places of detention, anyone else of their choice;
  • to conditions of detention that are consistent with human dignity, including

adequate acconunodation, abl ution faci lities, personal hy giene , nutrition, appropriate reading nvaterial and Inedical treatment; and

  • to challenge the lawfulness of their deterition in person before a court and, if the detention is unlawful, to be released projnptly

(6) Any person who is detained pending trial an alleged offence anci is not tried within a reasonable time Illust be released fron) detention, either unconditionaily or on reasonable conditions to ensure that after being released they

  • attend trial;
  • do not interfere with the evidence 10 be given at the trial; and (c) do nol commit any other offence before the trial begins.

(7) If there are reasonable grounds to believe that a person is being detained illezaly or if il is not possible to ascertain the whereabouts of a detained person. any person may approach the High COLIFt [or an order

  • of habeas corpus, that is to say an order requiling the detained person to be released, or io brot12ht be10re the court [Or the lawfülness of the detention to be justified, or æquiling the whereabouts of the detained person to be disclosed or
  • declaring the detention to be illegal and ordering the detained person's pronopt release; and the High Court may nvake whatever order is appropriate in the circunjstances.
  • An arrest or detention which contravenes this section, or in which the conditions set out in this section are not met, is illegal
  • Any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the alTest or detention, but a law Inay protect the following persons from liability under this section—

(a) a judicial officer acting in a judicial capacity reasonably and in good faith; (b) any other public officer acting reasonably and in good railh and without culpable ignorance or negligence,

51 Right to human dignity

Every person has inhetaent dignity ill their private and public life. and the right io have that dignity respected and protected.

52 Right to personal security

Every person has the right to bodily and psychological integrity, which includes the right—

  • to from all forms of violence from public or private sources;
  • subject to any other provision of this Constitution. to make decisions concellling reproduction;
  • not to bc subjected to Inedical or scientific experilnents, or to thc extraction or use of their bodily tissue, without their inforlned consent.

53 Freedom from torture or cruel, inhuman or degrading treatment or punishment

No person rnay be subiected to physical or psychological torture or to cruel. inhunutn or degrading treatinent or punishment.

  • Freedom from slavery or servitude

No person Inay be subjected to slavery or servitude.

  • Freedom from forced or compulsory labour

No person may be made to perforn) forced or compulsory labour.

56 Equality and non-discrimination

( l ) All persons are equal before the taw and have the right to equal protection and benefit ol- thc Ian.

  • Women and Inen have the right to equal treatment. including [he right to equal opportunities in political, economic. cultural and social spheres.
  • Every person has the right not to be treated in an unfairly discrinlinalor_v manner on such grounds as their nationality, race, colour. tribe, place of birth, elhnic or social origin, language, class, religious belief, political affiliation, opi nion, cust0111, gender. status. age, disability or econonoic or social status, or whether they were born in or out ol' wedlock.
  • A pelson is treated in a disclimiwatory manner Ibr the purpose of subsection (3

if

 

  • they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or
  • other people are accorded directly or indirectly a privilege or advantage which they are not accorded.
  • Discrinlination on any of the grounds listed in subsection (3) is unfair unless it is established that the discri mination is fair, reasonable and justifiable in a detnocratic society based on openness, justice, human dignity, equality and I'reeclorjL
  • The State Illust take reasonable legislative and other rneasures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination , and

(a) such measures must be taken to redress circumstances of genuine need: (b) 110 such measure is to be regarded as unfair for the purposes of subsection

57 Right to privacy

Every person has the right to privacy, which includes the right not to have — (a) their home. prennises or property entered without their permission;

  • their person, h01ne, prennises or propeny searched;
  • their possessions seized;
  • the privacy of their comnlunications infringed; or (e) their health condition disclosed.

58 Freedom of assembly and association

( I ) Every person has the right to freedom of asselnbty and association, and !.he right not to assenlble or associate with others.

(2) No person nury be compelled to belong to an association or to attend a Ineeting or gathering.

59 Freedom to demonstrate and petition

Every person has the right to deinonstrate and to present petitions, but these •rights nutst be exercised peacefully.

60 Freedom of conscience

(l) Every person has the right to freedom of conscience * which includes— (a) freedom of lhought. opinion. religion or beliefl and

(h) freedonn to practise and propagate and give expression to their thought* opinion, religion or belief. whether in public or in private and whether alone or together with others.

  • No person may be compelled to take an oath that is contrary to their religion or bel ief or to take an oath in a manner that is contrary to their religion or belief.
  • Parents and guardians of minor children have the right to deternline, in accordance with their beliefs, the nujral and religious upbringing of their children. provided they do not prejudice the rights to which their children are entitled under this Constitution, including their rights to education, health. safety and welfare.
  • Any religious community may establish institutions where religions instruction
    ay bc given. if the institution receives a subsidy or 01 her (i nancial assistance the State-

61 Freedom of expression and freedom of the media

( l ) Every person has the right to freedom of expression, which includes— freedom to seek, receive and communicate ideas and other information; (b) freedotll of affistic expression and scientific research and creatii ity•, and (c) academic freedom.

  • Every person is entitled to freedom of the media, which freedom includes protection of the con fidentiality of journalists' sources of information.
  • Broadcasting and other electronic Inedia of comnutnication have freedom ol' establishinent, subject only to State licensing procedures that
  • are necessary to regulate the airwaves and other fornns of signal distribution; and
  • are independent 01s control by goverlllnenl or by political or con Illiercial

(4) All State-owned media of conununication must—

  • be flee to deternline independently the editorial content of their broadcasts or other conMnunications;
  • be impartial; and
  • afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5) Freedom of expression and freedom of the Inedia exclude incitelnent to violence;

  • advocacy of hatred or hate speech;
  • malicious injury to a person •s l'eputation or dignity; or
  • Inalicious or unwarranted breach of a person's right to privacy.

62 Access to information

( I ) Every Zin)babwean citizen or pernmnent resident, including juristic persons and the Zilnbabwean Inedia, has the right of access to any' inforrnation held by the State or by any Institution or agency of govelnnlent at every level , in so f ar as the infOr1nation is required in the interests of public accountability.

  • Every person, including the Zillibabwean media. has the right of access to any information held by any person, including the State, in so far as the infornurtion is required l'or the exercise or protection of a right.
  • Every person has a right 10 the cowection of inlOrlnati011, or the deletion of untille erroneous or misleading inlörmation which is held by the Stale or any institution or agency of the government at any level. and which relates to that person.
  • Legislation Illust be enacted to give effect to this richt, but may restrict access to infortuation in the intcrcsts of dcCence, public security or pro[essional colitidcntiality. to the extent that the restliction is Cair, reasonable, necessary and justi fiablc in a clemocratic society based on openness, justice. human dignity, equality and [i•eedom.

63 Language and culture

Every person has the right—

  • to use the language of their choice: and
  • to participate in the cultural life of their choice;

but no person exercising these rights may do so in a way that is inconsistent with this Chapter.

64 Freedom of profession, trade or occupation

Every person has the right to choose and carry on any profession. trade or occupation, but the practice of a profession. trade or occupation may be regulated by law.

65 Labour rights

( l) Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

  • Except for members of the security services, every person has the right to form and join trade unions and eznployee or employers' organisations of their choice. and to participate in the lawful activities of those unions and organisations-
  • Except for members of the security services. every employee has the right to panicipate in collective job action, including the right to strike , sit in, withdraw their labour and to take other similar concerted action. but a law nuty restrict the exercise of this right in order to nvaintain essential services.
  • Every employee is entitled to just, equitable and satisfactory conditions of work.
  • Except for Inenlbers of the security services, every employee, en•rployer, trade union, and employee or enlployer's organisation has the right to— (a) engage in collective bargaining',
  • organise; and
  • form and join federations of such unions and organisations.
  • Women and men have a right to equal remuneration for similar work.
  • Women employees have a right to fully paid maternity leave for a period of at least three months.

66 Freedom of movement and residence

( I ) Every Zilnbabwean citizen has— (a) the right to enter Zimbabwe;

  • immunity from expulsion from Zimbabwe; and
  • the right to a passport or other travel document.

(2) Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to

  • move freely within Zimbabwe:
  • reside in any part of Zimbabwe; and (c) leave Zimbabwe.

67 Political rights

( l ) Every Zinlbabwean citizen has the right

(a) to l'rcc, fair and regular elections for any elective public office established in tenns of this Constitution or any other law; and (b) to nmake political choices freely.

(2) Subiect to this Constitution, every Zimbabwean citizen has the righ—

 

  • to form, to join and to participate in the activities of a political party or organisation of their choice:
  • to campaign freely and peacefully for a political party or cause:
  • to participate in peaceful political activity; and
  • to participate. individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to in fluence, challenge or support the policies of the Ciovemment or any political or whatever cause.

(3) Subject to this Constitution. every Zimbabwean citizen who is of or over eighteen years of age has the right

  • to vote in all elections and referendunls to which this Constitution or any other law applies, and to do so in secret; and
  • to stand for election for public of*tice and, if elected, to hold such office.

(4) For the purpose ol' promoting nnulti+pally democracy I an Act of Parl iannent must provide for the funding of political pat-ties.

68 Right to administrative justice

( I ) Every person has a right to administrative conduct that is lawful, pronnpt, efficient, reasonable, propoflionale, ilnpallial and both substanti vely and procedurall y fair.

  • Any person whose •right, freedom, interest or legitimate expectation has been adversely affected by adlüinistrative conduct has the right to be given pronlptly and in writing the reasons for the conduct.
  • An Act of Parliament Illust give effect to these rights, and Inust— (a) provide for the review of administrative conduct by a court or, where appropriate, by an independent and impartial tribunal;
  • illipose a duty on the State to give effect to the rights in subsections ( l ) and (2): and
  • protnote an efficient administration.

69 Right to a fair hearing

( l) Every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and iynpartial court.

  • In the determination of civil rights and obligations. every person has a light to a fair, speedy and public healing within a reasonable tin)e before an independent and court, tribunal or other forum established by law.
  • Every person has the right of access to the courts, or to son)e other Iribunal
  • Every person has a right. at their own expense, to choose and be represented by a legal practitioner before any COUH, tribunat or forum.

70 Rights of accused persons

( I ) Any person accused of an offence has the following rightsto be presumed innocent until proved guilty:

  • to bc infonncd prolnp(ly or (he charge, in sutTicien( detail (o enable thC111 to answer it;
  • to be given adequate time and racilities to prepare a detence•,

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

  • to be represented by a legal practitioner assigned by the State and at State expense, il' substantial injustice would otherwise result;
  • to be infonned promptly of the rights conferred by paragraphs (d) and

(e); to be present when being tried;

  • to adduce and challenge evidence;
  • to rejnain silent and not to testify or be compelled to give self-incriminating evidence; to have the proceedings of the trial interpreted into a language that they understand:

not to be convicted of an act or omission that was not an offence when it took place; not to be convicted of an act or onlission that is no longer an offence;

  • not to be triecl for an of'fence in respect of an act or omission for which they have previously been pardoned or either acquitted or collvictecl on the Inerits;
  • to be sentenced to the lesser of the presetibed punishments if the prescribed punishlneryt for the offence has been changed between the tirne the offence was committed and the tin)e of sentencing.

('2) Where this section requires information to be given to a person—

  • the in forination must be given in a language the person understands; and
  • if the person cannot read or write, any document embodying the information rnust be explained in such a way [hat the person understands it.
  • In any criminal trial. evidence that has been obtained in a manner that violates any provision of this Chapter must be excluded if' the adlnission ol' the evidence would render the trial unfair or would otherwise be detrimental to the adrnillistration ol' justice or the public interest.
  • Any person who has been tried for an offence has the right, on pay Inent of a reasonable fee prescribed by law, to be given a copy of the record of the proceedings within a reasonable tinie after judgrnent is delivered in the trial.

(.5) Any person who has been tried and convicted of an offence has the right , subject to reasonable restrictions that may be prescribed by law, to— (a) have [he case reviewed by a higher court; or

(b) appeal to a higher court azainst the conviction and sentence-

71 Property rights

( l ) In this section

'pension benefi t" Incans a pension, annui [y, gratuity or signilar allowancc which is payable

  • to any person the Consolidated Revenue Fund;
  • in respect of a person's service with an employer;
  • in respect of a person's ill-health or injury, or
  • in respect of a person's retirement through age or ill-health or any other reason:

and includes a commutation of such a pension. annuity, gratuity or allowance and a ret-und of contributions paid towards such a pension, annuity, gratuity or allowance; property" Ineans property of any description and any right or interest in properly.

  • Subject to section 72. every person has the right, in any part of Zilnbabwe. to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others-
  • Subject to this section and to section 72, no person may be cornpulsorily deptiu:d of their property except whcrc the following conditions arc satisfied the deprivation is in terms of a law of general application;

(b) the deprivation is necessary for any of the following reasons— (i) in the interests of defence. public safety, pubiic order, public morality, public health or town and country planning; or

(ii) in order to develop or use that or any other property Cor a purpose beneficial to the conununity•,

(C)  the law requires the acquiring authority—

  • to give reasonable notice of the intention to acquire the property to everyone whose interest or right 'in the property would be affected by the acquisition;
  • to pay fair and adequate conipensation for the acquisition before acquiring the property or within a reasonable tinne after the acquisition; and
  • if the acquisition is contested. to apply 10 a conopetent court before acquiring the property, or not later than thirty days after the acquisition, for an order confi liliing thc acquisi tion
  • the law entitles any person whose property has been acquired to apply to a con)petent court for the prompt return of the property if the court does not confirm the acquisition: and
  • the law entitles any clailnanl for compensation to apply to a conipetent court for the detern'lination of—
    • the existence, nature and value of their interest in the property concerned;
    • the legality of the deprivation; and
    • the amoum of compensation 10 which thev are entitled; and to apply to the court fljr an order directing the prompt payment of any conipensation.

(4) Where a person has a vested or contingent right to the payn)ent of a pension bcnelit. a which provides ror thc extinction or diniinution of that ri ght is regarded s for the purposes of subsection as a law providing for the compulsory acquisition of property.

72 Rights to agricultural land

( l ) In this section agricultural land" means land used or suitable for agriculture, that is to say [or horticulture, viticu IOres1ry or aquaculture or for any purpose of husbandry. including-

(a) the keeping or breeding of livestock, game, poultry, animals or bees: or (b) the grazing of livestock or game:

 

but does not include Cojnmunal Land or land within the boundaries of an urban local authority or within a township established under a law relating to town and country planning or as defined in a law relating to land survey;

"land" includes anything permanently attached to or growing on land; piece of agricultural land" means a piece of agricultural land registered as a separate piece of land in a Deeds Registry.

(2) Where agricultural land, or any right or interest in such land, is required

[or a public purpose. including settlement for agricultural or other purposes;

  • land reorganisation forestry, environmental conservation or the utilisation of wild life or other natural resources; or
  • the relocation of persons dispossessed as a result of the utilisation of land for a purpose referred to in paragraph (a) or (b); the land , right or interest may be compulsorily acquired by the State by notice published in the Gazette identifying the land, right or interest. whereupon the land right or interest vests in the State with full title with effect from the date of publication of the notice.

(3) Where agricultural land, or any right or interest in such land, is connpulsorily acql.lired for a purpose referred to in subsection (2)

(a) subject to section 295( I ) and (2), no compensation is payable in respect ol' its acquisition, except for inlprovements effected on it before its acquisition; (b) 110 person lilay apply to court for the detennination of any question relating to compensation, except for compensation för improvements effected on the land before its acquisition, and no COU1t Inay entertain any such application; and

(e) the acquisition Inay not be challenged on the ground that it was discrinlinatory in contravention of section 56.

(4) All agficultural land which

  • was iternised in Schedule 7 to the fonner Constitution; or
  • before the efTective date, identified in ternl,s of section or (iii) of the fonner Constitution; continues to be vested in the State, and no cornpensation is payable in respect of its acquisition except for improvelnents effected on it before its acquisition.
  • As soon as practicable after agricultural land is compulsorily acquired in accordance with subsection (2), the officer responsiblc for the registration of title over land must, without further notice. effect the necessary endorsernents upon any tille deed and entries in any register for the purpose of fornnally cancelling the title deed and registering the State's title over the land-
  • An Act of Parliament noay Inake it an offence tor any person, without lawful authority, [0 posses.s or occupy agricu [tural [and refened to in this section or other State land.
  • In regard [0 the compulsory acquisition of agricultural [and for the reset(lement ol' people in accordance with a pmeramme of land refornu the 101 towing factors must be regarded as of ultimate and overriding ivnportance
  • under colonial domination lhc people of /uimbamvc were unjustifiably dispossessed of their land and other resources without cojnpensation•,
  • the people consequently took up arms in order to regain [heir land and political sovereignty, and this tiltinvately resulted in the Independence of Zimbabwe in 1 980:
  • the people of Zimbabwe must be enabled to re-assen their rights and regain ownership of their land: and accordingly —
    • the former colonial power has an obligation to pay compensation for agricultural land conlpulsorily acquired for resettlement, through an adequate fund established for the purpose; and
    • if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation 10 pay compensation for agricultural land compulsolily acquired ['or resettlement.

(8) This section applies without prejudice the obligation of the colonial power to pay compensation tor land relened to in this section that has been acquired for resettlennent pumoses.

73 Environmental rights

( ! ) Every person has the right to an environment that is not harnlflll to their health or well-being; and

(b) to have thc cnvironment protectcd for the benefit of present and future generations, through reasonable legislative and other measures that

  • prevent pollution and ecological degradati01Y,
  • pronu)te conselvation; and
  • secure ecologically sustainable development and use natural resources while promoting econolnic and social development.

(2) The State must take reasonable legislative and other Ineasures, within the liniits of the resources available to it, to achieve the progressive realisation ot• the rights set out in this section.

74 Freedom from arbitrary eviction

No person may be evicted from their h01ne, or have their hollie without an order ol' COUN made after consideling all the relevant

75 Right to education

( l ) Every citizen and perinanent resident of Zimbabwe has a right to —

  • a basic State-funded education, including adult basic education; and
  • further education, which the State, through reasonable legislative and other measures, must make progressively available and accessible.
  • Every person has the right to establish and maintain al their own expense, independent educational institutions of reasonable standards, provided they do not discrin)inate on any ground prohibited by this Constitution.
  • A law nujy provide for the registration of eclucalional institutions relérred to in subsection (2) and {Or the closing ol' any such institutions thal do not meet reasonable standards prescribed registration.
  • The State must take reasonable legislative and other measures, within the limits of the resources available 10 it, to achieve the progressive realisation o!' the light sel out in subsecuon ( l

76 Right to health care

( l ) Every citizen and pernoanent resident of Zimbabwe has the right to have access fo basic health-care services, including reproductive health-care services.

  • Every person living with a chronic illn.ess has the right to have access to basic healthcare services for the illness.
  • No person may be refused en)ergency medical treatment in any health-care institution.
  • The State must take reasonable legislative and other measures, within the limits of the resources available to it. to achieve the progressive realisation of the rights set out in this section.

77 Right to food and water

Every person has the right to—

  • safe, clean and potable water; and
  • sufficient food; and the State nnust take reasonable legislative and other within the lin1its of the resources available to it. to achieve the progressive realisation of this right.

78 Marriage rights

( l ) Every person who has attained the age of eighteen years has the right to found a family.

  • No person Il)ay be compelled to enter into marriage against their will
  • Persons of the saine sex are prohibited from marrying each other.

PART 3

ELABORATION OF CERTAIN RIGHTS

79 Application of Part 3

( I ) This Part elaborates cenain rights and to ensure greater certainty as to the application of those rights and freedoms to particular classes of people.

(2) This Pan must not be construed as limiting any right or freedom set out in Part 2.

80 Rights of women

( l) Every won)an has full and equal dignity of the person with Inen and this includes equal opportunities in political, economic and social activities.

  • Won)en have the same tights as men regarding the custody and guardianship of children, but an Act of Parliannent may regulate how those rights are to be exercised.
  • All laws. customs, traditions and cultural practices [hat infringe [he rieh[s ol' wornell conl'ened by this Constitution are void to [he extent of the infringennen[.

81 Rights of children

( l ) Every child. that is [o say every boy and girl under [he age of eighteen years. has the right

  • to equal treatment before [he law, including the light [o be heard',
  • 10 be given a name and family name;
  • in the case ol' a child who is
    • boni in Zilnbabw•e•, or
    • born outside Zimbabwe and is a Zilnbabwean citizen by descent; to the prompt pmvision of a birth certificate;

 

  • to farnily or parental care, or to appropriate care when removed from the family environment;
  • to be protected Iron) economic and sexual exploitation. from child labour, and fi•om maltreatinent„ neglect or any forn) of abuse:

(0   to education, health care services, nutrition and shelter;

  • not to be recruited into a militia force or take parl in arined conflict or hostilities:
  • not to be compelled to take part in any political activity; and
  • not to be detained except as a measure of last resort and, if detained (i) to be detained for the shortest appropriate period;
    • to be kept separately from detained persons over the age oreiehteen years; and
    • to be treated in a Inanner. and kept in conditions. that take account of the child's age.
  • A child's besl interests are paran)ount ill every matter concenting the child.
  • Children are entitled to adequate protection by the courts. in particular by the High Court as their upper guardian,

82 Rights of the elderly

People over the age of seventy years have the light —

  • to receive reasonable care and assistance from their fanlilies and the State;
  • to receive health care and Inedical assistance from the State; and
  • to receive financial support by way of social security and ivelfare•, and the State nmst take reasonable legislative and other noeasures, within the liiDits of the resources available to it, to achieve the progressive realisation of' this right.

83 Rights of persons with disabilities

The State nill,st take appropnate measures. within the of the resources available to it, to ensure that persons with disabilities realise their full mental and physical potential, including measures—

  • to enable thenl to self reliant;
  • to eurable thein to live with their famil ies and participate in social, creative or recreational activities:

to protect then) f'ron) al! rornlts of exploitation and abuse; to give them access to noedical, psychological and functional treatinent: (e) to provide special facilities for their education; and

(l)         to provide State-I'unded education and training where they need it.

84 Rights of veterans of the liberation struggle

( ) Veterans of the liberation struggle, that is to say

  • those who i'oueht in the War of Liberation:
  • those "'110 assisted the fighters in the War of Miberation-„ and
  • those who were iqnprisoned. detained or restricted for politica[ reasons during the liberation suuggle:

are entitled to due recognition for their contribution to the liberation of Zill)babwe. and 10 suitable welfare such a.s pensions and access to basic health care.

(2) An Act of Parl ialment must confer on veterans of the liberation struggle the entitlen)ents due to thein under subsection (l

PART 4

ENFORCEMENT OF FUNDXMFNTAJ„ HUMAN RIGHTS ANT) FREEDOMS 85 Enforcement of fundamental human rights and freedoms

( l ) Any of the following persons, namely any person acting in their own interests;

  • any IRI'son acting on behalf of another pelson who cannot act [or themselves;
  • any person acting as a member. or in the interests. of a group or class of persons;
  • any person acting in the public interest:
  • any association acting in the interests of its men)bers•,

is entitled to approach a coult. alleging that a fundamental right or freedorn enshrined in this Chapter has been, is being or is likely to be infringed, and the court Ina.y grant appropriate relief, including a declaration of rights and an award of compensation.

(2) The fact that a person has contravened a law does not debar them approaching a COLIN for relief under subsection ( l ).

(13) The rules of every court nunst provide for the procedure to be 10110wed in cases where relief is sought under subsection ( l ), and those rules must ensure that the right to approach the COLIII under subsection ( l ) is fully facilitated:

  • formalities relating to the proceedings, including their are kept to a
  • the court, while observing the rules of natural justice, is not unreasonably restricted by procedural technicalities; and
  • a person with particular expertise l'nay, with the leave of the court, appear as a friend of the COUII.

(4) The absence of rules refa•red to in subsection (3) does not limit the right to conunence proceedings under subsection (l ) and to have the case heard and deterrnined by a COUII.

PART 5

LIMITATION OF Ft  HUMAN RIGHTS AM) FREEDOMs

86 Limitation of rights and freedoms

( l ) The limdamental rights and freedonns set out in this Chapter must be exercised leasonably and with due regard ik)t• the rights and freedoms of other persons-

(2 The fundamental fights and set out in this Chapter nyay be liniited only in terms or a law of general application and to the extent that the limitation is fair, reasonable, necessao and justifiablc in a democratic society based on openness. justice, human dignity, equality and freedom- taking into account all relevant factors, including

  • the nature ol' the right or freedom concerned:
  • the pumos•e of [he liniilation, in panicukar whether it is necessary in [he interests of defence, public safely, public order, pubic morality, public health. regional or town planning or the general public interest;
  • the nature and extent of the limitation;
  • the need to ensure that the enjoyment of rights and freedonu; by any person does not prejudice the rights and freedoms of others;
  • the relationship between the tirnitatton and its purpose, in particular whether it imposes greater restrictions on the right or freedotll concerned than are necessary to achieve its purpose; and whether there are any less restrictive means of achieving the purpose of the limitation.

(3) No law Inay linnit the following rights enshrined in this Chapter, and no person may violate them — the right to life, except to the extent specified in section 48;

  • the light to hill)lan dignity;
  • the right nol to be tonured or subiected to Citiel, inhunnan or degrading treatinerlt punishinent;
  • the right not to be placed in slavery or servitude;
  • the right to a fair trial; the right to obtain an order of habeas corpus as provided in section 5()(7)(a).

87 Limitations during public emergency

( l ) In addition to the limitations permitted by section 86, the flindajnentaE rights and freedonns set out in this Chapter Inay be further limited by a written law providing for measures to deal with situations arising during a period of public ernergency, but only 10 the extent pennitted by this section and the Second Schedule.

  • A wfitten law referred to in subsection ( 1 ) and any legislative noeastu•es taken under that law, must be published in the Gazette.
  • Any limitation which a written law referred to in subsection ( l ) illipos•es on a fundamental right or freedorn set out in this Chapter nul.st not be greater than is strictly required by the enlergency.
  • No law that provides for a declaration of a state of etnergel')cy, and no legislative or other Ineasure taken in consequence of such a declaration. Illay —
  • inden)llify, or permit or authorise an indemnity for, the State or any institution or agency of the govenunen[ at any level, or any other person, in respect of any unlawful act; or
  • lilnit any of the rights referred to in section 86(3), or authorise or pertnit any of those lights to be violated.

CHAPTER 5

THE ExEt•t

PART I

88 Executive authority

( l ) Executive authority derives the people of Zinnbabwe and lnu.s•t be exercised in accordance with this Constit

( 2) The executive authority ol' Zimbabwe vests in the President who exegcis•es subject to this Constitution. through the Cabinet.

 

THE PRESIDENT AND VICF. PRESIDENTS

89 The President

The President is the Head of State and Government and the Coninoander-inChief of the Defence Forces.

90 Duties of President

( l ) The President Jnust uphold, defend, obey and respect this Constitution as the supreme law of the nation and must ensure that this Constitution and all the other laws are faithfully observed.

(2) The President must pron)0te unity and peace in the nation for the benefit and vec!bbeing of all the people of Zimbabwe;

(b) recognise and respect the ideals and values of the liberation struggle; ensure protection of the fundamental hunnan rights and freedorns and the rule of law; and

(d) respect the diversity of the people and communities of Zimbabwe.

91 Qualifications for election as President and Vice-President

( I ) A person qualifies for election as President or Vice-President if he or she

('a)  is a Zinlbabwean citizen by birth or descent;

(b) has attained the age of forty years; is ordinarily resident in Zimbabwe: and (d) is registered as a voter.

(2) A person is disq ualified for election as President 01' Vice-President if he or she has already held office as President under this Constitution for Ovo (errns, he(hcr continuous or not, and for the purpose of' this subsection three or noore years' service is (leenoed to be a full tern).

92 Election of President and Vice-Presidents

( I ) The election of a President and two Vice-Presidents nwst take place within the period specified in section 158

  • Every candidate for election as President Inust nominate two persons to stand for election jointly with him or her as Vice-Presidents. and must designate one of (hose persons as his or her candidate for first Vice-President and the other as Iris or her candidate for second Vice-President.
  • The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe. and the procedure for their election is as prescribed in the Electoral Law.
  • 'l'hc qualifications for as a voter and for at an election ol' a President and Vice-Presidents are set out in the Fourth Schedule.
  • The election of a President and Vice-Presidents must take place concun•ently with every general election of members of Parl ianoen(, provincial councils and local authorities.

93 Challenge to presidential election

( ) Subject to this section, anv ae o rieved candidate nnay challenee the validity

of an election of a President or Vice-President by lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election.

  • The election of a Vice-President may be challenged only on the ground that he or she is or "'as not qualified for election.
  • The Constitutional Coun must hear and determine a petition or application under subsection ( l ) within fourteen days after the petition or application was lodged, and the coun 's decision is final.
  • In determining a petition or application under subsection ( l ) , the

Constitutional Court Illay

  • declare a winner;
  • invalidate the election, in which case a fresh election nmst be held within sixty days after the determination; or
  • make any other order it considers just and appropriate.

ill a petition or application under subsection (l

  • the Constitutional Court sets aside the election of a President, the election of the Presidents two Vice-Presidents is nullified
  • the Constitutional Court sets aside the election of either or both VicePresidents, the President Illust without delay appoint a qualified person or qualified persons, as the case gnay be, to be Vice-President or VicePresidents.

94 Assumption of office by President and Vice-Presidents

( l ) Persons elected as President and Vice-Presidents a.sstllne office when they take, before the Chief Justice or the next rnost senior judge available, the oaths of President and Vice-President respectively in the forrns set out in the Third Schedule, which oaths they lnu.st take—

  • on the ninth day after they are declared to be elected; or
  • in the event of a challenge to the validity of their election, within fortyeight hours after the Constitutional Court has declared thenl to be the winners.

E

  • l'he incutnbcnt President contin ues in office until the assutnption of office by the President-elect in terms subsection ( l ).
  • A Vice-President who becolnes President on the death, resignation or renioval frolil office of the President asstllncs office when he or slic takes, before lhc Chief .lustice or the next Inost senior judge available, the oath President in the set out in the Third Schedule, which oath he or she must take as soon as possibEe and in any event within for(y-ei2ht hours arter the office or President becarne vacant.

95 Term of office of President and Vice-Presidents

( I ) '['hc term of office of the President or a Vice-President coniincnces on the day or she is sworn in and assulncs office in tern)s or section 94( I )(a) or 94(3).

(2) 'I'llC   of office of the President or a Vice-President extends until he or she resi o ns or is removed Il-onu office; or

(b) followine an election, he or she is declared to be re-elected or a new President is declared to be elected; and, except as otherwise provided

in this Constitution, their terms of office are five years and coterminous with the life of Parliament.

96 Resignation of President or VicePresident

( I ) The President may resign his or her office by written notice to the Speaker, who must give public notice of the resignation as soon as it is possible to do so and in any event within twenty-lour hours.

(2) A Vice-President Inay resign his or her office by written notice to the President. who must give public notice of the resignation as soon as it is possible to do so and in any event within twenty-four hours.

97 Removal of President or Vice-President from office

( l ) 'Uhe Senate and the National Assembly, by a joint resolution passed by at leasi one-half of their total membership, resolve that the question whether or not the President or a Vice-President should be removed f'ronl office for—

  • serious
  • failure to obey, uphold or defend this Constitution:
  • wilful violation of this Constitution; or inability to perform the functions of the office because of physical or rnental incapacity; should be investigated in terrns of' this section.

(2) Upon the passing of a resolution in terms of subsection ( I the on Standing Rules and Orders must appoint a joint committee of the Senate and the National AsscrnblY' consisting of ninc mclllbcrs reflecting the political coniposition 01 Parliarnent, to investigate the rctnoval from officc of the President or Vice- President, as the case nuty be.

( 3 ) If

  • the joint coinmittee appointed in terms of subsection (2) reconnnends the al frolil office of the Presidcnt or Vice-President; and
  • the Senate and the National Assenffly, by a joint resolution passed by at least two-thirds of their total membership, resolve that the President or

Vice-I)rcsidcnt, as the case lilay be, should be rernoved from office, thc Pre.sident or Vice-President thereupon ceases to hold office.

98 Presidential immunity

( l ) While in oflicc, the President is not liable to civil or criruinal proceedill!s in any court for thines done or omitted to be done in his or her personal capacity.

  • Civil or criminal proceedings may be instituted against a former President for things done and onnitted to be done before he or she becanne Presidenl or while he or she was President.
  • The tunning ofprescription in relation to any debt or liability of the President arising before or during his or her tern) of office is suspended while he or she reruains in oflicc.
  • In any proceedings brought against a former President anything done or orniucd to be done in his or her official capacity while he or she was President, it is a defence for hinl or her to prove that the thing was done or omitted in good faith.

 

99 Functions of Vice-Presidents

The Vice-Presidents assist the President in the discharge of his or her functions and perform any other functions, including the administration of any Ministry, department or Act of Parliament, that the President may assign to them.

100 Acting President

(I ) Whenever the President is absent from Zirnbabwe or is unable to exercise his or her official functions through illness or any other cause. those functions Illus( be assumed and exercised by the first Vice-President;

  • where (lic firs( Vice-Prcsiden( is unable to exercise those [unctions, by the second Vice-President: or
  • if there is no Vice-President who is able to exercise [he functions, by a Minister—
    • designated for such an eventuality by the President; or
    • nominated by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i).

(2) Except in accordance with a resolution passed by a majority of the total Inelnbership of the Cabi net, a person exercising the functions of the office of President in tenns of subsection ( I ) Il)ust not exercise the power of the President— 10 deploy the Defence Forces;

  • to enter into any interriationa[ convention, treaty or agreernent t,
  • to appoint or revoke the appointment of a Vice-President, Minister or Deputy Minister; or
  • to assign or reassign functions to a Vice-President, Minister or Deputy Minister, including, in the case of a Vice-President or Minister, the adno inistration of auy ACL of Parfiament or of any Ministry or depallment, or to cancel any such assigntnent of functions.

101 Succession in event of death, resignation or incapacity of President or Vice-President

( l ) If the President dies, resigns or is removed Croni office

thc first Vice-President asstllnes office as Presidcnl until the expi ry or lhc fortncr President's tenu of office, the second Vice-President assuruc.s office as (i rst Vice-President until (he expiry or the fomyer Presiden t 's tern] of office: and

(c) appoint a qualified person to be second Vice-President until the expiry ol' the fortner President's of office.

(2) If the first ViccNrcsidcnt dies, resi2ns or is rctnovcd frotll office

  • (he second vice-Prcsidcnl assutne.s office as first Vice-President until the expiry or the [it-sl Vice-President's        or office; and
  • the President delay appoint a qualified person 10 be second Vice-President until the expiry of the forrner first Vice-President's lemn ot- office.

.45

102 Remuneration of President and Vice-Presidents

( l ) The President and Vice-Presidents are entitled to the salaries. allowances, pensions and other benefits that are prescribed under an Act of Parliantent.

  • The salaries and allowances of the President and Vice-Presidents tnust be charged upon and paid out of the Consolidated Revenue Fund.
  • A person who has ceased to be President or Vice-President is entitled to receive—-
  • a pension equivalent to the salary of a sitting President or Vice-President, as the case may be; and
  • such and otller benefits as may be prescribed under an Act Parlimnenta

103 President and Vice-Presidents and former office-holders not to hold other office or employment

The President and Vice-Presidents, and any former President or Vice-President. tnust not, directly (.)t• indirectly, hold any other public office or bc einployed by anyone else while tllcy are ill office or are receiving a pension ft•onl the State as former President ov Vice-President, as the case may be.

PART 3

MINISTERS. DEPUTY MLNiSTERS AND CABINET

104 Appointment of Ministers and Deputy Ministers

( I ) The President appoints Ministers and assigns functions to then), including the administration of any Act of' Parliament or of any Ministry or department, but the President may reserve to hiinse[f or herself the adlüinistration of an Act, Ministry or department.

  • The President Inay appoint Deputy Ministers to assist any Minister in the exercise of his or her functions.
  • Ministers and Deputy Ministers are appointed from aniong Senators or N lenibers or thc National s.selnbly, but up (o five, chosen for their professional skills and competence, n'lay be appointed from outside Parliament.
  • In appointing Ministers and Deputy Ministers , the President must be guided by considerations of regional and gender balance.
  • Ministers and Deputy Ministers who are not Members of Parlian)ent may sit and speak. hut not vote, in the Senate or the National Asselnb[y.
  • Before taking office, a person appointed as N linister or Deputy N finister must take before the President the appropriate Ministerial oath in the set out in the Third Schedule.

105 Cabinet

( ) There is a Cabinet consisting of the President, as head of the Cabinet, the Vice-Presidents and such Ministers as the President may appoint to the Cabinet.

(2) Cabinet meetings are presided over by the President or. in his or her absences by a Vice-President in their absence, by a ,Minister referred to in section I )(c).

106 Conduct of Vice-Presidents, Ministers and Deputy Ministers

( l) Every Vice-President, Minister and Deputy Minister must act in accordance with this Constitution.

(2) Vice-Presidents, Ministers and Deputy Ministers may not, during their

(enure of office-

  • directly or indirectly, hold any other public office or undertake any other paid work;
  • act in any way that is inconsistent with their office, or expose themseÄcs to any situation involving the risk of a conflict between their official responsibilities and private interests; or
  • use their position, or any information entrusted to them. to enrich ves or improperly benefit any other person.

(3) An Act ol' Parlianlent must prescribe a code of conduct for Vice-Presidents, M inisters and Deputy Ministers.

107 Accountability of VicePresidents, Ministers and Deputy Ministers

( f ) Subject to this Constitution, every Vice-President, Minister and Deputy Minister is accountable. collectively and individually, to the President for the perfonnance of his or her functions.

(2) Every Vice-President, Minister and Deputy Minister must attend Parliament and parlialuentary coinmittees in order to answer questions conceming matters ['or which he or she is collectively or individtlally responsible.

108 Tenure of office of Ministers and Deputy Ministers

( I ) '[he office of a Nfinister or Deputy N linister becolne,s vacant — if the President reniove.s hitn or her fro:n office;

  • if he or she resigns fronl office by written notice to the President,
  • upon the assurnption of office by a new President.
  • Subject to subsection (4), a Minister or Deputy Minister who 'vvas a Menober of Parliatncnt on appointment as Minister or Il)eputy N'linistcr vacates his or her office as such upon ceasing to be a Member of Parlimnent.
  • Subject to subsection (4), a Minister or Deputy Minister who was not a Men)ber Parlian)ent on appointment as Minister or Deputy Minister vacates his or her office as such if circunl.stances afise that svould result in his or her seat becolllins-v vacant were he or she a Member of Parliament.
  • Subject to this Constitution, in the event of a dissolution of Parlimnent, N fi nisters and l )cputy NLinisters continue to hold office as such until the Presidcntælccl asstllucs office after a general elections

109 Vote of no confidence in Government

( l ) The Senate and the National Assenmbly, by a joint resolution passed by at least fivo-thirds of their total Inenlbcrship, gnay pass a sote of no con(idcncc in the GovelT11ne11t.

(2) A 1110tion for the resolution for a vote of no confidence may be tnoved only if

  • at least seven days • notice of the nnotion has been given to the Speaker: and
  • the notice of motion has been signed by at least half of all the Members of the Nationa{ Assen)bly.

 

(3) A motion for a vote of no confidence—

(a) must be debated in a joint sitting of the two Houses of Parliament within twenty-one days after the Speaker received the notice of motion; and (b) rnust be voted on within seven consecutive sittings after it was moved; otherwise it is regarded as lost.

(4) Where Parliament passes a vote of no confidence in the (iovemtnent, the President must, within founeen davs after the vole

  • remove all Nlinisters and Deputy Niinisters frolil office, unless they have already resigned as a result of the resolution, and appoint persons in their place; or
  • dissolve Parliament and. within ninety days, call a general election.

(5) If the President does not act in accordance with subsection (4) within founeen days after the passing of the vote of no confidence in the Govemrnents Parliament stands dissolved.

PART 4

EXECUTIVE Fl •ACTIONS

110 Executive functions of President and Cabinet

( l) The President has the powers conferred by this Constitution and by any Act of Parlia!nent or other law, including those necessary to exercise the functions of Head of State.

(2) Subject to this Constitution. the President is responsible for— assenting to and signing Bills;

  • referring a Bill to the Constitutional Court for an opinion or advice on its constitutionality;
  • sununoning the National Assembly, the Senate or Parliament to an extraordinary sitting to conduct special business;
  • Inaking appointments which the Constitution or legislation requires the President to make;
  • calling elections in terms of this Constitution;

(D   callinu referendums on any matter in accordance with the law;

  • deploying the Defence Forces;
  • conferring honours and awards; appointing ambassadors. plenipotentiariesq and diplonYdtic and consular representatives; and receiving and recognising toreign diplomatic and consular representatives.

(3) Subject to this Constitution. the Cabinet is responsible for

  • directing the operal ions of Govemment:
  • conducting Gov'ernment business in Parliament;
  • preparing, initiating and implementing national legislation:
  • developing and inmptementing national policy; and
  • advising the President.
  • Subject to this Constitution, the Presidenl nnay conclude or execute conventions, treaties and agreenrnts with foreign states and governments and intelmationa organisations.
  • A decision by the President must be in writing if it is taken in terns of legislation.
  • In the exercise of his or her executive functions, the President must act on the advice of the Cabinet, except when he or she is acting in terms of subsection (2) above.

111 War and peace

(l ) The President has power to declare war and make peace, and must advise the Senate and the National Assennbly within seven sitting days after exercising such power.

(2) The Senate and the National Assembly, by a joint resolution passed by at least two-thirds of the total Jnembership of Parliament, Ina_y resolve that a declaration of war should be revoked.

(3 ) Where Parliarnent has resolved that a declaration of war should be revoked. the President must take all practical steps to disengage frojn the war, taking due account of the need to ensure the safety of Zinnbabwean personttel and equiptnents

112 Power of mercy

( I ) The President, after consultation with the Cabinet , may exercise the power of rnercy, that is to say, nitty—

  • grant a pardon 10 any person concemed in or convicted of an olTence against any law;
  • grant a respite from the execution of a sentence for any oflénce for an indefinite or specified period;
  • substitute a less severe punish;nent (Or that illiposed for any offence; or
  • suspend for a specified peliod or reni t the whole or part of a sen tencc for ally olTence or any forfeiture ilnposed iti respect of any olTenee; and Inay impose conditions on any such pardon, respite, substitution or suspension.

(2 ) Where a person who is resident in Zimbabwe has been convicted in another country of an offence against a [aw in force in that country, the President [nay' declare that the conviction is not to be regarded as a conviction for the pulposes of this Constitution or any other law in toree in Zinlbabwe.

(3) The grant of a pardon or respite from execution ol' sentence or the substitution or suspension ol' a sentence be published in the Gazette,

113 States of public emergency

( l ) The President may by proclamation in the Gazette declare that a slate ol' public emergency exists in [he whole or any pall of Zilnbabwe-

  • A declaration of a state of public ennergency ceases to have efTect after fourteen days beginning with the day of publication of the proc[annation in the Gazelle unless N before [he end of that period, the declaration is approved by at least two-thirds ol' the total jnelnbers•hip of Parliannent at a joint silting of [he Senate and the National Assenlbly-
  • If Parliament is dissolved during the period ol' fourteen days after a slate of public emergency has been declared, the declaration ceases 10 have eflécl after twenty one days, beginning with the day of publication or the procl:unation in the Gazette, unless within that period the declaration is approved by a InaioriLY of all the Mernbers of the new Parliament at a joint sitting or the Senate and the National Assenlbly.
  • A declaration of a state of public eniergency which has been approved under subsection (2) or (3) veniains in elTec1 three fnonths fron) the date on which the proclarnation was published in the Gazette unless it has earlier been revoked or ceased to have effect under this section.
  • If a declaration of a state of public emergency is not approved after consideration by Parliament, or if for any reason it is not considered by Parliament within the period specified in this section, the President must, within sevcn days, by proclamation in the Gazette, revoke the declaration.
  • If, by a resolution passed by a majority of the members present at a joint sitting of the Senate and the National Assembly, Parliament resolves that a declaration of a state ol' public emergency —
  • should be continued for a further period not exceeding three months, the President must without delay, by proclanultion in the (;azette, extend the declaration for that further period;
  • should be revoked or that it should apply within a smaller area. the President nmst without delay, by proclamation in the Gazette, revoke the declaration or provide that the declaration relates to that smaller area.

(7) The Constitutional Court, on the application of any interested person, may determine the validity of

  • a declaration of a state of public emergency;
  • any extension of a declaration of a state of public emergency.

(8) Any court may determine the validity of any legislation enacted, or other action taken, in consequence of a declaration of a state of public emergency.

PART 5

ATTORNEY-GENERAL

114 Attorney-General

( l ) There is an Attorney-General appointed by the President.

  • A person who has been appointed as Attorney-General assurne.s office upon taking before the President, or a person authorised by the President, the oaths of loyalty and of'fice in the forni.s set out in the 'I'hird Schedule.
  • A person is qualified for appointinent as Attorney-Gencral if he or she is qualified for appointiuent as a judge of the ligh Court.
  • The functions of the Attorney-Cieneral are
  • to act as the principal legal adviser to the Governrnent•,
  • to represent the Government in civil and constitutional proceedings:
  • to draft legislation on behalf of the Ciovernment;
  • to promote, protect and uphold the rule of law and fo defend the public interest: and
  • to exercise any other functions that may be assigned to the AttorneyGeneral by an ACL of Parliament; and the Attomey-General may exel•cise those functions in person or through subordinate officers acting under the Attorney-General 's zencral or specifie instructions.

(5) The Attorney-General may

  • attend Cabinet meetings, but has no vote;

 

  • sit and speak in the Senate and the National Assenlbly, but has no vote: and with the leave of the court concerned, appear as a friend of the in any civil proceedings to which the Governnnent is not a party.

115 Removal from office of Attorney-General

'I*he President may at any tinw remove the Attomey-(ieneral f'rorn office.

CHA}YCER 6

THE LEGISLATI IRE

PART I

LEGISLATIVE Al 'THOR[TY

116 The Legislature

The Legislature of Zimbabwe consists of Parliament and the President acting ill accordance with this Chapter.

117 Nature and extent of legislative authority

( l ) The legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with this Constitution by the Legislature.

(2) 'The legislative authority confers on the Legislature the power— (a) to arnend this Constitution in accordance with section 328;

  • to make laws for the peace, order and good governance of Zin)babwe•, and
  • to confer subordinate legislative powers upon another body or authority ill accordance with section 134.

PART 2

PARI

118 Parliament

Parlialnent consists of the Senate and the National Assen)blv.

119 Role of Parliament

( l ) Partialnent must protect this Constitution and prornote govetuance in Zinlbabwe.

(12) Parli'cllnellt has power to ensure that the provisions ol' this Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionallv and in the national interest.

(3) For the purposes of subsection (2), all institutions and agencies of the State and govermnent at every level are accountable 10 Parliament.

PART 3 THE SENATE

120 Composition of Senate.

( l ) The Senate consists of eighty Senators, of whom

  • six are elected from each of the provinces into which Zimbabwe is divided , by a system of proportional representation confornling with subsection (2);
  • sixteen are Chiefs, of whorn two are elected by the provincial assembly of Chiefs fronn each of the provinces, other than the nrtropolitan provinces, into which Zin)babwe is divided;
  • the President and Deputy President of the National Council 013 Chiefs; and
  • two are elected in the nnanner prescribed in the Electoral Law to represent persons with disabilities.

(2) Elections of Senators must be conducted in accordance with the Electoral Law, which Inust ensure that the Senators refen•ed to in subsection ( l )(a) are elected under a party-list systen) of proportional representation — which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Menlbers of the National Assenlbly•, and

(b) in which male and female candidates are listed alternately, every list being headed by a female candidate.

121 Qualifications and disqualifications for election as Senator

( l ) . person is qualified f'01' election as a Senator refe1Ted to in section 1'2()( i ) (a) or (d) if he or she-

  • is registered as a voter; and
  • is at least forty years of age; unless he or she i.s disqualified under subsection (4) or (5)

(2) A person is qualified for election as a Senator Chief refen•ed to in section 1 I )(b) if he or she

(a) holds the office of Chief: and is registered as a voter; unless lic or she is disq uali lied under subsection (4) or (5).

  • A person is qualified [Or election as a Senator to in section 12()( l ) (d) if he or she is a person w r ith a disability as dclincd in the I 'Icctoral l aw' unless he or she is disqualified under subsection (4) or (5).
  • A person is disqualified election as a Senator if he or she is disqualified under the Fourth Schedule for rcgi strati011 as a voter, or

(b) 'vithin five vears before (he election, he or she vacated a sea( in (he Senate or the National Assembly in terms or section 1 29( )(i) through having been convicted of an offence.

(5) A person is disqualified for election at a by-election the Senate iC he or she is a Meniber or Parliament.

52

122 President of Senate

( I ) it its first sitting after a general election and bcforc proceeding to any other business, the Scnatc nurs•t elect a presiding officcr to be known as the President of the Senate.

  • Vhencvcr there is a vacancy in the office of President of the Senate, the Senate Illust without delay elect a person to fill the vacancy.
  • person is qualified for election as President of the Senate if lic or she is or has been a Senator or is qualified to be elected to the Senate.
  • Elections to the office of' President of the Senate must bc conducted by the Clerk of Parliannent under the supervision ol' the Zimbabwe Electoral Commission, by secret ballot in accordance with Standing Orders, and the results musl be announced forthwith.
  • Before his or her duties, the President of the Senate noust take bet-ore the Chief Justice or the next senior judge available the oaths of loyalty and office in the fortns set out in the Third Schedule.
  • A Senator who is elected as President of the Senate ceases to be a Senator, and the vacant seat illust be filled in accordance with the Electoral I umv
  • The President of the Senate may resign by announcing his or her resignation in person to the Senate Ol', if the Senate is not sitting, by giving written notice to the Clerk ot- Parliament.
  • 'Phe President of the Senate Illust vacatc his or her office
  • on the day on which the Senate fi rst ineets after a general election,
  • upon accepting any other public office or upon entefing employillcnt wi th any other persorr,
  • upon becoming a Member of Parlian)ent or the Speaker;
  • upon becoming a Vice-President, Minister or I)eputy Minister:
  • if circulnstances arise that would oblige him or her to vacate his or her seat, if he or she were a Senator; or if a resolution for his or her rernoval from office is passed by at least two-thirds of the total membership of the Senate.

123 Deputy President of Senate

( I ) As soon as practicable after electing a President of the Senate following  general election, the Senate must elect a Senator to be the Deputy President of the Senate.

  • Whenever there is a vacancy in the office of Deputy President or (he Senat€% the Senate must without delay elect a person to fill (he vacancy.
  • Elections to the office of Deputy President of the Senate must be conducted bv the Clerk of Parliament under the supervision ol' the Zil)lbabwe Electoral by secret ballot in accordance with Standing Orders. and the results nurst be announced [orthwith-
  • Before conunencing his or her duties, the Deputy President of the Senate nnust take before the Chief Justice or the next inost senior judge available the oaths of loyalt and office in (he for.ns scl out in the Third Schedule.

 

  • 'I*he Deputy Presiclent of the Senate may resign his or her office b) announcing his or her resignation in person to the Senate or, if the Senate is not sitting, by giving written notice to the President of the Senate or, in the absence of the President of the Senate, to the Clerk of Parlialllent.
  • The Deputy President of the Senate Illust vacate his or her office
  • upon ceasing to be a Senator;
  • upon becolning the Speaker;
  • upon becoming a Vice-President, Minister or Deputy Minister;
  • if a resolution for his or her removal frotn office is passed by at least two-thirds ol' the total membership of the Senate.

PART 4

THF. NATIONAL ASSEMBLY

124 Composition of National Assembly

( I ) The National AssenÄbly consists of two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and

(b) for the life of the first fivo Parlimnents after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected under a party-list systenl of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency rnembers in the provinces.

  • Elections of Melnbers of the National Assembly Inust be conducted in accordance with the Electoral Law.
  • 'Phe qualifications for registration as a voter and for voting at elections of Members of' the National Assetnbly are set out in the Fourth Schedule.

125 Qualifications and disqualifications for election to National Assembly

( l ) A person is qualified for election as a Nfenlbcr of the National  if he or she

  • IS registered as a voter; and
  • is at least twentv-one years ol' age; unless he or she is disq uafi lied under subsection (2) or (3).

(2) A person is disqualified for election as a N lcunbcr or the National Assenlbly

  • he or she is disqualified under the Fourth Schedule for registration as a voter; or
  • within ycars before the election, he or she vacated a scal in the Senate or the National Assembly in terms of section 1290 )(i) through having been convicted of an oiTence.

(3) A person is disquali ficd Cor election at a by-election in the National Assenlt)ly if he or she is a Melliber ol' Parlimnent.

126 Speaker of National Assembly

( l ) At its first sitting after a general election, and before procccding to any other business, the National Assernbly Illust elect a presiding officer to be kn(hvn as the Speaker.

  • NVhenevcr there is a vacancy in the officc of Speaker, the Xa tional Assetnbly must without delay elect a person to fill the vacancy.
  • person is qualified for election as Speaker if he or she is or has been a Nielliber of the National Assenlbl) or is qualified to be elected to the .National Assembly.
  • lileetions to the office of Speaker Inust be conducted by the Clerk of Parlianoent under the supervision of the Zimbabwe Electoral Commission. by secret ballot in accordance with Standing Orders, and the results must be announced forthwith.
  • Before conunencing his or her duties q the Speaker must take before the Chicf Justice or the next most senior judge available the oaths of loyalty and office in [he fornns set out in the Third Schedule.
  • A Menlber of the National Assenobly who is elected as Speaker ceases to be a N lernber of the National Assembl v, and the vacant scat nutst be filled in accordance with the Electoral Law.
  • The Speaker Inay resign by announcing his or her resignation in person to the National Assennbty or, if the National Assembly is not sitting, by giving written notice to the Clerk of Parlianlent.
  • 'l'he Speaker Illust vacate his or her office
  • on the day on which the .National Assenlbly first Ineets after a general election;
  • upon accepting any other public office or upon entering employincnt ith any other person;
  • upon beconling a Member of Parliament or the President of the Senate;
  • upon becollling a Vice-President, Minister or Deputy Minister;
  • if circurnstances arise that would oblige hilli or her to vacate his or her seat, if he or she were a Member of the National Assemblv; or if a resolution for his or her rernoval office is passed b) Ica.s( two-thirds of the total membership of the National Assent)ly.

127 Deputy Speaker of National Assembly

( l ) As soon as practicable after electing a Speaker following a general election. the National Assenlbly must elect one its Members to be the Deputy Speaker.

  • Whcne•ver there is a vacancy in the of(icc ot- Deputy Speaker, the National Assembly must without delay elect a person to fill the vacancy.
  • Elections to the office of Deputy Speaker musi bc conducted b} the Cicrk ol' Parliament under the supervision of the Zinnbabwe Electoral Commission, by secret bal [ot in accordance with Standing ()rders, and the resul ts must be announced ('onhwith.
  • Before commencing his or her duties. the Deputy Speaker nil-Ist take before the Chief Justice or tllC next mos( senior judge available thc oaths of loyalty and office in the (Orms sel out in the Third Schedule-
  • The Deputy Speaker may resign by announcing his or her in person to the National Assembly or. it- the National Assembly is not sitting. by giving written notice to the Speaker or, in the absence of the Speaker« to the Clerk of Parlialnent-
  • 'I'he I Deputy Speaker Illust vacate his or her office—
  • upon ceasing to be a Menlber of the National Assembly;
  • upon becoming the President of the Senate;
  • upon becoming a Vice-President, Minister or Deputy Minister; or
  • if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the National Assen)blY'.

PART 5

TENURE OF MEMBERss OF PARLIAMENT

128 Oath of Member of Parliament

( l ) Before a Member of Parliament takes his or her seat in Parliament, the Member must take the oath of a Member of Parliament in the form set out in the Third Schedu le.

(2) The oath referred to in subsection ( l ) must be taken before the Clerk of Parliament.

129 Tenure of seat of Member of Parliament

( I ) The seat of a Member of Parliament becolnes vacant— on the dissolution of Parliament:

(b) upon the Menlber resigning his or her seat by written notice to the President of the Senate or to the Speaker, as the case may be; upon the Member becoming President or a Vice-President; upon the Member becoming President of the Senate or Speaker or a Inen)ber of the other House; if thc Member ceasc.s to be qualified for registration as a voter.

(D if, without leave fronl the Speaker or the President of the Senate, as the case be, the Menffer is absent from the House of which he or she is a member for twenty-one consecutive days on which the House sits, and the House concerned resolves by a vote of at least one-half of its total Inembership that the seat should becollle vacant;

(g) if the Ternber accepts public office or office as a rnember of a statutory body. government-controlled entity, provincial or metropolitan council or local authority or employment as an employee of a statutory body, provincial or metropolitan council or local authority;

if the Ilelnbcr was a public Olli ccr or a meniber or eruployce of a stain lory body, a government-controlled entity, a provincial or metropolitan council or a local authority on [he date he or she was decltued as a Member of Parlia:ncnt, and he or she fails to relinquish that office, tuclubership or employnrnt within thirty days after that date:

(i)     if the Member is convicted

  • in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential elenoent; or
  • outside Zimbabwe of conduct which. if comnoitted in Zimbabwe, would be an offence of which breach of tillst, dishonesty or physical violence is an essential element;

 

and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishlnent, unless on appeal the Member's conviction is set aside or the sentence ot irnprisonment is reduced to less than six Ilionths or a punishment other than ijnprisonment is substituted; if the Menlber has been declared insolvent under a law in force in Zinfrabwe and has not been rehabilitated or discharged. or if the MenÄber has nvade an assignment under such a law with his or her creditors which has not been rescinded or set aside;

(k) if' the Member has ceased to belong to the political party of which he or she was a when elected to Parliament and the political party concemed„ by written notice to the Speaker or the President of the Senate, as [he case may be, has declared that the Member has ceased to belong to it:

if the Member. not having been a Inember of a political pally when he or she was elected to Parliament. becolnes a men)ber of a political party; (no if the N (cmber is certified to be mentally disordered or intellectuall) handicapped under any law in force in Zimbabwe; or

(n) if the Menober• has been convicted of an offence under the Electoral Law and has been declared by the Iligh Court to be disqualified for registration as a voter or frorn voting at any election.

  • A Menober refen•ed to in subsection ( I who has noted an appeal against his or her conviction illay continue, until the final deternlination of the appeal, to exercise his or her functions as a Menober and to receive remuneration as a MenÄber, unless a court has ordered [hat he or she should be detained in prison pending the outcome of the appeal.
  • A Member of Parl iament who beconoes a chairperson of a provincial council

PART 6

LEGISLATIVE            OTHER POWERS

130 Powers and functions of Senate and National Assembly

( l ) Except as provided ill the Fifth Schedule, in the exercise of their legislative authority both the Senate and the National Assenffly have power to initiate, prepare, consider or reiect any legislation.

(2) In addition to their functions under this Constitution, the Senate and the National Assenobly exercise any Illi*ther functions conterred or itnpos•ed nn then) under any law.

131 Acts of Parliament and procedure for their enactment

( l ) Parliament •s legislative  is exercised through the enactment of Acts ol' Parliament.

(2) An Act of Parlimnent is a Bill which has been

  • presented in and passed by both Houses of Parliament: and
  • assented 10 and signed by the Presidenc in accordance with this Constitution.
  • The words enacunent in Acts of Parlianlent are "Enacted by the Parliament and the Presidenl of Zimbabwe", or words to that ei'iéct.
  • The procedure to be followed by the National Assembly and the Senate with regard to Bills is set out in the Fifth Schedule.

(5 ) After a Bill has been passed by both Houses in accordance with the Fifth Schedule, the President of the Senate or the Speaker. as the case may be, must without delay

  • cause it to be presented to the President for assent and signature. together with any certificatc which is required by this Constitution to accompany the Bill; and
  • give public notice of the date on which the Bill was sent to the President.

(6) When a Bill is presented to the President for assent and signature, he or she must, within twenty-one days, either—

  • assent to it and sign it, and then cause it to be published in without delay; or
  • if he or she considers it to be unconstitutional or has any other reservations about it, refer the Bill back to Parliament through the Clerk of Partialnent. together with detailed written reasons for those reservations and a request that the Bill be reconsidered.

(7) Where a Bill has been referred back to Parliament in terms of subsection (6)(b), the Speaker must without delay convene a sitting of the National Assenlbly, which nul.st

  • reconsider the Bill and fully accornmodate the President's reservations: or
  • pass the Bill. with or without amendments, by a two-thirds nnajority of the total membership of the National Assembly; and in either case the Speaker Inust cause the Bill to be presented to the President without delay for assent and signature and nutst give public notice of the date on which the Bill was sent to the President.

(8) If a Bill that has been presented to the President ill terrns of subsection (7) fully accomn10dates the Presidents reservations, the President must assent to the Bili and sign it within twenty-one days and then cause it to be published in the Gazette without delay, but if the President still has reservations about the Bill, he or she Illust within that period either—

  • assent to the Bill and sign it, despite those reservations; or
  • refer the Bill to the Constitutional Court for advice on its constitutionality.

(9) If on a reference under subsection (8) the Constitutional Coun advises that the Bill is constitutional. the President nmst assent to it and sign it inunediately and cause it to be published in the Gazette without delay.

( 1()) a Bill is presented to the President for assent and signature and il is not acconmpanied by a certificate which is required by any provision of this Constitutions the President Illust not assent to the Bill or sign it until (he ccllilicate is produced but rnust cause the Clerk Parlianwnt to bc notified, inunedia(clv and in writinu, that the certificate was sent with the Bill.

132 Commencement of Acts of Parliament

An Act Parliament comes into operation at the beginning of the day on which it is published in the Chrette, or (he beginning ol' any other day that may bc specified in the Act or some other enactment.

133 Enrolment of Acts of Parliament

( l ) When the President has assented to and signed an Act ot- Parliament, the Clerk of Parliarnent must transnlil a lair copy ot- it, authenticated by [he PresidenÜs

signature and the public seal of 7,itnbabwe, to be enrolled in the office of the Registrar of the High Court, and that copy is conclusive evidence of the provisions of the Act unless the Act is revisecl under an Act of Parliannent refened to in subsection (2).

(2) An Act of Parliament may provide for the statute law, or any pall of it. to be published in revised form and may further provide that—

  • upon being published, the revision is the sole authentic version of the statutes contained in it;
  • a copy of the revision Illust be deposited in the office of the Registrar of the High COLIN; and
  • the copy that is deposited in the office of the Registrar of the High ( is conclusive evidence of the provisions of the statutes contained in it.

(3) The validity of an Act of Parliarnen tL or a revision of the statute law does not depend on its enrolment or deposit under this section.

134 Subsidiary legislation

Parliarnent may, in an Act of Parliajnetlt. delegate power to make statutory instrtllnents within the scope of and for the putposes laid out in that Act. but— (a) Parlimnenüs primary law-making power Illust not be delegated;

(b) statutory instrulnents must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights; statutory instrurnents nurst be consistent with the Act of Partiarnent under which they are Inade:

  • the Act Inust specify the limits of the power, the nature and scope of the statutory instru]nent that Iliay be nnade, and the principles and standards applicable to the statutory instrument;
  • statutory instruments do not have the force of law unless they have been published in the Gazette; and
  • statutory instruments must be laid before the National Assembly in accordance with its Standing Orders and subinitted to the Parliamentary Legal Committee for scrutiny.

PART 7

PROCEDURE IN PARLfA.ME.NT

135 Head of Parliament

( I ) The Speaker is the head of Parlitnnent but must exercise his or her [unctions as such subiect to Standing ()rders.

(2) Subject to Standing ()rders. the President of the Senate is the deputy head or Parliament and acts as head whenever the Speaker is [or any reason unable to do so-

136 Persons presiding in Parliament

( I ) The person presiding at any sitting of the Senate must be

  • the President of the Senate or, in his or her absence. the Deputy President of the Senate; or
  • in the absence of the President and t)epuly President of the Senate, a Senator elected for the purpose by the Senate, bul that Senator nwst not be a Minister or Deputy Minister.

 

  • The person presiding at any sitting of the National Assembly must be— (a) the Speaker or, in his or her absence, the Deputy Speaker; or (b) in the absence of the Speaker and Deputy Speaker* a Member of the National Assembly elected for the purpose by the National but that Member must not be a Minister or Deputy Minister.
  • The Speaker, or in his or her absence the President of the Senate, preside at any joint sitting of the National Assembly and the Senate.

137 Quorum in Parliament

The Senate and the National Assembly must prescribe in Standing Orders the minimum number of M embers who must be present for the conduct of business.

138 Voting and right of audience in Parliament

( l ) Except where this Constitution provides otherwise all questions proposed for decision in either House of Parliament are decided by a luajority of the votes of the Members of that House present and voting;

  • the person presiding in either House of Parliament does not have either a deliberative or a casting vote on any issue before the House;
  • if the votes in either House of Parliamerlt are equally divided on any motion, the motion is lost.
  • Vice-Presidents are entitled to sit and speak, but not vote. in both Houses of Parlianoent.
  • Ministers and Deputy Ministers are entitled to sit and speak in both Houses of Parliarnent but have no light to vote in a House of which they are not Members.
  • Members of the Parlian)entary Legal Committee and any other joint cornmittee of Parlimnent are entitled to sit and speak in either House of Parlianlent for the purpose of introducing or debating any report of that committee which is before the House, but have no right to vote in a House of which they are not Members.
  • Where a Me]über of Parliament, other than a Minister or Deputy Min ister, has introduced a Bill in the House of which he or she is a Men1ber, and the House has passed the Bill. that Menffer or, in his or her absence, any other Mennbet' of that House is entitled to sit and speak in the other House for the pulpose of conducting the Bill through that other House, but has no right to vote in that other House.

139 Standing Orders

( I ) The proceedings the Senate and the National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the reconnnendation ol- the Comn)ittee on Standing Rules and Orders(2) Standing Orders may provide for— (a) the passing Bills;

  • the appointment and functions of cornmittees and the delegation of

[unctions to them;

  • the way in which the powers. privileges and immunities ol' the Houses may be exercised and upheld;
  • the questioning ol' Ministers and Deputy Ministers by Menibers ol'

Parlia

  • a code of conduct for Members of Parliament; the exercise ol' the right of the public to petition Parliament; and

(g) generally, the regulation and orderly conduct of business and proceedings in and between the Houses.

  • The procedures and processes of Parliament and its cotnmittees, as provided for in Standing Orders, Inust promote transparency, must encourage the involvement 01 rnembers of all political parties in Parliament and the public. and gnust be fair and just.
  • y comnlittee established by or under Standing ()rdcrs Illust reflect, as closely as possible, the political and gender composition of Parliament or of the House to which the Standing Orders apply.

140 Presidential addresses and messages to Parliament

( I ) The President at any tinie address either House of Parlizuneill or a joint sitting of both Houses.

  • The President Inay send Inessages to either House of Parlimnent. and anv such Inessage Inust be read by a Vice-President or Minister or by the person presiding over the House concerned.
  • The President may attend Parliament to answer questions on any issue as may be provided in Standing Orders.
  • At least once a year the President inust address a joint sitting of both Houses of Parliament on the state of the nation. and the Speaker and the President ol' the Senate nwst make the necessary arrangements for Parliament to receive such an address.

141 Public access to and involvement in Parliament

Parliament lÄ)Llst facilitate public involvement in its legislative and other processes and in the processes of its cominittees;

  • ensure that interested parties are consulted about Bills being considered by Parlianlenl. un less such consultation is inappropriate or impracticable: and
  • conduct its business in a transparent manner and hold its sittings, and

[hose of its cornmittees, in public, though Ineasures Inay be taken  to preserve order in parlianrntary proceedings:

  • to regulate public access, including access ol' the media, to Parliament and its con)lnittees:
  • to exclude the public. including the Inedia. sittings 01 coinmittees; and
  • to provide the searching of persons ancl. where appropriate. the relüsal of entry to Parlian)ent or the removal of any person from

Parliatnent•, but those tneasures Illust be ['air, reasonable and iusti liable in a de:nocralic society based on openness, justice, human dignity- equality and

142 Validity of proceedings in Parliament

( l ) A vacancy in the menibership of' the Senate or the National Assembly. ov the suspension of a Men)ber of Parlimnent„ does not prevent the Senate or the National Assem6tv from transacting its business.

(2) The fact [hat a person who was not entitled to do so sat and voted in the Senate or the National Assembly or otherwise took part in the proceedings of the Senate or the National Assernbly does not invalidate the proceedings.

PART 8

DURATION, DISSOLUTION AND SITTINGS OF PARLIAMENT

143 Duration and dissolution of Parliament

( l) Parliament is elected for a five-year tenu which runs from the datc on which the President-elect is SWOf71 in and asstllues office in ternms of section 94( l)(a), and Parlianwnt stands dissolved at midnight on the day before the first polling day in the next general election called in terms of section 144.

  • The President must by proclamation dissolve Parliament if the Senate and the National Assembly, sitting separately, by the votes of at least two-thirds ol' the total menibership of each House. have passed resolutions to dissolve.
  • The President may by proclamation dissolve Parlianlent if the National Assembly has unreasonably refused to pass an Appropriation Bill refen•ed to in section 305.
  • A decision to dissolve Parliament in terms of subsection (3) may, on the application of any Member of Parliament. be set aside on review by the Constitutional

Court 9

  • An application for the review of a decision to dissolve Parlialllellt Illust be filed wi(l) the Constitutional ( N oun "'i thin sei en days after the decision c.vas published, and
  • the Constitutional Court must determine the application within fourteen davs after il was filed; and
  • pending the Constitutional Courts detern)ination of the application, the decision to dissolve Parliament is suspended.

144 General election resulting from dissolution of Parliament

( l ) Where Parlialnent has not earlier pas'sed resolutions to dissolve in terms of section 143(2), the President must by proclanuttion call and set dates for a general election to be held within the period prescribed in section 158

(2) Where

  • Parliament has passed resolutions to dissolve in terms of section 143(2)•,
  • the President has dissolved Parliament in ternms section 143(3);
  • (lic Prcsidcnt has dissol Parlimncnl following a vote of no con tidcncc ill ternls oc section 1()9(4); or

Parliament stands dissolved followillg a vote of no confidence in terlns of section the President must by proclamation call and set dates for a general election to be held not more than ninety days after Parliament passed the resolutions or the President dissolved Pavlimnent or Parliament stood dissolved. as the case may be.

( 3 ) The dates for a generat election called in terms ol' subsection ( ! ) or (2) musl bc fixed by lhc President arter consultation with the Zillibabwe Electoral Conltnission.

 

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145 First sitting of Parliament following general election

E of Parliament after a general election must take place at a ( l ) ['he first sitting time and date determined by the President, but the date must not be later than thirty' days after the President elect assitlnes office in tcnns of section 94.

(2) Until the election of a President of the Senate or a Speaker, as the case nvay be, the first Ineeting of a House of Parliatnent must be presided over by thc Clerk of Parliament.

146 Sittings and recess periods

Each House of Parliament detennines the time and duration ol' its sittings, other (han its iirst sitting, and its periods of recess, blit—

  • the President rnay Parliament at any time to conduct special business;
  • no Inore than one hundred and eighty days may elapse between the sittings of a House.

147 Lapsing of Bills, motions, petitions and other business on dissolution of Parliament

On the dissolution of Parliament, all proceedings pending at the tinne are ternlinated, and every Bill, motion. petition and other business lapses.

PART 9

GENERAL MATTERS RELATING TO PARLI NMENT

148 Privileges and immunities of Parliament

( I ) 'Ihe President ol' the Senate. the Speaker and Men1bers of Parlialnenl have of speech in Parliament and in all parliamentary cominittees and, while they

crin)inal proceedings, arrest or imprisonment or damages for anything said in , produced before or subrnitted to Parlianlent or any of its conimittees.

(2) An Act of Parlialnent rnay —

  • provide for other privileges, inununities and powers of Parliament and its Melnbcr.s and officers;
  • define conduct which constitutes contempt ot' Pariian)ent, whether committed by Members of Parliament or other people; and
  • provide a right ol' reply. through the Speaker or the President or the Senate, as the case may beg for persons who are unjustly injured hy what is said about theill in Parlimnent; but no such Inay perniit Parliament or its lelilber.s or officers to inmpose any punishincnt in the nattnc of' a criminal penalty, other than a (inc, for breacll of pH vileee or contempt of Parliament.

149 Right to petition Parliament

( I ) Every citizen and permanent resident of Zimbabwe has a right to petition Parliament to considet- any matter within its authority, inciudine the enactment, amendment or repeal of legislation.

(2) The manner in which petitions are to be presented to Parlimnellt, and the action that Parliament is to take on presentation ol' a petition, Inust be prescribed in

Standing

150 Venue of Parliament

Parliament may sit at places other than the ordinary seat of Parliarnent, but only on grounds of public interest, security or convenience.

151 Committe on Standing Rules and Orders

( l ) Parliament must appoint a committee to be known as the Committee on

Standing Rules and Orders for the purpose of'

  • supervising the administration of Parliarnent;
  • formulating Standing Orders;
  • considering and deciding all matters concerning Parliament; and
  • exercising any other functions that may be conferred or imposed on the committee by this Constitution or by Standing Orders or any other law.

(2) The Committee on Standing Rules and Orders noust consist of the Speaker and the President of the Senate and the following Members of Parliajnent the Deputy Speaker;

  • the I)eputy President of the Senate:
  • the M inister responsible for finance and two other Nlinisters appointed by the President;
  • the Leader of Government Business in each House;
  • the Leader of the Opposition in each House;

(t) the chief whips of all the political parties represented in each House; (g) the President of the National Council of Chiefs:

  • two Members who are not Ministers or Deputy Ministers, one being a Senator appointed to the committee by the President of the Senate and one being a Menlber of the National Assembly appointed by the Speaker: and
  • eight Members who are not Ministers or Deputy Ministers. four being elected to the conunittee by the Senate and four being elected by the National AsselDbly.
  • Mernbers be appointed or elected to the  on Standing

Rules and ()rders as soon as possible after the beginning of the first session of each Parliament, and they must be selected so that the committee reflects as nearly as possible the political and gender cornposition of the conibined Houses of Parli:unent.

  • The Cominittee on Standing Rules and Orders is appointed for the lilé ol' each Parli',unenl .
  • The Cominittee on Standing Rules and ()rders is chaired by the Speaker or. in his or her absence. by the President of the Senate.
  • The procedure to be followed by the Committee on Stancling IRules and Orders nitlSt be prescribed in Standing ()rders.

(7 ) Whenever a vacancy occurs in the on Standing Rules and ()rders a Ntctllbcr ruust bc elected or appointed. as the case ntay be, as soon as possible to fill the vacancv.

152 Parliamentary Legal Committee

( I ) As soon as practicable after the beginning of each session of Parfiament. the Conlmittee on Standing Rules and ()rders must appoint a conunittee to be known as the Parliamentary Legal Conunittee consisting of at least three Members of Parliament who are not Ministers or Deputy Ministers.

  • A nvajority of the men)bers of the Parliamentary Legal Committee be quali(ied to practisc in /,inlbabwc as legal practitioners unless there are insufficient such persons eligible to be appointed to the Conljnittee.
  • The Parliamentary Legal Committee must exaniine
  • every Bill, other than a Constitutional Bill, before it receives its final vote in the Senate or the National Assembly;
  • any Bill which has been amended after being examined by the Cornmittee, before the Bill receives its final vote in the Senate or the National Assen)bly;
  • every statutory instrument published in the Gazette;
  • every draft Bill which has been referred to the Comnlittee hy a VicePresident or a Minister, and
  • every draft statutory instrument which has been referred to the Cornmittee by the authority en)powered to make the instrtnnent:

and must report to Parliament or to the Vice-President. Minister or authority, as the case may be, whether it considers any provision in the Bill, statutory instrurnent or draft contravenes or, if enacted, would contravene any provision or this Constitution.

  • After examining any statutory instrument or draft statutory instrument the Parlian)entary Legal Committee must report to Parliament or to the Vice-President, Minister or authority concerned whether it considers any provision in the instrun'lellt is or. if enacted, would be ultra vires the enabling Act of Parlialnent.
  • An Act or Parliament or Standing Orders Inay confer flilther functions on the Parliamentary Legal Conmittee.

153 RemunerationofPresidentofSenate, Speakerand MembersofParliament

( I ) The remuneration of the Speaker and the President of the Senate lnu.st be prescribed in an Act of Parlialnent and is a charge 011 the Consolidated Revenue Fund;

  • ruust not bc rcduced while they hold office; and
  • must continue to be paid to thenl after a dissolution until they cease to hold office

(2) The renmneration paid to Menlbers of Parliarne11L must be prescribed under an Act of Parlialnent.

154 Clerk of Parliament and other staff

( l ) The Cornnlittee on Standing Rules and C)rders. with the approval ol' the National Assembly, nuisl appoint an olliccr to bc known as the Clerk of' Par-liarnent to be responsible, subject 10 Standing C)rders and to the control and supervision of the Speaker. for the day-to-day administration of Parlimnenl-

  • The Clerk ol' Parliament is appointed for a six-year term, and may he reappointed for one [urlher such term.
  • 'l'hc Clerk of Partianwnt Illust vacate his or her office
  • on the ol' the Commit tee on Standing Rules and Orders, nnore than hal l* of all the Menlbers of the National Assemblv resolve thal the Clerk should be removed;
  • if' the Clerk would be required to vacate his or her seat were he or she a Men) ber of Parli'dlnent: or

 

  • in any event, after holding office as Clerk for twelve years.
  • The Committee on Standing Rules and Orders must appoint such other staff of Parliament as it considers necessary.
  • The Clerk of Parliament and the other stafT of Parliament—
  • are appointed on terms of service approved from time to tin)e by the Committee on Standing Rules and Orders; and
  • are public officers but do not forni part of the Civil Service.

CHAPTER 7

ELECTIONS

PART I

El-IICTORAI, SYSTEMS AND

155 Principles of electoral system

( l ) Elections. which must be held regularly, and referendums. to which this Constitution applies Inust be —

  • free and fair:
  • conducted by secret ballot;
  • based on universal adult suffrage and equality of votes; and (d) free fron) violence and other electoral malpractices.

(2) The State Inust take all appropriate Ineasures. including legislative measurs, to ensure that effect is given to the principles set out in subsection ( I ) and, in particular, Inust — (a) ensure that all eligible citizens, that is to say the citizens qualified under the Founh Schedule, are registered as voters:

  • ensure that every citizen who is eligible to vote in an election or reterendlll)) has an oppoftunity to cast a vote, and musl facilitate voting by persons with disabilities or special needs;
  • ensure that all political parties and candidates contesting an election or participating in a referendum have reasonable access to all material and infonnali011 necessary for them to panicipate efTectively, provide all political parties and candidates contesting an election or participating in a referendun) with fair and equal access [o electronic and print Inedia, both public and private; and

(e)  ensure the timely resolution ol' electoral disputes.

156 Conduct of elections and referendums

At every election and referendum. the Zimbabwe Electoral Cornmission Inust ensure that

  • r voting Inelhod is used, it is simple, accurate, vefifial)le, secure and transparent;
  • the results of the election or referendunl are announced as soon as possible after the close of the polls; and
  • appropriate systems and nrchanisms are put in place
    • to eliminate electoral violence and other electoral malpractices: and
    • to ensure the salékeeping of' electoral nurlerials.

AMENDMENT (.N()

157 Electoral Law

( l ) An Act of Parliament nill.st provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following

Inatters—

  • the periodic delimitation of constituencies and wards in accordance with section 161 ;
  • the registration of voters, and requirements for registration on particular voters' rolls:

a code of conduct for political parties, candidates and other persons participating in elections or referendums;

  • a system ol' proportional representation for the election of persons to the seats in the Senate referred to in section 120( I '(a) and the seats reserved for won)en in the National Assembly referred to in section 124( I and the procedure for filling vacancies in those seats, "vhich vacancies nmust be filled by persons—
    • belonging to the san)e political parties as those who previously held the seats; and
    • of the same gender as the persons who previously held the seats:
  • the election of representatives of persons with disabilities under section

(D    the conduct of elections to provincial and Inetropolilan councils and local at.lthorities;

(g)   challenges to election results.

  • The systenl of propoltional representation provided {Or in terms of subsection ( I )(d) Inust ensure equal representation of women a:nong the Senators referred to ill section l)(a).
  • The Electoral Law Inust provide for the nonlination of candidates in any election to take place at least fourteen days after the publication of the proclamation calling for that election. Polling must take place at least thirty days after the nonlination of cand idates.
  • No arnendlnents {nay be made to the Electoral Law, or to any subsidiary legi.slation nnade under that law, unless the Zimbabwe Electoral C01nmission has been ancl any reconunendations Inade by the Commission have been dillv considerecl.
  • After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the pumose of that election.

PART 2

TIMING OF ELECTIONS

158 Timing of elections

( I ) A general election Inust be held so thal polline takes place not        than

  • thirty days bet0re the expi1Y of the live-year peliod specified in section 143,
  • where Parliament has passed resolutions to dissolve in tern)s ol' section 143(2), ninety days after the passing ol' the last such resolution: or where Parliament is dissolved in tenns of section 109(4) or (5) tk)flowillf-h a vote or 110 confidence, ninety days after the dissolution.
  • General elections to local authorities noust take place concun•ently with presidential and parl iamen tary general elections.
  • Polling in by-elections to Parliament and local authorities must take place within ninety days after the vacancies occulTed unless the vacancies occur within nine rnonths before a general election is due to be held, in which event the vacancies may rctnain unfilled until the general election.

159 Filling of electoral vacancies

Whenever a vacancy occurs in any' elective public ofT1ce established in tertns of this Constitution, other than an office to which section 158 applies, the authority charged with organising elections to that body must cause an election to be held within ninety day'S to fill thc vacancy.

PART 3

DELIMITATION OF ELECTORAL BOUNDARIES

160 Number of constituencies and wards

( I ) For the pumose of electing Members of Parliarnent, the Zimbabwe Electoral Conjlnission mnust divide Zin)babwe into two hundred and ten constituencies-

(2) For the purpose of elections to local authorities, the Zimbabwe Electoral Commission must divide local authority areas into wards according to the number of members to be elected to the local authorities concerned.

161 Delimitation of electoral boundaries

( l ) Once every ten years, on a date or within a petiod fixed by the C 'onlinission so as to fall as soon as possible after a population census, the Zimbabwe Electoral Commission Inust conduct a delimitation of the electoral boundaries into which Zimbabwe is to be divided.

  • Il' a delinlitation of electoral boundaries is completed less than six Inonths before polling day in a general election, the boundaries so delimited do not apply to that election, and instead the boundaries that existed immediatelv bef'ore the delinütation are applicable.
  • The boundaries of constituencies Inust be such that, so far as possible, at the tune of delimitation equal numbers of voters are registered in each constituency within Zirnbabwe.
  • The boundaries of wards must be such that, so far as possible. at the time of de[irnitation equal numbers of voters are registered in each ward of the local authority concerned.
  • In delimiting
  • the boundaries wards, the Zimbabwe Electoral Connmission Inust ensure that no ward is divided between two or more local authority areas;
  • the boundaries of constituencies, the Zimbabwe Electoral Commission must ensure that no ward is divided between two or more constituencies-

(6) In dividing Zinmbabwe into wards and constituencies, the Zinnbabwe Electoral Commission must. in respect of any area, give due consideration to(a) its physical features:

(b) the means of communication within the area; the geographical distribution of registered voters;

(d)  any community of interest as between registered voters:

in the case of any delimitation after the first delirnitation, existing electoral boundaries: and its population;

 

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and to give effect to these considerations. the Commission may depart fron) the requirement that constituencies and wards must have equal numbers of voters. but no constituency or ward of the local authofity concerned may have Inore than twenty per cent more or fewer registered voters than the other such constituencies or wards.

(7) After delimiting wards and constituencies, the Zimbabwe Electoral Con)mission Inust submit to the President a preliminary report containing—

  • a list of the wards and constituencies, with the naines assigned to each and a description of their boundalies•,
  • a map or noaps showing the wards and constituencies: and
  • any funher information or particulars which the considers necessary:

and the President must cause the prelil)linary delijnitation report to be laid before Parlialnent within seven days.

(8) Within fourteen days after a prelininary delimitation report has been laid before Parlian)ent

the President nmay refer the report back to the Zimbabwe Electoral Comnmission for further consideration of any matter or issue;

(b) either House inay resolve that the report should be ret'e1Ted back to the Zirnbabwe Electoral Conlmission for further consideration of any numtter or issue, and in that event the President rnust refer the report back to the for that funher consideration.

(9) Where a prelilninary delin)itation report has been referred back to it under subsect ion (8), the Zimbabwe Electoral  must give further consideration (o the 'natter or issue concerned, but the Conunission's decision on it is final

( 10) As soon as possible after complying with subsections (7) and (9), the Zimbabwe Electoral Commission must submit a final delimitation report to thc President.

( I I ) Within fourteen days after receiving the Zil)lbabwe Electoral Conmnis•sion •s final report, the President must publish a proclarnation in the Gazette declaring the nanle,s and boundaries of the wards and constituencies as finally detennined by the Conunission.

( 12) If there is a discrepancy between the description of the boundaries ot any ward or constituency and the map or maps prepared by the Zilnbabwe Electoral Comnlis,sion, the description prevails

CHAPTER 8

THE -DICIARY AND                COI RTS

PART I

THE COURT SYSTEM

162 Judicial authority

Judiciai authority derives the people of' Zimbabwe and is vested in the COUNS, which con)prise

(a) the Constitutional COUII•, (b) the Suprenne Coun:

(c) the High COUII•,

[he Labour Coutl•,

(e)   the Administrative Court:

(D    the magistrates courts;

  • the customary law courts; and
  • other courts established by or under an Act ol' Parliament.

163 The judiciary

( l ) The judiciary of Zimbabwe consists of—

  • the Chief Justice, the Deputy Chief Justice and the other judges ol' the Constitutional Court;
  • the judges of the Supreme Court:
  • the Judge President of the High Court and the other judges of that court;
  • the Judge President of [he Labour Court and the other judges of that court;
  • the Judge President of the Administrative Court and the other judges of that COLIN; and

(i) persons presiding over magistrates courts, customary law courts and other courts established by or under an Act of Parliament.

  • The Chief Justice is head of the judiciary and is in charge ol' the Constitutional Court and the Suprerne Court.
  • The Judge President of the High Court is in charge of that court.
  • The Judge President of the Labour Court is in charge of that court.
  • The Juclge President of the Adnoinistrative Court is in charge of that court.

164 Independence of judiciary

( l ) The courts are independent and are subject only to this Constitution and the law, which they illust apply impartially, expeditiously and without fear, favour or prejudice.

(2) The independence, invartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore—

  • neither the State nor any institution or agency of the governrnent at any level, and no other person, Il)ay interfere with the functioning of the couns•.
  • the State, through legislative and other nieasures, nutst assist and protect the courl.s to ensure their independence, irnpafliality, dignity. accessibility and effectiveness and to ensure that they conmly with the principles set out in section 165.
  • An order or decision of a court binds the State and atl persons and eovemnlental institutions and agencies to which it applies. and Illust be obeyed by thenl.
  • Nothing in this section is to be construed as preventing an Act of Parliali)ent fronl vesting lünctions other than adjudicating IUnctions in a mernber of the judiciary. plovided that the exercise of those functions does not compronmise the independence of the judicial officer concerned in the perl'orunancc of Ilis or her judicial functions and does not compromise the independence ol' the judiciary in general.

165 Principles guiding judiciary

( l ) In exercising judicial authority, noen)bers of the judiciary Illust be guided by the following pfinciples justice Inust be done to all h irrespeclive status:

(b) justice must not be delayed. and to that end members of the judiciary Inust perforrn their judicial duties efficiently and with reasonable protnptness•, (c) the role of the courts is paramount in safeguarding hun)an rights and freedotns and the rule of law.

  • Members of the judiciary, individually and collectively, must respect and honour their judicial office as a public trust and must strive to enhance their independ ence in order to rnaintain public confidence in the judicial systclll,
  • When making a judicial decision, a rnember of the judiciary must make it freely and wi thout intcrfcrcnce or undue intluence.
  • Menlbers of the judiciary must not
  • engage in any political activities;
  • hold office in Ol' be Inembcrs of any political organisati011', (c) solicit funds for or contribute towards any political organisation; or (d) attend political meetings.
  • Members of the judiciary not solicit or accept any gift, bequest, loan or favour that may influence thcir judicial conduct or give the appearance of judicial i Inpropriety.
  • Melnbers of the judiciary Inust give their judicial duties precedence over all other activities, and must not engage in any activities which interfere with or their judicial duties.
  • Members of the judiciary must take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and in particular Inust keep thenvselves abreast of developrnents in domestic and international law.

166 Constitutional Court

( I ) The Constitutional Court is a superior court of record and consists or (a) the Chief Justice and the [Deputy Chief Justice; and

(b) fi ve other judges of the Consti tu tional Court;

  • If the services of an acting judge are required on the Constitutional Court for a lilniled period, the Chief Justice Inay appoint a judge or a forrner judge to act as a judge of the Constitutional Court for that period
  • Cases before the Constitutional Court—

(a) conceming alleged infringenrnts of a [lindamental human right or freed0111 enshrined in Chapter 4, or concerning the election of a President or VicePresident, nms•t be heard by all the judges of the Court;

(h) other than cases referred to in paragraph (a). must be heard by at least three judges ol' the Coun•,

be heard by one or more judges of the Courc

(4 ) Judges or judges appoin ted to act under subsection (2) Inay continue to sit as judges of the Constitutional Court after their appointrnents have expired. for the purpose of dealing with any proceedings comnnenced belöre them while they were so acting.

167 Jurisdiction of Constitutional Court

( l ) The Constitutional Court

  • is the highest court in all constitutional matters, and its decisions on those noatters bind afl other courts:

 

N

  • decides only constitutional matters and issues connected with decisions on constitutional matters. in particular references and applications under section 1 and paragraph 9(2) of the Fifth Schedule; and
  • s the final decision whether a Inatter is a constitutional Inatter or whether an issue is connected with a decision on a constitutional niatter.

(2) Subject to this Constitution, only the Constitutional Court may

  • advise on the constitutionality of any proposed legislation, but may do so only where the legislation concerned has been refe1Ted to it in terms of this Constitution;
  • hear and detcm)inc disputes relati ng to election to the office of President
  • hear and detcm)inc disputes relating to whether or not a person is qualified to hold the office of Vice-President', or
  • deterilline whether Parliament or the President has failed to fulfil a constitutional obligation.
  • rl'he Consti tutional Court lilakes the final decision %tvhether an Act of' Parlimnent or conduct of the President or Parliaruent is constitutional, and tnust confirm any order of constitutional invalidity made by another coun before that order has any force.
  • An Act of Parliament lilay provide for the exercise of jurisdiction by the Constitutional Court and for that purpose may confer the power to Inake rules of court.
  • Rules of (he Constitutional Court must allow a person, when it is in the interests of justice and with or without [eave of the Constitutional Court

(a) to bring a constitutional matter directly to the Constitutional Court; (b) to appeal directly to the Constitutional Court from any other court; (c) to appear as a friend ol' the COLIN.

168 Supreme Court

( E) The Suprellle Court is a superior COLIN of record and consists of

  • the Chief .lustice and the Deputy Chief' Justice;
  • no fewer than two other judges of the Supreme Court; and (c) any additional judges appointed under subsection (2).

(2) If the services of an additional judge are required on the Suprerne (JOUN for a limited period, the Chief Justice may appoint a judge of the High Court, or a forrner iuclge to act as a judge of the Supreme Court (Or that period.

(3 ) ludges or former judges appoin ted to act under subsection (2) Inay continue to sit as judges of (he Supreme Court after their appointments have expired, for the pumose of dealing with any proceedings conunenced before them while [hey were so acting.

169 Jurisdiction of Supreme Court

( l ) '[he Supretuc Court is the final court of appeal for Zimbabwe, except in matters over which the Constitutional Court has jurisdiction.

  • Subject to subsection ( l ), an Act of Parliament may confer additiona[ ju and powers on the Supreme COUt1.
  • An Act ol' Parlianrnt may provide (Or the exercise of jurisdiction by the Supren)e Court and that purpose may conlZ•r the power to nvake ITIles ol' court.
  • Rules of court may confer on a registrar of the Supreme Court any of the COUN 's jurisdiction and powers in civil cases—
  • to make orders in uncontested cases. other than orders affecting status or the custody or guardianship of children;
  • to decide preliminary or interlocutory Inatters, including applications for directions, but not matters affecting the libefty of any person; but the rules must give any person affected by the registrar's order or decision a right

set it aside Ol' give any other order or decision he or she thinks fit.

170 High Court

The High Court is a superior coun of record and consists 01

  • the Chief Justice. the Deputy Chief Justice and the Judge President of the High Court; and
  • such other judges of the High Court as nitty be from tiine to tilne.

171 Jurisdiction of High Court

( l ) The High Court—

  • has original jurisdiction over all civil and criminal matters throughout

"Zill)babwe;

  • has jurisdiction to supervise magistrates cot.lfts and other subordinate courts and to review their decisions;

Illay decide constitutional except [hose that ()illy [he Constil.ulional Court niay decide; and

(d) has such appellate jurisdiction as lilay be conferred on it by an Act of' Parliamen t.

  • An Act of Parlialnent may provide for the exercise of jurisdiction by Lhe High Court and for that purpose lilay confer the power to make rules ol' court.
  • An Act of Parlialnent Inay provide for the High Court to be divided into specialised divisions, but every such division rnust be able to exercise the general jurisdiction of the High Court in any matter that is brought before it.
  • Rules of court lilay confer on a registrar 01? the Hieh Court power in civil cases—
  • to make orders in uncontested cases, other than orders affecting status or the custody or guardianship children:
  • to decide preiiminary or interlocutory ;natters, including applications for directions. but not matters affecting the liberty or any person;

but the rules musl give any person affected by the registrar's order or decision a right to have it reiiewed by a judge of the Ili o h Court, who ruay con linn it, amend it or set it aside or o i vc anv other order or decision he or she thinks tit.

172 Labour Court

( I ) The Labour Court is a court ol' record and consists of a -Judge President', nd

(b) such other judges of the Labour Court as may be appointed from tinne to tinie.

  • The Labour Court has such jurisdiction over matters of labour and employ. Inent as lilay be conferred upon it by an Act of Parliament.
  • An Act of Parliament may provide for the exercise of jurisdiction by the Labour Court and for that purpose may confer the power to make rules of court.

173 Administrative Court

( l ) The Administrative Court is a court of record and consists of

  • a Judge President; and
  • such other judges of the Administrative Court as Inay be appointed fronn tin)e to time-
  • The Administrative Court has such jurisdiction over administrative matters as nitty be conferred upon it by an Act of Parlialnent.
  • An Act of Parliament may provide ror the exercise of jurisdiction by the

174 Other courts and tribunals

An Act of Parliament may provide for the establishment, cornposition and illiisdiction or

(a) magistrates courts. to adjudicate on civil and criminal cases:

(h) customary law courts whose jurisdiction consists prilnarily in the application of customary law;

(e) other courts subordinate to the High Court; and

(d) tribunals for arbitration, rued iation and other forins of alternative dispute resolution.

175 Powers of courts in constitutional matters

( i ) Where a court makes an order concerning the constitutional invalidity oi any law or any' conduct of the President or Parliament, the order has no force unless it is con finned by the Constitutional Court.

  • A court which makes an order of constitutional invalidity referred to in subsection ( l ) may gran! a ternporary interdict or other temporary relief to a pally, or jnay adjoum [he proceedings. pending a decision of the Constitutional Court on the validity of the [aw or conduct concerned.
  • Any person with a sufficient interest may appeal, or appl directly to the ( 'onstitutional Coun to confirm or varv an order concemin o constitutional validity l)) a COUN in tenns of subsection ( l ) .
  • If a constitutional matter arises in any proceedings before a coun, the person presiding over that COUM may and, if so requested by any party to the proceedings, nmust refer the matter to the Constitutional COLIN unless he or she considers the request is merely fi•ivolous or vexatious.
  • An Act of Parliament or rules of COUN must provide for the leference to the Constitutional Coum of an concernin g constitutional invalidity made in terms of subsection ( l ) by a coum other than the Constitutional Court.

 

  • When deciding a constitutional Inatter within its jurisdiction a court nvay —
  • declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency;
  • nvake any order that is just and equitable. including an order lilDiting the retrospective effect of the declaration of invalidity and an order suspending conditionally or unconditionally the declaration of invalidity for any period to allow the conipetent authority to correct the defect.

 

176 Inherent powers of Constitutional Court, Supreme Court and High Court

The Constitutional Court. the Suprenne Court and the High Court have inherent power to protect and regulate their own process and to develop the connmon law or the cust0Jnary law, taking into account the interests of justice and the provisions of this Constitution.

PART 2

APPOINTMENT AND TENI OF MF.MBF.RS OF JUDICIARY

177 Qualifications of judges of Constitutional Court

( I ) person is qualified for appointrnent as a judge of the (Pons(itutional Court if he or she is a ZilDbabwean citizen, is at least f'orty years old and has a sound knowledge of constitutional law and, in addition, possesses one of the following qualifications he or she has been a judge of a court with unlin)ited jurisdiction in civil or crilninal matters in a country in which the comrnon law is R01nan-I)utch or I inglish, and English is an official ly recogni.sed languagc•, or

for at least twelve years, whether continuously or not, he or she has been qualified to practise as a legal practitioner

  • in Zill)babwe; or
  • in a country in which the coininon law is Ron)an-Dutch or English and En g lish is an officially recogniscd language, and is currently so qualified to practi.se.

(2) To be appointed as a judge of the Constitutional Court a person Inust be a fi t and proper person (o hold officc as a jud2e

178 Qualifications of judges of Supreme Court

( I ) person is qualified [or appointlncnl as a judge of the Suprcrnc Court if he or she is a Zimbabwean citizen aud at least IOrty years old and. ill

(a) is or has been a judge ol' a court with unlimited jurisdiction iil civil or crininal Inatters in a country in which the con)lnon law is Ronvan-l)utch or I inelisll and lili21ish is an oflicialåv rcco o nised languagc•. Ol(b) for al }easl len years, whether continuously or 7101, he or she has been quali lied to practisc as a legal practi tioncr— (i) in Zirnbabwe: or

(ii) in a country in which the common law is Roman-Dutch or English and l inulisll is an officially wco o nised langua oe•, and is cu rrcntly so q ualified to practisc»

(2) 'I'D be appointed as a judge of the Supreme Court a person nill.qt be a fit and proper person to hold office as a judge.

179 Qualifications of judges of High Court, Labour Court and Administrative Court

( l ) A person is qualified for appointment as a judge of the High Court, the Labour Court or the Administrative Court if he or she is at least forty years old and, in addition  is or has been a judge of a court with unlin)ited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or I tnglish and English is an officially recognised language; or

(b) for at least seven years, whether continuously or not. he or she has been qualified to practisc as a legal practitioner— (i) in Zimbabwe;

  • in a country in which the law is Roman-Dutch and English is an officialfv recognised language: or
  • if he or she is a Zimbabwean citizen. in a country in which the coniluon law is linglish and English is an officially rccognised language; and is currently so qualified to practisc.

(2) To be appointed as a judge of the High Court, the Labour Cotill or the AdIllinistrative Court a person must be a fit and proper person to hold office as a Judge.

180 Appointment of judges

( l ) The Chief Justice, the Deputy Chief Justice, the Judge President of the High Coun and all other judges are appointed by the President in accordance with this section.

(2) Whenever il is necessary to appoint a judge, the Judicial Service

Inust -

  • advertise the position;
  • invite the President and the public to make nominations;
  • conduct public interviews of prospective candidates;
  • prepare a list of three qualified persons as nommees for the office; aud
  • submit the list 10 the President; whereupon. subject to subsection (3), the President must appoint one of the nominees to the office concerned.
  • If the President considers that none of the persons on the list submitted to hilli or her in tcrlns of' subsection (2)(c) are suitable for appointnwnt to the of(tcc, Itc or she noust require the Judicial Sewice Conunission to submit a further list ()i' three qualificd persons, whereupon (he President Inust appoint one of the nogninecs to the ollicc concerned.
  • The President must cause notice of every appointment under this section to be published in the (;azette.

181 Acting judicial appointments

( l ) If the office of Chief Justice is vacant or if the oflice-holdcr is unable to pctform the lünclions of (he office, the Deputy Chief Justice acts in his or her place, but if both offices arc vacant or both office-holders arc unable to perforlll their IUnctions, the next mos! senior itidge of the Constitutional Court acts as Chief Justice.

(2) If the office of

  • Judge President of the High Court;
  • Judge President of the Labour Court; or
  • Judge President of the Administrative Court; is vacant or if the office-holder is unable to perf01711 the functions of that office, the next Inost senior judge of the court concerned acts as Judge President.
  • If the services ol' an additional judge of the High COLM, the Labour Court or the Adlilinistrative COLIN are required [Or a lililited period the President, acting on the advice of the Judicial Service Commission, may appoint a former judge to act in that office for not gnorc than twelu: months, which period may be rcncnved for one funher period of twelve months.
  • Persons appointed to act under subsection (3) Inay continue to sit as judges after their appointinents have expired, {Or the pumose of dealing with any proceedings connnenced before them while they were so acting.

182 Appointment of magistrates and other members of judiciary

An Act of Parliament Illust provide for the appointment of magistrates and other iudicial officers other than judges, but—

(a) Inagistrates must be appointed by the Judicial Service Commission; judicial officers other than Inagistrates or judges tnust be appoin ted with the approval of the Judicial Service Coynmission; all such appointnrnts must be Inade transparently and without fear, preiudiee or bias.

183 Judicial officers not to be appointed to more than one court

Except as otherwise plovided in this Constitution a person nut,st not be appointed as a judicial officer of more than one court.

184 Judicial appointments to reflect society

Appointlncnts to the judiciary Illust reflect broadly the diversity and gender colliposition of Zin)babwe.

185 Oath of office

( I ) Before the Chief Justice or l)eputy Chief Justice assulnc.s office, he or she noust take, the, President or a person authorised by the President. the judicial oath in the form set out in the Third Schedule.

  • Before a judge, other than the Chief Justice or Deputy Chief Justice. asswnc.s office, he or she Illust take, before the Chief Justice or the next Inos•t senior judge available. the judicial oath in the form set out in the Third Schedule.
  • The Acts ol' Parliament under which Inagistrates and other nnembers ol' the judiciary, other than judges, are appointed nuust prescribe the oath to be taken by those mernbers ol' the judiciary.

186 Tenure of office of judges

( I ) Judges ol' the Constitutional Court are appointed for a noil-renewable tenn of not Illore than fifteen vcars, but

  • they Illust retire earlier if they reach the age of' seventy years; and

 

  • after the cornpletion of their term, they [nay be appointed as judges of the Supreme Court or the High Court, at their option, if they are eligible for such appointnnent.
  • Judges of the Suprellle Court, the High Court and any other Judges hold office fron1 the date of their assumption of office until they reach the age of seventy years, when they Inust retire.
  • A person nvay be appointed as a judge of the Supreme Coun , the High Court and any other courts fov a fixed ternl, but it' a person is so appointed, other than in an acting capacity, he or she ceases to be a judge on reaching the age of seventy years even if the tenn of his or her appointment has not expired.
  • Even though a judge has resigned or reached the age of seventy years or, in the case of a judge of the Constitutional Court oj- a judge referred to in subsection reached the end of his or her term of office, he or she continue to sit as a judge for the purpose of dealing with any proceedings con)menced before hin) or her white he or she was a judge.
  • judge may resi gn Croni his or her office at any tinie by written notice to the President given through the Judicial Service Con)mission.
  • rl'he office of a judge must not be abolished during his or her tenure of office.

187 Removal of judges from office

( l ) X judge tnay be rernoved fron) office only for—

  • inability to perfornl the functions of his or her office, due to mental or physical incapacity;
  • gross incornpetence; or
  • gross misconduct; and a judge cannot be rernoved fronl office except in accordance with this section.
  • If the President considers that the question of rexnoving the Chief Justice office ought to be investigated, the President Illust appoint a tn bunal to inquire into the matter.
  • If the Judicial Service Cornmission advises the President that the question of any judge, including the Chief Justice, office ought (o be investigated, the President must appoint a tribunal to inquire into the Inatter
  • A tribunal appointed under this section Inust consist of at least three men)bers appointed bv the President. of whom at least one must be a person who
    • has served as a judge ol' the Supreme Court or High Court in Zillibabwe; or
    • holds or has held olTice as a judge of a court with unlimited iurisdiction in civil or criminal matters in a country whose common law is Roman-Dutch or English* and English is an officially recognised language:

(b) at least one musl be chosen from a lisl ol' three or more legal practitioners of seven years' standing or more who have been nominated bv the association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe.

  • The association referred 10 in subsection (4)(b) must prepare the list referred (o in Ihal subsection when so required by [he Presidenl-

78

  • The President Inust designate one of lhe members of a tribunal appointed under this section to be chaimerson of the tribunal.
  • A tribunal appointed under subsection (2) or (3) must inquire into the question of rernoving the judge concerned frorn office and, having done so, nul,st report its findings to the President and recorurnend whether or not the judge should be reinoved frorn office.
  • The President must act in accordance with the tribunal's reconlmendation in terrns of subsection (7).
  • A tribunal appointed under this section has the same rights and powers as commissioners under the Con)missions of Inquiry Act [Chapter or any law that replaces that Act.

( 1()) If the question of rernoving a judge frorn office has been refenvd to a tribunal under this section, the judgc is suspended office until the Presidents on the reconuuendation of the tiibunal, revokes the suspension or reinovcs the judge froln office.

( l l ) An Act of Parliament nitty empower the Judicial Service Conunission or a tribunal appointed under this section to require any judge to subliÄit to a Inedical examination by a medical board established for that purpose, in order to ascertain his or her physical or mental health.

188 Conditions of service and tenure of members of judiciary

( l) Judges arc entitled to the salaries, allowances and other benefits fixed frotll tinie to tilne by the Judicial Service Commission with the approval of the President given after consultation with the Minister responsible for justice and on the recolnnrndation of the. Minister responsible for tinance.

(2) An Act of Parlianlent IntlSt provide for the conditions of service of judicial officers other than judges and Inust ensure that their pro:notion, transfer and disini ssal, and any disciplinary steps taken against them, take place--

  • with the approval of the Judicial Service Cornnlission; and
  • in a fair and transparent Inanner and without fear, favour or prejudice.
  • "I"hc salaries, al Iowanccs and other benefits of members of the judiciary are a charge on the Consolidated Revenue Fl.lnd.
  • 'I'llC salaries, allowances and other benefits of' members of the judiciary Illust not bc reduced while they hold or act in (he office conccmcd

PART 3 h   SERV          COMMISSION

189 Establishment and composition of Judicial Service Commission

( I ) There is a Judicial Service Commission consisting of

  • the Chief -Justice;
  • the Deputy Chief -lustice;

(C)    the .ludge President of the High COLIIV,

  • one judge nominated by the judges of the Const itutional COLIN, the Supreme Court, the High Court. the Labour Court and the Administrative Coun ;
  • the Attorney -General; the chief Inagislrale; (g) the chairperson of the Civil Service Commission;
  • three practising legal practitioners of at least seven years' experience designated by the association, constituted under an Act oi Parliament, which represents legal practitioners in Zimbabwe;
  • one professor or senior lecturer of law designated by an association representing the majority of the teachers of law at Zimbabwean universities or, in the absence of such an association, appointed by the President;
  • one person who for at least seven years has practised in Zimbabwe as a public accountant or auditor, and who is designated by an association, constituted under an Act of Parliament. which represents such persons; and one person with at least seven years' experience ill huntall resources managelnent, appointed by the President.

(2 ) The Chief Justice or, in his or her absence. the Deputy Chief Justice presides at meetings of the Judicial Setvice Commission. and in the absence of both of them at any meeting the members present elect one of their number to preside at the

(3) The members of the Judicial Service Commission referred to in paragraphs (d), (h), (i), (i) and (k) of subsection ( l ) are appointed for one non-renewable tern) of six years.

190 Functions of Judicial Service Commission

( ) The .ludicial Service Commission may tender advice to the Governinent on any niatter relating to the judiciary or the adrninistration of justice. and the Govermnent rnust pay due regard to any such advice.

  • The Jl.ldicial Service Commission rnust promote and facilitate the independcnce and accoun [ability of the j udiciary and the efficient, effective and transparent administration of justice in Zil)lbabwe, and has all the powers needed for this pumose,
  • The Judicial Service Commission, with the approval of the Minister responsible for justice, nuty lilake regulations for any pumose set out in this section.
  • An Act of Parliarnent may confer on the Judicial Service Comnlission functions in connection with the ernployment, discipline and conditions of sewice of persons employed in the Constitutional Court, the Suprenne Court. the High Court, the Labour Court, the Administrative C.ourt and other courts

191 Fairness and transparency of proceedings of Judicial Service Commission

The Judicial Service Cornmission must conduct its business in a just, fair 'transparent manner.

PART 4

GFXFRAI.

192 Law to be administered

The law to be administered by the courts of Zimbabwe is the law that was in force on the el'l'ec(ivc date, as subsequently fnodified.

 

193 Criminal jurisdiction of courts

Only the following courts Inay exercise or be given jurisdiction in crinoinat cases -(a) the Constitutional Court, the Supreme Court, the High Court and magistrates courts;

(b) a court or tribunal that deals with cases under a disciplinary law, to the extent that the jurisdiction is necessary for the enforcement of discipline in the disciplined force concerned.

CHAPTER 9

PRINCIPIXiS or: PUBI ADMINISTRATION AND

194 Basic values and principles governing public administration

( l ) Public administration in atl tiers of govemment, inclucling institutions and agencies of the State. and govemment-controtled entities and other public enterprises. noust be governed by the democratic values and principles enshrined in this Constitution. including the following principles—

  • a high standard of professional ethics must be promoted and maintained;
  • efficient and economical use of resources nillst be prornoted ,
  • public administration Inust be development-oriented;
  • services must be provided ilnpartially, fairly, equitably and wi thout bias:
  • people's needs lnu.st be responded to within a reasonable tilne, and the public Inust be encouraged to panicipate in policy-nvaking; public adn)inistrati011 must be accountable to Parliarnent and to the people; (g) institutions and agencies of govecnnrnt at all levels n)llxst co-operate with each other;
  • transparency must be fostered by providing the public with tilnely. accessible and accurate information;
  • good human-resource and career-developnent practices. to hunutn potential, must be cultivated;  public administration must be broadly representative of the diverse communities ol' Zimbabwe;

(k) ernployment, training and advancanent practices nu.ls•t be based 011 ynerit. ability, objectivity, fairness, the equality of Inen and wolnen and the inclusion of persons with disabilities', and the Slate Inust take Ineasures. including legislative measures, to these values and principles.

(2) Appointnmcnl.s to offices in all tiers or goui lllment, incl uding cmjncnt inst itutions and agencies and government-controlled entities and other public entemrises.

n)1iS1 be made prinvarily on the basis ol' ineril.

195 State-controlled commercial entities

( I ) Companies and other commercial entities owned or wholly controlled by the Slate must. in addition to complying with the principles set out in section 194( I conduct their operations so as to nyailltain cornnwrciai viability and abide by generally accepted standards good corporate govemance.

(2 ) Conopanies and other coniinercial entities referred to in subsection ( I ) noust establish transparent, open and competitive procurement systems.

196 Responsibilities of public officers and principles of leadership

( l) Authority assigned to a public officer is a public trust ivhich must be exercised in a manner which—

  • is consistent with the purposes and objectives of this Constitution;
  • demonstrates respect for the people and a readiness to serve them rather than rule them; and
  • protnotes public confidence in the office held by the public officer.
  • Public officers Illust conduct thenusel ves. in public and private life, so as to oid any conflict between their personal interests and their public or official duties, and to abstain {'rolli any conduct that demeans (heir office.
  • Public officers in leadership positions Illus( abide by the following plinciples of leadership
  • objectivity and illipattiality in decision nnaking;
  • honesty in the execution public duties;
  • accountability to the, public for decisions and actions; and (d) discipline ancl con)mitment in the service of the people.

197 Terms of office of heads of government-controlled entities

An Act of Parliament may limit the ternl.s of office of chief executive officers or heads of government-controlled entities and other conornercial entities and public enterprises owned or wholly controlled by the State.

198 Legislation to enforce Chapter 9

An Act of Parliament rnust provide measures to enforce the provisions of this

Chapter, including Ineasures— requiring public officers to lilak•e regular disclosures of (heir assets,

  • establishing codes of conduct (o be observed by public officers;
  • specifying the standards of good corporate governance to be observed by government controlled entities and other comrnercial entities owned or wholly controlled by the State; providing for the disciplining of persons who contravene the provisions of this Chapter or of any code of conduct or s'tandard referred to in paragraph (b).

CHAPTER 10

CIVIL SERVICE

199 Civil Service

( ) There is a single Civil Service, which is responsible for the administration of Zimbabwe-

(2) The Civil Service consists of persons employed by the State other than— members of the security services and any other security service thal may be established;

  • judges, magistrates and persons presiding over courts established by an Act of Parliament:
  • menibers ol' Conlillissions establishecl bv this Constitution:
  • the staff of Parliament; and
  • any other person whose of'(icc or post is stated, bv this Constitution or an Act ol' Parlianlenl. not to IOrm part of the Civil Service.

(3) An Act of Parliament must provide for the organisation, structure, managelnent. regulation. discipline and, subject to section 203, the conditions of service of tnembers of the Civil Service.

200 Conduct of members of Civil Service

( I) Members of the Civil Service must act in accordance with this Constitution and the law.

  • No mernber of the Civil Service may obey an order that is manifestly illegal.
  • No member of the Civil Service may, in the exercise of their functions— (a) act in a partisan manner;
  • further the interests of any political party or cause:
  • prejudice the lawful interests of any political party or cause; or (d) violate the Illndamental rights or freedoms of any person.
  • N fenlbers of the Civil Service must not be office-bearers of any political party
  • An Act of Parliament nnust make provision to ensure the political neutrality of the Civil Service.

201 Minister responsible for Civil Service

The President rnust appoint a Minister to be responsible for the Civil Service.

202 Establishment and composition of Civil Service Commission

( l ) There is a Civil Service Commission consisting of

(a) a chairperson and deputy chaimerson: and

appoin ted by the President.

(2) Menlbers of the Civil Service Conunission must be chosen for their knowledge of or experience in adnoinistration. managelnent or the provision ol' public services.

203 Functions of Civil Service Commission

( l) The Civil Service Comnissi011 has the following functions—

(a) to appoint quali fied and cornpetent persons to hold posts in the ( il Service, subject to section 65(5), to fix and regulate conditions of service, including salaries. allowances and other benefits s or rncmbcrs of the Ci vil Service to exercise control and disciplinary powers over menibers of the Civil Selvice:

to investieate grievances and to remedy the grievances of members oi the Cisil Service concerning official acts or omissions;

(e) to illiplctllent Illcasures to cnsurc effective and efficient performance within. and the general well-being of. the Civil Service;

(l) to ensure that meulbcr.s of the Civil SelWice carry out their duties efficienll and impartially;

to advise the President and the Minister on any matter relati112 to the Civil Service:

  • to promote throughout the Civil Service the values and principles set out in [his Constitution: and

 

  • to exercise any other function that is conferred or imposed (')n the Cominission by this Constitution or an Act of Parliament.
  • The Civil Service Cornn)ission, with the approval of the Minister responsible for the Civil Service, Inay make regulations for any of the pulposes set out in subsection ( l).
  • The Civil Service Cornmission must exercise its functions in accordance with any general written policy directives which the Minister responsible for the Civil Service rnay give it 6
  • In fixing the salaries, allowances and other benefits of Inernbers of the Civil Service the Civil Service Conmission must act with the approval of the President given on the recon)mendation of the Minister responsible for finance and after consultation with the Minister responsible for the Civil Service.

204 Ambassadors and other principal representatives of Zimbabwe

The President may appoint persons to be an)bassadovs or other principal representatives of Zimbabwe in other countries or to be accredited to international organisations and may, at any tilne, remove those persons from their posts.

205 Permanent Secretaries

( l ) Permanent Secretaries of Ministries are appointed by the President after consultation with the Civil Service Comn)ission.

(2) 'I*he term of office of a Pennanent Secretary is a period of to fi ve ears, and is renewable once only subject to competence, performance and delivery.

CHAPTER I I

SECURITY SERVICES

PART I

GENERAL PROVISIONS

206 National security

Zin)babweans to live as equals in liberty, peace and hannony, free (Tom fear, and in prosperity.

  • The national security of Zimbabwe must be secured in compliance with this Constitution arid the law.
  • In particular, the protection of national security must be pursued with the utinost respect Ik)r

(a) the fundamental rights and freedoms and the democratic values and principles enshrined in this Constitution; and

207 Security services

( I ) The security services ol' consist of the Detence Forces:

(b) the Police Service; the intelligence services:

  • the Prisons and Conectional Service: and
  • any other security service established by Act of Parlimnent.
  • The security services are subject to the authority of this Constitution. the President and Cabinet and are subject to parliamentary oversight.
  • N lerubership of the security services must reflect the diversity of the peopfe of Zimbabwe.

208 Conduct of members of security services

( l ) Men)bers of the security services act in accordance with this Constitution and the law.

(2) Neither the security services nor any ol' their members may, in the exercise of their functions —

  • act in a partisan Inanner;
  • funher the interests of any political party or cause;
  • prejudice the lawful 'interests of any political pan y or cause; or (d) violate the fundamental rights or freedonus of any person.
  • Niembers of the security services illust not be activc Illenlber.s or officc bearers of any political party or organisation.
  • Serving melnbers of the security services nutst not be employed or engaged in civilian institutions except in periods of public emergency.

209 National Security Council

( I ) There is a National Security Council consisting of the President as chairperson, the Vice-Presidents and such Ministers and members of the security services and other persons as Iliay be determined in an Act of Parlianrnt.

(2) The functions of the National Sectirity Council are—

  • to develop the national security policy for Zimbabwe;
  • 10 inforl)) and advise the President on Inatters relating to national security; and
  • to exercise any other functions that may be prescribed in an Act of Parlianrnl.

(3) The conimanders of the security services must provide the National Security Council with such reports on the security situation in Zimbabwe as the Council nvay reasonably require.

210 Independent complaints mechanism

An Act of Parliament must provide an etTective and independent noechanism receiving and investigating complaints from nnembers of the public about n)isconduet on the part of Ineli)bers ol' the security services. and for remedying any hann caused bv such lilisconduct„

PART 2

FORCFS

211 Defence Forces

( l ) The Defence Forces of Zilnbabwe consist of an Anny. an Air Force and any other services that may be established under an Act (_)l• Parliannenl.

  • The l)elénce Forces are the only lawful Il)ilitary forces in Zilnbabwe-

CONS'I'ITUTION                                                       (No

  • The Defence Forces must respect the fundamental rights and of all persons and be non-panisan, national in character, patriotic, protéssional and subordinate to the civilian authority as established by this Constitution.
  • The Defence Forces Illust be maintained as disciplined military forces.
  • An Act of Parliament must provide for the organisation, structure , manageruent, regulation, discipline and prornotion and dernotion of officers and other Inenlbers and, subject to section 21 8, the conditions of service of members of the Defence Forces.

212 Function of Defence Forces

The function of the Defence Forces is to protect Zi mbabwe, its people, its national security and interests and its territorial integrity and to uphold this Constitution.

213 Deployment of Defence Forces

( I ) Subject 10 this Constitution, only the Presiclent. as Comrnander-in-ChieC of the Defence Forces, has power-—

  • to authorise the deployment of the Defence Forces; or
  • has power to determine the operational use of the Defence Forces.

(2) With the authority of the President. the Defence Forces Inay be deployed in Zinobabwe— in defence of Zin)babwe•,

  • in support of the Police Service in the maintenance of public order, or
  • in supporl of the Police Service and other civilian authorities in the event of an emergency or disaster.

(3) With the authority of the President, the Defence Forces may be deployed outside Zimbabwe—

  • on peace-keeping operations uncler the auspices of the United Nations Organisation or any other international or regional organisalion of which Zillibabwe is a member;
  • to defend the territorial integrity of a foreign country:
  • in fulfillnent of an illtemational comtnittnent', or
  • in defence of Zimbabwe's national security or national interests.
  • By a two-thirds Inajorily of the total membership of Parliament al a ioint silting of the Senate and the National Assembly, Parlian)ent Inay resolve that a deployment of the Defence Forces outside Zimbabwe should be rescinded
  • Where Parliament has resolved that a deployment of the Defence Forces outside Z,inlbabwe should be rescinded. [he President must take all practical steps to withdraw the Defence Forces, taking due account of the need to ensure the safely; ol' Zimbabwean personnel and equipment.

214 Political accountability for deployment of Defence Forces

When the Defence Forces are deployed

  • in Zirnbabwe to assist in the maintenance of public order: or
  • outside Zillibabwe; the President must cause Parliament 10 be inl'ormed, promptly and in appropriate detail, of the reasons for their deployment and
    • where [hey are deployed in Zimbabwe, the place where they are deployed;

 

  • where they are deployecl outside Zimbabwe, the country in which they are deployed.

215 Minister responsible for Defence Forces

The President Jnust appoint a Minister to be responsible for the Defence Forces.

216 Command of Defence Forces

( l ) An Act ot- Parliament may provide that

  • the Defence Forces are to be under the coinmand ol' a single Commander; or
  • each service of the Defence Forces, or any two or more ol' then) jointly, are to be under the cornnrand of a sepa.rate Con)mander.
  • Every Commander of the Defenee Forces. and every of a service of the Defence Forces. is appointed by the President after consultation with the Minister responsible Cor the Defence Forces.
  • Con)manders of the Defence Forces and Comnuxnders of services of the

l)cfcncc Forces, are appointed for a ternn of not Inorc than five years, and a person Inusl not serve in any onc or those offices for Inore than o terins.

  • A person who has served as Conunander of a service of the Defence Forces ID,ay be appointed as Con)lnander of the Defence Forces. but a person who has served as of the Defence Forces may not be appointed as Con)mander of a service of the Defence Forces or to the eon)lnand of any other security service-
  • Every of the Defence Forces, and every Con)lnander of d service of the Defence Forces. Il)ust exercise his or her comnand in accordance with general wiitten policy directives given by the Minister responsible for the Defeiice Forces acting under the authori{Y of the President.

217 Establishment and composition of Defence Forces Service Commission

( I ) ülere is a Detence Forces Service Cornmission consisting of a chairperson who nul.st be the chairperson of the Civil Service Comnission, and a  of two and a Inax•unun) of' six other Inenlbers appointed by the President.

(2) Members of the Defence Forces Service Con)mission must be chosen for their knowledge of or experience in admin istration. nutnagen)ent, [itary alTairs , their professional qualifications or (heir o eneral suitability for appoinuncnt, and al least half of then) be persons who are not and have not been members of the Defence Forces;

(b) at least one of them Inust have held senior rank in the Decence Forces for onc or periods annountin o to at least (i YQars.

218 Functions of Defence Forces Service Commission

( ) The Decence Forces Sen;ice Comnoission has the following IUnction.s (o             qualified and competent persons to hold posts or ranks in the Defence Forces;

  • to lix and re2ulate conditions ot- senicc, incl uding salaries, allcnvanccs and other benefits, of Inenlbers of the Dc(encc Forces;
  • to ensure the general well-being and good adn)inistration of the Del'ence

Forces and their •naintcnanc,c in a high state of c[ficicncv

  • to ensure that menibers of' the Defence Forces comply with section 208;
  • to foster harmony and understanding between the Defence Forces and civilians;
  • to advise the President and the Minister on any matter relating to the Defence Forces; and
  • to exercise any other function conferred or imposed on the Comrnission bv this Constitution or an Act of Parliament.
  • The Defence Forces Service Commission, with the approval of the Minister responsible for the Defence Forces, may nvake regulations [or any of the purposes set out in subsection ( l ) .
  • In fixing the salalics, allowances and other benefits of rnembers ol' the Defence Forces, the Defence Forces Service C01nmission nuist act with the approval of the Plesident given on the recommendation of Ille N Tinister responsit)le for finance and after consultation with the Minister responsible for the Detence Forces.

PART 3

SFRVICF.

219 Police Service and its functions

(' l ) There is a Police Service which is responsible for

  • detecting, investigating and preventing crime;
  • preserving the internal security of Zimbabwe;
  • protecting and securing the lives and property of the people; Inaintaining law and order; and

(e) upholding this Constitution and enforcing the law without fear or favour.

(2) The Police Service nwst exercise its functions in co-operation with, (a) any intelligence service that may be established by law;

(b) any body that nvay be established by [aw for the purpose of' detecting. investigating or preventing particular classes of offences; and (c) regional and international bodies fornmed to conibal crinie.

  • The Police Service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
  • An Act of Parlianlent nunst provide for the organisation, stiucture, inanagetnent, discipline and promotion and of o[liccrs and other Inembers and. subiect to section 223. the conditions of service of Inenmbers of the Poi ice SelNice-

220 Minister responsible for Police Service

The President must appoint a Minister to be responsible for the Police Service.

221 Commissioner-General of Police

( ) The Police Service is under the cominand of a Comnnissioner-(iellerai of Police appointed by the President after consultation with the Minister responsible l'or the police.

(2) 'l'he C N onilliissioner-(icneral of Police is appointed for a li uvyear term which inay be renewed once.

(-3) A person who has served as C01nmissioner-General of Police may not be appointed to the comnvand of ally other security service.

(4) The  of Police noust exercise his or her cotnnvand in accordance with any general written policy directives given by the Minister responsible for the police acting under the authority of the President.

222 Establishment and composition of Police Service Commission

( l ) There is a Police Service Commission consisting of a chairperson, who must be the chairperson of the Civil Service ConMDission, and a minimum of two and a rnaximum of six other members appointed by the President.

(2) Menlbers of the Police Service Commission must be chosen for their knowledge of or experience in the maintenance of law and order, administration, or their professional qualifications or their general suitability ('or appoinuncnt, and — at least half of them must be persons who are not and have not been melnbers of the Police Service:

(b) at least one of thenl rnust have held a senior rank in the Police Service for one or Inorc periods arnoun ting to at least five years.

223 Functions of Police Service Commission

( I ) The Police Service Conunission has the following functions-

  • to erup!oy qualified and competent persons to hold posts or ranks in the Police Service:
  • to fix and regulate conditions of service, including salaries, allowances and other benefi ts, of Inclilbcrs of the Police Service;
  • to ensure the general well-being and good administration of the Police Service and its tnaintenance in a hi gh state of efTiciency; to ensure that members of the Police Service comply with section
  • to foster h',umony and understanding between the Police Service and civilians;
  • 10 advise the President and the Minister on any Illatter relating to the Police Service; and
  • to exercis'e any other function conferred or ilnposed on the Comnlission by this Constitution or an Act of Parlian)ent.
  • The Police Service Conli)lission. with the approval of the Minister responsible tor the Police Sewice. may make regulations for any of the purposes set out in subsection ( I ).
  • In fixing the salaries, allowances and other bench ts oc or the Police Service. the Police Service noust act with the approval of the President given on the reconlrncndation of the N linister responsible ror finance and after consultation with the Minister responsible for the Police Service.

PART 4

SERVICES

224 Establishment of intelligence services

( I ) Any intelligence service the State. other than an intelligence division of

[he Detence Forces or the Police Service, Illust be established in terms of a law or a Presidential or Cabinet dirctive or order-

(2) Any intelligence service of the Slate musl be non-panisan, naiional m character. patriotic professional and subordinate to the civilian authority as established bv this Constitution.

 

225 Minister responsible for national intelligence service

The President must appoint a Minister to be responsible for any nat.ional intelligence service.

226 Command or control of national intelligence service

( I ) A national intelligence service must be under the command or control ol' a Director-General of Intelligence Services who must be appointed by the President for a five-year term which may be renewed once,

  • The Director-General of Intelligence Services must exercise his or her connmand or control in accordance with any general written policy directives given by the Minister responsible for the national imelligence service acting under the authority of the President.
  • A person who has served as Director-General of Intelligence Services may not be appointed to the coinmand of any other security service.

PART 5

PRISONS AND CtORRECTtON SERVICE

227 Prisons and Correctional Service and its functions

( l ) There is a Prisons and Con-ectional Service which is responsible for— (a) the protection of society fi•onl crilninals through the incarcerati011 and rehabilitation of convicted persons and others who are lawfully required to be detained, and their reintegration into society; and

(b) the administration of prisons and correctional facilities.

  • The Prisons and Correctionai Service must be non-partisan. nat ional In character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.
  • An Act of Parlialnent must provide for the structure, inanagelllent, regulation, discipline and protnotion and of officers and other menffers and, subject to section 23 1 the conditions of service of noembers of the Prisons and Correctional Service.

228 Minister responsible for Prisons and Correctional Service

The President Inust appoint a Minister to be responsible for the Prisoru-; and Correctional Sereice.

229 Commissioner-General of Prisons and Correctional Service

( t ) The Prisons and Correctional Service is under the comrnand of a Conunissioner-General of the Prisons and Correctional Service appointed by the President after consultation with the Minister responsible for the Prisons and Correctional Service-

  • The Comn1issioner-General ol' the Prisons and Con-ectiona[ Service is appointed a five-year term which Inay be renewed once.
  • A person who has served as of the Prisons and Correctional Service may not be appointed to the command ol' any other security service.
  • 'I'he Comnissioner-(ieneral of the Prisons and Correctional S;ervice nousl exercise his or her connenand in accordance wilti general written policy directives given by the Minister responsible for the Prisons and Correctional Service acting under the authority of the President.

230 Establishment and composition of Prisons and Correctional Service Commission

( l ) There is a Prisons and Correctional Service Commission consisting of a chairperson, who must be the chairperson of the Civil Service Cojnnlission, and a minimum of two and a maximum of six other members appointed by the President.

(2) Men)bers ol' the Prisons and Correctional Service Commission must be chosen for their knowledge of or experience in administration, management, security affairs, or for (heir professional quali [ications or (heir general  for appointment, and

  • al least half of them must be persons who are 110t and have nol been Inembers of the Prisons and Con•ectional Service:
  • at least one of them nmust have held senior rank in the Prisons and Correctional Service for one or tnorc periods amounting to at least five years.

231 Functions of Prisons and Correctional Service Commission

( l ) The Prisons and Correctional Service Comrnission has the following functions —

  • to eruploy qualified and conipctent persons to hold posts or ranks ill the Prisons and Correctional Service;
  • to fix and regulate conditions of service, incl uding salaries, allowances and other benefits, of mernbers of the PH sons and Correctional Service; (c) to ensure the general well-being and good administration of the Prisons and ( Service and its rnaintcnance in a high state of cflicicncv ,  to ensure that Illelnbers of the Prisons and Correctional Service coinply with section 208;

(e) to foster harmony and understanding between the Prisons and Con•ectional Service and civilians;  to advise the President and the Minister on any nnatter relating to the Prisons and Con•ectional Service; and  to exercise any other function conferred or ilnposed on the Con)mission by this Constitution or an Act of Parliament.

(2 ) The Prisons and Correctional Service Commission, with the approval of the

Minister responsible ['or the Prisons and Correctional Service. Illay make regulations [or any ol' the pumoses set out in subsection ( l

(3) In fixing (he salafics•, allowanccs and other benefits of Ineliibcrs of (he Prisons and Correctional Service, the Prisons and Correctional Service Commission must act with the approval of the President given on the of the Minister responsi ble for finance and after consultation with thc Minister responsiblc for the Prisons and Correctional Service.

CHAPfER 12

INI)FPFNDFNT COMMISSIONS StTPORTLNG DEMOCRACY

PART I

GENERAL

232 Independent Commissions

The following are the independent Commissions— (a)    the Zimbabwe Electoral Conunission;

  • the Zimbabwe Human Rights Commission;
  • the Zimbabwe Gender Commission;
  • the Zimbabwe Media Commission; and
  • the National Peace and Reconciliation Commission.

233 Objectives of independent Commissions

The independent Commissions have the following general objectives in addition to those given to them individually

  • to support and entrench human rights and democracy:
  • to protect the sovereignty and interests of the people;
  • to promote constitutionalism; to prornote transparency and accountability in public institutions:

(e) to secure the observance of democratic values and principles by the State and all institutions and agencies of government, and govemmentcontrolled entities; and to ensure that injustices are reineclied.

234 Staff of independent Commissions

The inclependent Commissions have power to employ staff and, subiecr to the law, to regulate their conditions of service.

235 Independence of Commissions

( l ) The independent Commissions

  • are independenl and are not subiect to the direction or control of anyone,
  • must act in accordance with this Constitution; and
  • must exercise their functions without fear, favour or prejudice; although they are accountable to Parliament for the elTicicnt perforrnance ol' their functions.
  • The State and all institutions and agencies of govermnent at every level. through legislative and other measures, must assist the independent Commissions and ',nust protect their independence, impartiality, integrity' and efTectiveness.
  • No person Inay interfere with the functioning ol' the independent

Commissions.

236 Members of independent Commissions to be non-political

( l ) Members ol' the independenl Connnissions must not, in the exercise of their tunctions

 

  • act in a partisan Inanner;
  • further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or (d) violate the fundamental lights or freedoms of any person.
  • Persons who are members a political party or organisation on their appointinent to an independent Commission noust relinquish that :nembership without delay and in any event within thirty days of their appointtnent.
  • If a me Inber of an independent Commission —
  • becomes a member of a political party or organisation; or
  • having been a member of a political party or organisation on his or her appointment to the commission. fails to relinquish that membership within thirty days of the appointment; he or she ceases illMnediately to be a Inember of the

237 Appointment and removal from office of members of independent Commissions

( I ) For the purpose of nominating persons for appointment to any independent

Cornnnission, the Conmnittee on Standing Rules and Orders must— advertise the position;

(b) invite the public to make nonminations•, conduct public interviews of prospective candidates;

  • prepare a list of the appropriate nunlber of nominees appointment; and
  • submit the list to the President.

(2) A nmelllber of an independent Conunis.sion [nay be removed office only on the ground that the Inember coricemed

  • or inental incapacity;
  • has been grossly incompetent;
  • has been guilty of gross misconduct; or
  • has become ineligible for appointinent to the

(3) '[lie procedure l*or the removal of judges from) office appl ies to the reinoval {140111 office of a Inembcr of an independent ("onunis.sion.

PART 2

ZIMBABWE ELECTORAL COMMISSION

238 Establishment and composition of Zimbabwe Electoral Commission

( l ) There is a commission to be known as Zimbabwe Electoral Con)mission consisting ot a chaimerson appointed by the President after consultation with the Judicial Service Connnüssion and the Committee on Standinsx Rules and Orders;

eight other noel)Äbers appointed by the President a list of not fe•vver than twekve nominees submitted by the on Standing Rules

and ()rders-

9.3

  • The chairperson of the Zirnbabwe Electoral Commission Inust be a judge or judge or a person qualified for appointrnent as a judge.
  • If the appointment of a chairperson Lo the Zilhbabwe Electoral Commission is not consistent with a recornrnendation of the Judicial Service Commission, the President Inust cause the Committee on Standing Rules and Orders to be informed as soon as practicable.
  • Members of the Zimbabwe Electoral Commission must be Zimbabwean citizens and chosen for their integrity and experience and for their cornpetence in the conduct of atTairs in the public or private sector.
  • Melnbers of the Zirnbabwe Electoral Commission are appointed for a sixyear term and nvay be re-appointed t'or one such further term. but no person may be appointed to or serve on the Commission after he or she has been a member for one or periods, whether continuous or not, that amount to twelve years.

239 Functions of Zimbabwe Electoral Commission

The Zimbabwe Electoral Commission has the following functions— to prepare for. conduct and supervise—

  • elections to the office or President and to Parliarnent;
  • elect ions to provincial and Inetropolitan councils and the governing bodies of local authorities;
  • elections of rnembers of the National Council of Chiefs established by section 285: and (iv) referendums; and to ensure that those elections and referendunls are conducted efficiently, freely, t'airlys transparently and in accordance Vith the law .
  • to supervise elections of the President of the Senate and the Speaker and to ensure that those elections are conducted ef'ficientty and in accordance with the law;
  • to register voters;
  • to compile voters' rolls and registers; to ensure the proper custody and maintenance of voters • rolls and registers; (f) to delimit constituencies, wards and other electoral boundaries; (g) to design, print and distribute ballot papers, approve the form 01 and procure ballot boxes, and establish and operate polling centres; (h) to conduct and supervise voter education:
  • to accredit observers ol' elections and referendums;
  • to give instillctions to persons in the employment of the State or ol' a local auth01ity for the pumosc of ensufing the efficient, frec, fair, proper and transparent conduct of any election or referendum; and
  • to receive and consider complaints the public and to take such action in regard to the complaints as it considers appropriate.

240 Disqualifications for appointment to Zimbabwe Electoral Commission

In addition to the persons mentioned in section the IOilowing persons are ineligible for appointinent to the Zimbabwe Electoral Comnlissiotl (a) public officers, other than judges:

  • employees of provincial and metropolitan councils and local authorities:
  • members and employees of statutory bodies and government*controlled entities.

241 Zimbabwe Electoral Commission to report on elections and referendums

In addition 10 the report it is required to submit in terrns of section 323, the Zimbabwe Electoral ConMi1ission rnust without delay, and through the appropriate Minister, submit a report to Parlian)ent on the conduct of every election and every referendums

PART 3

ZIMBABWE HUMAN RIGHTS COMMISSION

242 Establishment and composition of Zimbabwe Human Rights Commission

( l ) There is a cornmission to be known as the Zill)babwe Rights C01nmission consisting of—

  • a chairperson appointed by the President after consultation with the Judicial Service Cornmission and the Committee on Standing Rules and Orders; and
  • eight other mernbers appointed by the President fT01)1 a list of not fewer than twelve non)inees by the ConMnittee on Standing Rules and Orders.
  • mne chairperson of the Zillibabwe Human Rights Conmnission Inust be a person who has been qualified [Ol' at least seven years to practisc as a legal prmtitioner in /,ifllbablvc.
  • If the appointment of a chairperson to the Zill)babwe Rights Comn)ission is not consistent with a recornmendation of the Judicial Service Conunission, the President must cause the Comrnittee on Standing Rules and ()rders to be informed as soon as practicable.
  • Members of the Zimbabwe Human Rights I'llL1st be chosen for their il'ltegrity and their knowledge and understanding of, and experience in, the pronnotion of hun%lll rights.

243 Functions of Zimbabwe Human Rights Commission

( I ) The  Hunvall Rights Cornmission has the foElowing tunctions

  • to pronu)te awareness of and respect for rights and freedonms at all levels of society:
  • to the protection. development and attainment of human rights and [reedoms;
  • to monitors assess and ensure obsewance of human rights and freedoms: (d) to receive and consider cotnplaints Il-om the pu blic and to take such action ill regard to the conmplaints as it considers appropriate;

(e) to protect [he public against abuse ol' power and maladministration by State and public institutions and bv officers ol' (hose institutions: to investigate the conduct of any authority or person. where it is al leged that any or the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person:

to secure appropriate redress. including reconmnendins.' the prosecution 01 olTenders. where hunran rights or have been violated:

 

  • to direct the Commissioner-General of Police to investigate cases of suspected crilninal violations of human rights or freedoms and to report to the Commission on the results of any such investigation;
  • to recommend to Parliament effective measures to promote human rights and freedoms; to conduct research into issues relating to human rights and freedoms and social justice; and

(k) to visit and inspect—

  • prisons, places ol' detention, refugee camps and related facilities; and
  • places where mentally disordered or intellectually handicapped persons are detained; in order to ascertain the conditions under which persons are kept there. and to rnake recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.

(2) The Commissioner-General of Police rnust comply with any directive given to him or her by the Zimbabwe Human Rights Commission under subsection

244 Reports to and by Zimbabwe Human Rights Commission

( l ) The Zilnbabwe Human Rights Comtnission Inay require any person, institution or agency, whether belonging to or employed by the State or otherwise— to inform the C01nmission of measures they have taken to give effect 10 the human rights and freedoms set out in [he Declaration of Rights: and (b) to provide the Commission with information it needs to prepare any report required to be submitted to any regional or international body under any human rights convention, treaty or agreement to which Zilnbabwe is a party.

(2) In addition to the report it is required to submit in terms of section 323, the Zimbabwe Hurnan Rights Commission Inay, through the appropriate Minister. subnlit reports to Parlialnent on particular Inatters relating to human rights and freedoms which, in the Comrnission •s opinion, should be brought to the attention of Parliament.

PART 4

ZIMBABWE GENDER COMMISSION

245 Establishment and composition of Zimbabwe Gender Commission

( I ) There is a connmission to be known as the Zinnbabwe Ciender Conunission consisting of

  • a chairperson appointed by the President after consultation with the Conmittee on Standing Rules and Orders; and
  • eight other menffjers, of whom
    • seven are appointed by the President from a list of not fewer than twelve nonlinees submitted by [he Committee on Standing Rules and Orders; and
    • one is a non)inee of the National Council of Chiefs, appointed by the President.

T

(2) Members of the Zimbabwe Gender Commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, econolllic and political s'pheres. and the genders Inust be equally represented on the Commission.

246 Functions of Zimbabwe Gender Commission

The Zimbabwe Gender Commission has the following functions

  • to monitor issues concerning gender equality to ensure gender equality as provided in this Constitution;
  • to investigate possible violations of rights relating to gender;
  • to receive and consider complaints from the public and to take such action in regard to the coinplaints as it considers appropriate;
  • to conduct research into issues relating to gender and social _iLlstiee, and to recommend changes to laws and practices which lead to discriniination based on gender;
  • to advise public and Plivate institutions oti steps to be taken to ensure gender equality;
  • to recommend affirmative action progranunes to achieve gender equality;
  • to reconnrnend prosecution Cor crin)inal violations oc rights relating to gender;
  • to secure appropriate redress where rights relating to gender have been violated: and
  • to do everything necessary to pron10te gender equality.

247 Reports by Zimbabwe Gender Commission

In addition to the report it is required to submit in terrns of section 323, the Zimbabwe Gender Conunission Inay, through the appropriate Minister, submit reports to Parlialnent on particular *natters relating to gender issues which, in the 's opinion, should be brought to the attention of' Parliament.

PART 5

ZIMBABWE MEDIA COMMISSION

248 Establishment and composition of Zimbabwe Media Commission

( l ) There is a colnmission to be known as the Zimbabwe Media Cononliss•ion consistinu ol'

  • a chairperson appointed by the President after consultation with [he Connmittee on Standing Rules and Orders; and
  • eight other menibers appointed bv the President fron) a list of not fewer than twelve nominees submitted bv the Committee on Standing Rules and Orders.

(2) Menlbers of the Zimbabwe Media Conomission Inust be chosen for their integrity and their competence in administration and their knowledge and understanding of human rights issues and the best practices in Inedia matters.

249 Functions of Zimbabwe Media Commission

( I ) The Zinnbabwe Media Commission has the Ik)llowing (linctions

( ZIMBABWE                                 (No 2())

  • to uphold. and develop freedom of the media;
  • to promote and enforce good practices and ethics in the media;

('c)           to monitor broadcasting in the public interest and. in particular, to ensure fairness and diversity of views broadly representing Zitnbabwean society, to encourage the formulation of codes of conduct for persons employed in the media and, where no such code exists, to forynulate and enforce one;

(e) to receive and consider complaints from the public and, where appropriate, to take action against ioumalists and other persons employed in the Inedia or broadcasting who are found to have breached any law or any code 01 conduct applicable to them; to ensure that the people ofZimbabwe have fair and wide access to intonnation; (g) to encourage the use and development of all the officially recognised languages of Zillibabwe;

  • to encourage the adoption of new technology in the media and in the dissernination of infonnation•,
  • to promote fair competition and diversity in the and to conduct research into issues relating to freedom of the press and of expression, and in that regard to pronu)te refonns in the law.

(2) An Act of Parliament Inay confer power on the Zinlbabwe Media Conunission to—

  • conduct investigations and inquiries into—

(i) any conduct or circumstance that appears to threaten the freedom of the media; and (ii) the conduct of the media; and

  • take or recomlnel'ld disciplinary action against media practitioners who are found to have breached any law or any code of conduct. applicable to thenl.

(3) An Act of Parliament may provide for the regulation of the Inedia.

250 Reports of Zimbabwe Media Commission

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Media Conynission Inay, through the appropriate Minister, sublilit reports to Parliament on particular matters relating to the media which, in the Commission's opinion. should be brought to the attention of Parlialnent.

PART 6

NATIONAL PFACE AND RECONCILIATION COMMISSION

251 Establishment and composition of National Peace and Reconciliation Commission

( l ) For a period ol' ten years after the effective date. there is a commission to be known as the National Peace and Reconciliation Commission consisting ofa chairperson appointed by the President after consultation with the Judicial Service Comn)ission and the Comn)ittee 011 Standing Rules and ()rders; and

(b) eight other Inembers appointed by the President Ironl a list 01       (ewer

 

than twelve nonlinees submitted by the Committee on Standing Rules and Orders.

  • The chairperson of the National Peace and Reconciliation must be a person who has been qualified for at least seven years to practisc as a legal practitioner in Zimbabwe.
  • If the appoilltn)ent of a chaimerson 10 the National Peace and Reconciliation Conunission is not consistent with a recommendation of the Judicial Service Comlllission, the President must cause the Conunittee on Standing Rules and Orders to be informed as soon as practicable.
  • Members of the National Peace and Reconciliation Com;nission must be chosen their integrity and their knowledge and understanding of. and experience in mediation, conciliations conflict prevention and management, post-collflict reconciliation or peace building.

252 Functions of National Peace and Reconciliation Commission

The National Peace and Reconciliation Cornnlission has the following functions— (a) to ensure post-conflict justice, healing and reconciliation

  • to develop and implement prograrnrnes to promote national healing, unity and cohesion in Zimbabwe and the peaceful resolution of disputes;
  • to bring about national reconciliation by encouraging people to tell the titilh about the past and facilitating the Inaking ol' tunends and the provision ofjustice: develop procedures and institutions at a national level to facilitate dialogue among political parties, cornrnunities. organisations and other groups, in order to prevent conflicts and disputes arising in the future s.

(e) to develop progranunes to ensure Ihat persons subjected to persecution. torture and other forms of' abuse receive rehabilitative treatment and support; to receive and consider connplaints f'1'01n the public and to take such action in regard to the coniplaints as it considers appropriate;

(g) to elop lucchanisllls for early detection of areas of potential conflicts and disputes, and to take appropriate preventive Ineasures; to do anything inciden tal to the prevention of conflict and the prolnotion ol' peace;

(i) to conciliate and mediate disputes among con)nwnities. organisations, groups and individuals; and  to recommend legislation 10 ensure that assistance . including clocunwntation, is rendered to persons affected by conllicts, pandenlics 01' other circulnstances.

253 Reports of National Peace and Reconciliation Commission

Ill addition to the report il is required to sublilit in terms ol' section 323. the National Peace and Reconciliation Con)mission may, through the appropriate Minister. submit reports to Partiament on particular nnalters relating to national peace and reconciiiat ion which. in the Connmission•s opinion. should be brought to the attention of Parlimnent.

CHAPTER 13

INSTITUTIONS TO COMBAT CORRUPTION AND CRIMF.

PART I

ZIMBABWE ANTI-CORRUPTION COMMISSION

254 Establishment and composition of Zimbabwe Anti-Corruption Commission

( l ) There is a commission to be known as the Zimbabwe Anti-Corruplion Commission consisting of

  • a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and
  • eight other menibers appointed by the President a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

(2) Members of the Zimbabwe Anti-Corruption Commission must be chosen for their integrity and their knowledge of and experience in administration or the prosecution or investigation of crilne or for their general suitability for appointinent, and — at least one Inust be qualified to practise as a legal practitioner in

Zimbabwe, and have been so qualified for at least seven years;

  • at least one tnust be qualified to practise as a public accountant or public auditor in Zilnbabne, and have been so qualified for at least seven years; and
  • at least one must be a person with at least ten years' experience in the investigation of crime.

255 Functions of Zimbabwe Anti-Corruption Commission

( I ) The Zimbabwe Anti-Corrupti()n Comnlission has the following [unctions

  • to investigate and expose cases of corruption in [he public and private sectors;
  • to combat corruption. theft, misappropriation. abuse of power and other illiproper conduct in the public and private sectors; to promote honesty, financial discipline and transpalulcy in the public and private sectors;

to receive and consider complaints [rom the public and to take such action in regard to the complaints as it considers appropriate:

(e) to direct the  of Police 10 investigate cases of suspected corruption and to report to the Conlillission on the results of any such investigation; to refer matters to the National Prosecuting Authority [or prosecution:

  • to require assistance from Inembers of the Police Service and other investigative agencies of the State; and
  • to make recommendations to the Govermnent and other persons on measures to enhance integrity and accountability and prevent ilnproper conduct in the public alid private sectors.
  • The C0!nmissioner-General of Police must comply with any directive given to hil)) or her bv the Zimbabwe Anti-Corruption Comfnission under subsect ion ( i
  • The Governinent Inust ensure, through legislative and other means, that the Zimbabwe Anti eCorruption Comnlission has power to recommend the arrest and secure the prosecution of persons reasonably suspected ol' corruption. abuse of power and other improper conduct which falls within the Commission 's jurisdiction.

256 Application of certain provisions of Chapter 12 to Zimbabwe Anti*

Corruption Commission

Sections 234, 235, 236 and 237 apply to the Zimbabwe Anti-Corruption Commission and its members as if it were an independent Cornmission established by Chapter J 2.

257 Reports by Zimbabwe Anti-Corruption Commission

In addition to the repolt it is required to submit in ternms of section 323, the Zimbabwe Ami-Corruption Conunission nuty, through the appropriate Minister. subn)il repolts to Parliarnent on particular Inatters relating to improper conduct in the public and private sectors which, in the Comrnission 's opinion. should be brought to the attention of Parlianlent.

PART 2

NATIONAL PROSECUTING AUTHORITY

258 Establishment and functions of National Prosecuting Authority

There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidenlal to such prosecutions.

259 Prosecutor-General and other officers

( I ) There is a Prosecutor-General who is the head of the National Prosecuting Authority.

  • 'EIIC office of the Prosecutor-General is a public office but docs not forni part of the Civil Service.
  • The Prosecutor-General is appointed by the President on the advice of the Judicial Service following the procedure for the appointrnent of a judge
  • 'I*he Prosecutor-General rnust be a person qualified for appoinunent as a iudge of the Suprenle Court.
  • 'l he tenn ol' office ol' the Prosecutor-General is a period of six years and is renewable for one further such term-
  • Bcl'orc taking ot-tice, the Prosecutor-General 111 u.st take, before the President or a person authori scd by thc President, the oath of oflice in the forni set out in the Third Schedule.
  • The provisions relating to the removal of a jud2C from office apply to (he renioval or the Prosecutor-General [rom office.
  • The conditions of service ol' the Prosecutor-General. including his or her remuneration. musl he provided l?or in an Act 01? Parliarnent, bul the remuneration must not be reduced (lurillt'. the Prosecutor-General 's tenure or office.
  • The or the Prosecutor-General is a charge on [he Consolidated

Revenue Fund.

 

( 10) An Act of Parliament must provide for the appointment of a board to ernploy persons to assist the Prosecu tor-Generat in the exercise of his or her functions. and must also provide—

  • for the qualifications of those persons;
  • for the conditions of service, conduct and discipline of those persons;
  • that in exercising their functions. those persons must be independent and impartial and subject only to the law and to the direction and control 01 the Prosecutor-Cieneral; for the stntcture and organisation of the National Prosecuting Authority and

(c) o encrally, for the efficient per-Comancc and well-being of the National Prosecuting Authority.

( l l ) The Prosecutor-General may direct the Commissioner-General Police to investigate and report to him or her on anything which, in the Prosecutor-General opinion. relates to an offence or alleged or suspected offence, and the General of Police niust comply with Ihat direction.

260 Independence of Prosecutor-General

( I ) Subject to this Constitution, the Prosecutor-General

  • is independent and is not subject to the direction or control of anyone; and
  • Intl,st exercise his or her functions impartially and without fear, favour. prejudice or bias.

(2 ) The Prosecutor-General must formulate and publicly disclose the general principles by which he or she decides whether and how to institute and conduct crinAinal proceedings.

261 Conduct of officers of National Prosecuting Authority

( I ) 'l'he Prosecutor -General and officers of the National Prosecuting A u thority Inust act in accordance with this Constitution and the law.

(2 ) No officer of' the National Prosecuting A ty nuay, in the exercise of his or her functions

  • act in a partisan manner;
  • further the interests of ally pofitical party or cause:
  • prejudice the lawlUl interests of any political party or cause: or (d) violate the lündamentat rights or freedonls of any person.
  • ( )fficers of the National Prosecuting Authority Illust not be acti ve Inernbers or officeQ)earers of any political party or organisation.
  • An Act of Parliament may make further provision to ensure the political ncutrali tv of officers of the National Prosecuting Authority1

262 Prosecutor-General to report annually to Parliament

The Prosecutor-General must submit to Parliament. through the appropriate Minister, an annual report on the operations and activities of the National Prosecuting the report being submitted not later than six months after the beginning of the year t01[owing the year to which the repotl relates.

263 Other powers of prosecution

An Act of Parliament noay confer powers of prosecution on persons other than the National Prosecuting Authority, but those powers must not limit or conflict with the Authority's powers under this Part.

CHAPTER 14

PROVINCIAL AND LOCAL GOVERNMENT

PREAMBLE

Whereas il is desirable 10 ensure:

(he preservation Q/ national unity in Zillibahwe and the prevention Q/ all

]bnns Q/' disunity and secessionisvn;

(h) the demnocratic participation in government by al/ citizens and convnunities

(2/ Zimnbabvpe: and

(c) the equitable allocation national resources and the panicipation o]' local commnunilies in the detennination of developmnent priorities ll'it/?in their areas; there ntust be devolution Q/ povver and responsibilities to 10M'er tiers Q/ governnzenl in

Zinlbalnve.

PART I

PREI LM[NARY

264 Devolution of governmental powers and responsibilities

( l ) Whenever appropriate, governmental powers and responsibilities nitl,sl be devolved to provincial and metropolitan councils and local authorities which are cornpetent to carr) out those responsibilities efficien tly and effectively.

(2) The obiectives of the devolution of governmental powers and responsibilities Lo provincial and metropolitan councils and local authorities are—

  • to give powers of local governance to the people and enhance their participation in the exercise of the powers of the State and in nunking decisions affecting thenv,
  • to promote democratic, effective, transparent, accountable and coherent govenunent in Zimbabwe as a whole;

10 preserve and i'oster the peace, national unity and indivisibility of Zimbabwe;

to recognise the right ol' coniinunities to manage their own aflllirs ancf to further their development;

(e)  to ensure the equitable sharing of local and national resources: and

to transfer responsibilities and resolilees from the national government in order to establish a sound financial basc for each provincia and metropolitan council and [ocal authority.

265 General principles of provincial and local government

( l ) Provincial and rnetropolitan councils and local authorities within their spheres

  • ensure good governance by being elTective, Iransparent, accountable and coherent:
  • assulne only those functions conferred on them by this Constitution or an Act of Parliament;
  • exercise their functions in a manner that does not encroach on the geographical, functional or institutional integrity of another tier of govenmment;
  • co-operate with one another, in particular by
    • informing one another of, and consulting one another on, nratters ot common interest;
    • harmonising and co-ordinating their activities; presewe the peace. national unity and indivisibility of Zimbabwe;
  • secure the public welfare; and
  • ensure the fair and equitable representation of people within their areas of iurisdiction.

(2) Ail Inenffers of local authorities must be elected by registered voters within the areas for which the local authorities are established.

(3 ) An Act of Parliannent must provide appropriate mechanis•lns and procedures to facilitate co-ordination between central govemlnent, provincial and metropolitan councils and local authorities.

266 Conduct of employees of provincial and local governments

( l ) Elnployees of provincial and metropolitan councils and local authorities Inust act in accordance with this Constitution and the law.

(2) No enlployee of a provincial or Inetropolitan council or a local authority

Inay. in the exercise of their functions— (a) act in a partisan Inanner;

  • funher the interests of any political party or cause;
  • preiudice the lawful interests of any political party or cause; or (d) violate the fundamental rights or freedoms of any person.

(3) Ernployees of provincial and metropolitan councils and local authorities

  1. n) u,st not be office-bearers of any political party.

(4) An Act of Parliarnent must Inake provision to ensure the political neutrality of employees of provincial and metropolitan councils and local auth01ities.

PART 2

PROVINCES AND PROVINCIAL AND METROPOLITAN COUNCIIS

267 Provinces and districts of Zimbabwe

( I ) The provinces into which Zimbabwe is divided are Bulawayo Metropolitan Province; (b) Harare Metropol itan Province:

Manica(and Province; (d) Mashonaland Central Province; (e) Mashonaland East Province:

(D      Mashonand West Province;

  • Masvingo Province;

 

  • Matabeleland North Province; (i) Matabeleland South Province; and
  • Midlands Province; whose boundalies are fixed under an Act of Parliament.

(2) An Act of Parliament —

  • provide for the division of provinces into districts; and
  • nvay provide for the alteration of provincial and district boundaries; after consultation with the Zimbabwe Electoral Commission and the people in the provinces and districts concerned.

268 Provincial councils

( I ) There is a provincial council for each province, except the nnetropolitan provinces, consisting of a chairperson of the council, elected in of section 272;

(b) the senators elected from the province concerned;  the two Senator Chiefs elected from the provillce concemed in ternms of section 12()( l)(b):

  • the president and deputy president of the National Council of Chiefs, where their areas fall within the province concerned;
  • all the Members of the National Assembly whose constituencies fall within the provitlce concerned;

(D     the wonlen Menlbers of the National Assembly who are elected in tern)s; of section 124( I )(b) from the province conceiued•,

  • the mayors and chairpersons, by whatever title they are called , of all urban and rural local authorities in the province concemed; and
  • ten persons elected by a systelll of proportional representation referred to in subsection (3).
  • person is qualified to be elected to a provincial council in tertns of subsection (l )(h) if he or she is qualified for election as a Niember of the National
  • Elections to provincial councils lnus•t be conducted in accordance with the Electoral L,aw, which must ensure that the persons refened to ill subsection ( I )(h) are elected under a party-tis't system of proportional representation —
  • which is based on the votes cast for candidates representing political parties in the province concerned in the general eleciion for Mennbers 01 the National Assembly; and
  • in which Inale and female candidates are listed altemately. every list being headed by a lénvale candidate.

(4) The seat 01? a nnember ot• a provincial council referred to in

  • paragraph (b). (c), (e) or (f) of subsection ( l ) becolnes vacant if the member vacates his or her seat in Parliament:
  • paragraph (g) subsection ( l ) becomes vacant if the Inenlber ceases to be a Inayor or chairperson of a local authority in the province concerned;
  • paragraph (h) of subsection ( l ) becomes vacant in the circl.lmstances set in section 129, as if the Inember wel? a Member of Parlimnent.

269 Metropolitan councils

(I ) For each ol' the metropolitan provinces there is a metropolitan council consisting of  in the case ol' Bulawayo, the mayor of the City of Bulawayo, who is the chaimerson of the Bulawayo Metropolitan Council;

  • in the case of Harare—
    • the mayor of the City of Harare. who is [he chairperson of the Harare Metropolitan Council; and
    • the mayor or chairperson of the second-largest urban local authority within the province, who is the deputy chairperson of the Harare Metropolitan Council;
  • all the Members of the National Assembly whose constituencies fall within the Inetropolitan province concerned:
  • the women Members of the National Assembly who are elected in terms of section 124( I )(b) from the metropolitan province concerned;
  • the Senators elected fror•n the noetropolitan province concerned; and

(D the mayors and deputy mayors and the chairpersons and deputy chairpersons, by whatever title they are called, of all local authorities in the metropolitan province concerned.

(2) The seat of a Inember of a council referred to in—

  • paragraph (a) or (b) of subsection ( l ) becomes vacant if the InelY)ber ceases to be rnayor, deputy Inayor or chairperson, as the case Inay be;
  • paragraph (c), (d) or (e) of subsection (I) becomes vacant if the member vacates his or her seat in Parliament;
  • paragraph (f) of subsection ( l) becomes vacant if the member ceases to be a nutyor. deputy mayor, chairperson or deputy chairperson. as the case may be, of a local authority in the nrtropolitan province concelmed.

270 Functions of provincial and metropolitan councils

( l) A provincial or nnetropolitan council is responsible for the social and economic developnent of its province, including planning and ilnplementing social and econonlic developnrllt activities in its province;

(b) co-ordinating and ilnplernenting governmental progralülnes in its province:

pl anning and irnplementing measures for the conservation. improvenlent and Inanaeenment of natural resources in its province;

  • pron10ting totilism in its province, and developing facililies for that purpose;
  • monitoring and evaluating the use of resources in its province: and exercising any other functions, including legislative functions, that rnay be confen•ed or imposed on il by or under an Act or Parliament.
  • An Act of Parliament must provide for the establishment. structure and staff of provincial and noetropolitan councils. and the manner in which they exercise their runctions.
  • Members of a provincial or metropolitan council are accountable, collectively and individually, to residents of their province and the national government lor the exe:cise ot- their functions.

271 Committees of provincial councils

For the better exercise of their functions, provincial and metropolitan councils may establish connmittees but each such committee must be presided over by a l)lenjber referred to in section 268( I )(h) or 269( I )(h). as the case Il)ay be.

272 Chairpersons of provincial councils

( l ) At its first sitting af'tcr every general election, a provincial council Illust elect a chairperson from a list of at least t"'0 qualified persons sublilittcd by

  • the political party which gained the highest number of National Assembly seats in the province concerned; or
  • if there is no politicai party such as is referred to in paragraph (a), the political party which received the highest nunffer of votes cast in the province in that general election for Members of the National Assembly.
  • A person is qualified for election as the chairperson of a provincial council if he or she is qualified for eicction as a N lember of the Senate.
  • Ollie office of chairperson of a provincial council is a public office but docs not forni part of the Civil Service.
  • Before coniinencing his or her duties, the chailperson of a provincial council Illust take before the clerk of the provincial council the oaths of loyalty and office in the fonns set out in the Third Schedule.
  • The chairperson of a provincial council may resign by announcing his 01' her resignation in person to the provincial council.
  • 'Elle chairperson of a provincial council must vacate his or her office
  • on the day on which the pmvincial council filSt rneets after a general election;
  • if he or she bccolnes disqualified to be a :nernber of the provincial council,
  • if a resol ution for his or her rernoval frojn office is passed by at least two-thirds of the total Inennbership of the provincial council: or
  • if he or she is retnoved office by a tifbunal ref'crrcd to in subsection

(7) An Act of Parlialnent Illust provide for the establishnnent of an independent tribunal to exercise the function of renioving chairpersons of provincial councils fronl offi cc, but any such rernoval only bc on the ground.s of inability to perlörtn the functions of their office due to tal or physi cal incapacity;

  • gross inconnpetence;
  • gross nmisconduct;
  • conviction ol' an o[lénce involving dishonesty'. conuption or abuse 01 office; or
  • willill violation the law, including a local authority by-law.

(8) A chaimcrson of a provincial council does not vacate his or her office except in accordance Wilh this section.

273 General provisions relating to provincial and metropolitan councis

( l ) An Act of Parliannellt Illust make provision, consistent with this Chapter, for the establishment and [unctions ol' provincial and nrtropolitan councils and. in particular, I

 

  • the procedures of provincial and metropolitan councils;
  • the [Unctions of chailpersons of provincial and metropolitan councils; the conditions of service of members of provincial and metropolitan councils; and

(d) the appointment, conditions of service and removal of eniployees of provincial and metropolitan councils.

(2) The Electoral Law must make provision, consistent with this Chapter, [or thc filling or vacancies in the seats of the members ol' provincial councils refer-ed to in section 268( and in the offices of chairpersons of provincial councils, vacancies rnust be filled—

  • by persons belonging to the same potiticat parties as those who previously held the seats or offices; and
  • except in the case of chairpersons, by a person of the stilne gender as the persons who previously held the seats.

PART 3

LOCAL GOVERNMENT

274 Urban local authorities

( l ) There are urban local authorities to represent and manage the affairs of people in urban areas throughout Zimbabwe.

  • Urban local authorities are managed by councils colnposed of councillors elected by registered voters in the urban areas concerned and presided over by electecl Inayors or chairpersons, by whatever narne called.
  • Different classes of local authorities Inay be established for different urban areas, and two or more different urban areas may be placed under the nutnagelnent of a single local authority.
  • The qualifications and procedure for the election of per.sons referred to in subsection (2) must be set out in the Electoral Law.
  • An Act of Parliament rnay confer executive powers on the Inayor or chairperson of an urban local authority, but any mayor or chairperson on whorn such powers are conferred must be elected directly by registered voters in the area for which the local authority has been established.

275 Local authorities for rural areas

to represent and manage the affairs of people in mral areas.

(2) An Act of Parliament must provide lor

  • the establishinent or rural local authorities;
  • the election. by registered voters in the tural areas concerned, ol' councils to manage [he affairs of the [ocal authorities referred 10 in paragraph (a):
  • the election of chaimersons, by whatever titte [hey may be called, to preside over the councils referred to in paragraph (b); and
  • the quali fications of members of the councils relCn-ed to in paragraph (b).

(3) Different classes of local authorities nvay be established for different rural areas, and two or more dilTerent areas may be placed under the management of a single local authority.

276 Functions of local authorities

( l ) Subject to this Constitution and any Act of Parlialnent. a local authority has the right to govem, on its own initiative, the local affairs of the people within the area for which it has been established, and has all the powers necessary for it to do so.

(2) An Act of Parlial)lent may confer functions on local authorities. including

  • a power to nvake by-laws, regulations or rules for the effective adlilinistration of the areas for which they have been established;
  • a power to levy rates and taxes and generally to raise sufficient enuc for thenl to can-y out their objects and responsibilities.

277 Elections to local authorities

( l ) Elections of councillors of local authorities must be held—

  • in the case of a general election of mayors and councillors, concurrently with a generat election of Menlbers of Parlianlent and the President;
  • in the case of an election, other than a general election, to fill onc or casual vacancies, as soon as practicable after the vacancies have occun•ed
  • Elections ol' nnayors and chairpersons of local authorities, other than mayors or chairpersons on executive powers have been confen•ed under section 274(5). Il)ust be held at the first sitting of the councils concerned following a general election.
  • Except as otherwise provided in subsection (2) or an Act of Parlimnent, announcelnent of the results of the general election in which the councillors were elected.

278 Tenure of seats of members of local authorities

( t ) The seat of a Inayor, chairpersol*l or councillor of a local authority becolnes vacant in the circumstances set out in section 129, as if he or she were a Member of Parliannent, any reference to the Speaker or President of the Senate ill section 129( I ) (k) being construed as a reference to the Minister responsible for local governnoent.

(2) An Act of Parliament must provide for the establishinent of an independent tlibunal to exercise the function of renwving from office tnayors, chairpersons and councillors, but any such removal Illust only be on the grounds 01

  • inability to perfonn the functions of their office due to mental or physical incapacity,
  • gross inconlpetence; (c) eross nnisconduct:

conviction of an of[énce involving dishonesty. corruption or abuse of oflice•, or

(e) will'ul violation ol' the law. including a local authority by-law(3) A mayor, chaimerson or council lor of a local authority does not vacate his or her seat except in accordance with this section-

279 Procedure of local authorities

An Act of Parli'cllnent Illust provide for the procedur [o be followed by councils of local authorities.

CHAPTER 15

TRADITIONAI LEADERS

280 Traditional leadership

( I ) The institution, status and role of traditional leaders under customary law are recognised.

(2) A traditional leader is responsible for performing the cultural, custonvary and traditional functions of a Chief, head person or village head, as the case may be, for his or her coinmunity.

281 Principles to be observed by traditional leaders

( l) Traditional leaders Illust act in accordance with this Constitution and the laws of Zimbabwe;

(b) observe the customs pertaining to traditional leadership and exercise their functions for the pulposes for which the institution of traditional leadership is recognised by this Constitution; and

(c.)  treat all persons within their areas equally and fairly.

(2) Traditional leaders must not

  • be members of any political party or in any way participate in partisan politics;
  • act in a partisan manner;
  • further the interests of any political party or cause; or
  • violate the fundamental rights and of any person.

282 Functions of traditional leaders

( l ) Traditional leaders have the following functions within their areas of iurisdiction

  • to promote and uphold the cultural values of their eomn)unities and, iti particular, to pronu)te sound family values;
  • to take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines;
  • to facilitate developnlent;
  • in accordance with an Act of Parlialnent, to administer ConMnunal Land and to protect the environment:
  • to resolve disputes amongst people in their communities in accordance with customary law; and
  • to exercise any other functions conferred or imposed on them by an Act of Parliament.
  • Except as provided in an Act of Parliament. traditional leaders have authority, jurisdiction and control over the Cotnmutval Land or other areas for which they have been appoin[ed. and over persons within those Communal Lands or areas.
  • In the performance of their functions, traditional leaders are not subject [o the direction or control ol' any person or authority, except as may be prescribed in an Act of Parlialnent.
  • An Act of Parliament must provide [or the regulation ol' the conduct traditional leaders.

 

N

283 Appointment and removal of traditional leaders

An Act of Parli',unent must provide tor the following, in accordance with the prevailing culture, customs, traditions and practices of the conumnities concellled

  • the appointment, suspension, succession and removal of traditional leaders;
  • the creation and resuscitation of chieftainships; and
  • the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but

(i) the appointment, removal and suspension Chiefs must be done by the President on the recomjnendation of the provincial assen)bly ol' Chiefs through the National Council ol' Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the cojnmunities concerned; (ii) disputes concerning the appointment, suspension and of traditional leaders Inust be resolved by the President on the recommendation of the provincial assen)bly of Chiefs through the Minister responsible for traditional Leaders;

dealt with fairly and without regard to political considerations;

(iv) the Act Inust provide measures to safeguard the integrity ol' traditional institutions and their independence from political interference.

284 Remuneration and benefits of traditional leaders

(l) All *Act of Parliament must provide for thc reruuneration and benefits of traditional leaders to be fixed with the appr•oval of the President given on the reeonunendation of the -Minister responsible for finance and after consultation ivitll the N linistcr responsible for traditional leaders.

  • The of a traditional leader nntst be charged upon and paid out of' the Consolidated Revenue Fund.
  • The remuneration of a traditional leader must not be reduced while he Ol' she holds or acts in the office concerned.

285 National Council and provincial assemblies of Chiefs

( l ) There is a National Council of Chiefs constituted in accordance with an Act of Parlianrnt, to represent all Chiefs in Zinlbabwe.

(2 ) An Act of Parliament Illust establish [Or each province, other than the nmetropolitan provinces, a provincial assembly of (hiefs consisting of the Chiefs in that province.

  • so far as practicable the Chiefs in each province Inust be equitably represented in the National Council of Chiefs.
  • Elections of the President, Deputy President and members of the National Council of Chielk musl be conducted by the Zirnbabwe Electorat Conunission.
  • Each provincial assembly of Chiefk must elect, in accordance with the

Electoral Law, Chiefs to represent the province in the Senate in terrns of section

  • The President and Deputy President ol' the National Council of Chiefs are elcclcd a of live years and arc eligiblc for rc mclcction one further sucll but a person who has served two ternns as Deputy President is eligible ror election as

President.

i l l

(7) An Act of Parliament must provide for—

  • the election of Chiefs to the National Council of Chiefs, and the qualification.s and disqualifications of candidates for election;
  • the oath of office to be taken by rnembers of the Nationai Council of

Chiefs and provincial assernblies of Chiefs;

  • the tenure of office of members of the National Council of Chiefs;
  • the rernuneration, pension and other benefits of the President, Deputy

President and Inembers of the National Council of Chiefs;

  • the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
  • the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs.

286 Functions of National Council and provincial assemblies of Chiefs

( l ) The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions

  • to protect, promote and develop Zilnbabwe's culture and traditions;
  • to represent the views of traditional leaders and to 'Daintain the integrity and status of traditional institutions;
  • to protect, pron)0te and advance the interests of traditional leaders:
  • to consider representations and complaints made Lo it by traditional leaders; (e) to define and enforce con-ect and ethical conduct on the part of' tradi tional leaders and to develop their capacity for leadership;

(f) to faci titate the settlement of disputes between and concerning traditional leaders; to periOrrn any other functions that lilay be confened or ilnposed on it by an Act of Parliament.

(2) An Act of Parliament Inust ensure that

  • the National Council of Chiefs and all provincial assemblies of Chiefs arc able to catTY out their functions independently and efficiently', and
  • persons en)ployed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and illipartially.

287 Integrity and Ethics Committee

An Act of Parliament must provide for the establishment. membership and procedures of an Integrity and Ethics Connmittee of Chiefs, to exercise the functions

  • (Q develop and enforce integrity and ethical conduct on the part ol' traditional leaders:
  • to resolve disputes between traditional leaders:

to deal with  against Iraditional leaders.

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CHAPTER 16

AGRICULTURAL LAND

288 Interpretation of Chapter 16

In this Chapter agricultural land" has the meaning given to it by section 72.

289 Principles guiding policy on agricultural land

In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism., and to bring about land reform and the equitable access by all Zinnbabweans to the country's natural resources. policies regarding aglicultural land must be guided by the following principles

  • land is a finite natural resource that fornms part ol' Zinmbabwean.s' conmnmon heritage:
  • subject to section 72. every Zillibabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour;
  • the allocation and distribution of agricultural land Illust be fair and equitable, having regard to gender balance and diverse community interests:

the land tenure systenl Illust promote increased productivity and investinent by Zimbabweans in agricultural land:

(e) the use of agricultural land should promote food security, good health and nutrition and generate enlployment, while protecting and conserving the environment for future generations; no person nitty be deprived arbitrarily of their right to use and occupy gricultural land.

290 Continuation of rights of State in agricultural land

('l) All agricultural land which

  • was itemised in Schedule 7 to the ['01mer Constitution; or
  • before the effective date, was identified in ternns or section 16B(2)(a)(ii) or (iii) of the ('ormer Constitution; continues to be vested in the State.

(2) Any inconsistency between anything contained in— a notice itemised in Schedule 7 to the former Constitution; or

(b) a notice relating to agricultural land and published in terms of section or (iii) ol' the (Ormer Constitution:

and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such a notice, does not affect the operation of subsection (l ) or invalidate the Slate•s title to the agricultural land concerned in terms of that subsection.

291 Continuation of rights of occupiers of agricultural land

Subject to this Constitution, any person who. imnnecliate[y before the effective date, was usinf.t or occupying, or was entitled to use or occupy, any agricultural land by virtue of a lease or other agreement with the State continues to be entitled to use or occupy that land on or after the effective date. in accordance with that lease or other agree;nelll.

 

292 Security of tenure for occupiers of agricultural land

The State must take appropriate measures, includ ing legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land.

293 Alienation of agricultural land by State

( I ) The State may alienate for value any agricultural land vested in it, whether through the transfer of ownership to any other person or through the grant of a [ease or other right of occupation or use, but any such alienation must be in accordance with the principles specified in section 289.

  • The State may not alienate more than one piece of agricultural land to the same person and his or her dependants.
  • An Act of Parliament Illust prescribe procedures for the alienation and allocation of agricultural land by the State. and any such law must be consistent with the principles specified in section 289.

294 Alienation of agricultural land by owners or occupiers

Subject to any limitation irnposed by law, an owner or occupier of agricultural land has the 'right to transfer, hypothecate, lease or dispose of his or her right in agricultural land.

295 Compensation for acquisition of previously-acquired agricultural tand

( l) Any indigenous Zillibabwean whose agricultural land was acquired by the State before the efTective date is entitled to compensation fronl the State for the land and any improvanents that were on the land when it was acquired.

  • Any person whose agricultural _land was acquired by the State before the effective date and whose propefiy rights at that tin)e were guaranteed or protected by an agreement concluded by the Governtnent of Zinlbabwe with the governrnent of another country, is entitled to cornpensation from the State for the land and any irnprovenlents in accordance with that agreernent.
  • Any person, other than a person ref'en•ed to in subsection ( l ) or (2), whose gricultural land was acquired by the State before the effective date is entitled to compensation from the State only for improvelnents that 'were on the land when il was acquired
  • Compensation payable under subsections (l (2) and (3) Illust be assessed and paid in terrns of an Act of Parliament.

296 Establishment and composition of Zimbabwe Land Commission

( l ) There is a commission to be known as Zimbabwe Land Commission consisting of a chaimerson and deputy chaupers•on•, and

(b) a Ininimum of two and a Inaximum of seven other members; appointed by the President,

(2) Members of the Zimbabwe Land Comnission must

  • be chosen for their integrity and competence in, and knowted2e and understanding of, the best practices in land management and administration; and
  • reflect the diversity of Zimbabwe's population, in particular its regional interests and gender balance.

(3) Section 237 applies in relation to the retnoval from office of' tnenlbcrs of the Zimbabwe L:and Comn)ission as if it were an independent Commission established by Chapter 1 2.

297 Functions of Zimbabwe Land Commission

( I ) The Zirnbabwe Land Comn)ission has the following functions

  • to ensure accountability, fairness and transparency in the adlninisu•ation of agricultural land that is vested in the State;
  • to conduct periodical audits of agricultural land; to make reconnmendations to the Government regarding— (i) the acquisition of private land for public purposes;
    • equitable access to and holding and occupation of agricultural land. in particular—
      1. the elimination of all forms of unfair discrimination. particularly' gender discrimination:
      2. the enforcement of any law restricting the arnount of agriculturai land that may be held by any person or household:
    • land usage and the size of agricultural land holdings; the simplification of the acquisition and (ransfer of rights in land;

(v) systems of land tenure; and

('vi) fair coinpensation payable under any law for agricultural land and improvennents that have been conipulsorily acquired; (vii) allocations and alienations of agricultural land:

(d) to investigate and detennine complaints and disputes regarding the supervision, administration and allocation of agricultural land.

  • The Zimbabwe Land Cominission, with the approval of the Minister responsible for land, may Inake regulations for any of the purposes set out in subsection
  • The Zilübabwe Land Comnnission must exercise its functions in accordance with any general written policy directives which the Minister responsible for land Inay give it.
  • In discharging its flinctions, the Zimbabwe Land C01nmission must be guided bv the principles set out in section 289.
  • The State and all institutions and agencies of govertunent at every level, through legislative and other measures. must assist the Zimbabwe Land Conninission in carrying out its functions and must protect its independence. inmptllliality. integrity and effectiveness.
  • The (iovemment nousl nnake adequate and suitable provision, through legislation and other appropriate means. to ensure that —
  • (he Zillibabwc I and C.onunission is able (o exercise its functions efficiently and independently; and
  • persons employed by the Land Commission carry out their duties conscientiously', fairiy and impanial[y.

CHAPTER 17

FINANCE

PART I FINANCIAL MANAGPX(ENT

298 Principles of public financial management

( l ) The following principles Illust guide all aspects ol' public finance in

'Zimbabwe there rnust be transparency and accoun tability in financial Inattcrs;

  • the public finance system must be directed towards national development, and iti panicular—
    • the burden of taxation must be shared fairly;
    • revenue raised nationally noust be shared equitably between the central govermnent and provincial and local tiers of government; and
    • expenditure must be directed towards the development of Zinnbabwe, and special provision must be nnade for marginalised groups and areas:
  • burdens and benefits of the use of resources Inust be shared equi tables between present and future generations;
  • public funds nnust be expended transparently, prudently, econornically and effectively;
  • financial managernent must be Jesponsible, and fiscal reporting Illust be clear; and

(D public bon•owing and all transactions involving the national debt rnust be can•ied out transparently and in the best interests of Zirnbabwe.

(2) No taxes may be levied except under [he specific authority of this Constitution or an Act of Parlian)ent.

299 Parliamentary oversight of State revenues and expenditure

( l ) Parliament inust monitor and oversee expenditure by the State and all  and Institutions and agencies of government at every level, including statutory bodies , govr emment- controlled entities. provincial and metropolitan councils and local authorities. in order 10 ensure that

  • revenue is accounted for;
  • all expenditure has Keen properly incurred; and
  • any limits and conditions on appropriations have been observed.

(2) An Act of Parliannent must provide mechanisms [or Parliarnent to monitor and oversee expenditure refened to in subsection ( l ).

300 Limits of State borrowings, public debt and State guarantees

( l ) An Act of Parliament must set limits on borrowings by the Slate;

  • the public debt; and
  • debts and obligations whose payment or repaynoent is guaranteed by the

 

and those lirnits must not be exceeded without the authority of the National Assembly.

  • An Act of Parliament must prescribe ternls and conditions under which the Governn)ent may guarantee loans.
  • Within sixty days after the Governrnent has concluded a loan agreement or guarantee, thc N linister responsi ble for finance Inust cause its temts to be published ill the Gazette.
  • The N linister responsible for finance rnust
  • at least twice a year, report to Parliament on the performance of— (i) loans raised by the State; and

(ii) loans guaranteed by the State;

  • at the same tinme as the estinvates of revenue and expenditure are laid before the National Assenffly in terms of section 305, table in Parliarnent a con)prehensive statelnent of the public debt of Zin)babwe.

301 Allocation of revenues between provincial and local tiers of government

( l ) An Act of Parliament must provide for—

  • the equitable allocation of capital grants between provincial and Inetropolitan councils and local and
  • any other allocations to provinces and local authorities. and any conditions on which those allocations rnay be made.

(2) The Act refen•ed to in subsection ( l ) liltist take into account, amongst other factors—

  • the national interest;
  • any provision that must be made in respect of the national debt and other national obligations; the needs and interests of the central govenunent, by obiective criteria;
  • the need to provide basic services, including educational and health i'acilities, water. roads. social amenities and electricity to rnarginalised areas;
  • the fiscal capaci ty and efficiency of pmvincial and metropolitan councils and local authorities; deve[oprnental and other needs o!' provincial and metropolitan councils and local authorities; and

(g)  economic disparities within and between provinces.

(3) Not less than five per cent of (he national relenues raised in any financial year must be allocated to the provinces and local authorities as their share in that year.

CONSOLIDATED FEND

302 Consolidated Revenue Fund

There is a Consolidated Revenue Fund into which Inust be paid all fees, taxes and borrowituzs and all other revenues of the Government. whatever their source, unless an Act of Parli t

i 17

  • requires or permits them to be paid into some other fund established for a specific purpose; or
  • permits the authority that received them to retain them, or part ol' them. in order to meet the authority's expenses.

303 Withdrawals from Consolidated Revenue Fund

( I ) No Ilioney may be withdrawn from the Consolidated Revenue Fund except to meet expenditure authorised by this Constitution or by an Act of Parliament.

  • Money withdrawn fron) the Consolidated Revenue Fund must be paid only to the person to whonl the payment is due-
  • An Act ol' Parliament must presciibe the way in which
  • withdrawals are to be made from the Consolidated Revenue Fund and any other public fund; and
  • jnoney in the Consolidated Revenue Fund and any other fund is to be held and invested.

304 Charges upon Consolidated Revenue Fund

( l ) All debt charges for which the State is liable inust be charged upon the Consolidated Revenue Fund.

  • The costs and expenses incurred in collecting and Inanaging the Consolidated Rm enue Fund forni the first charge on the Fund.
  • For the pulposes of subsection ( I )

"debt charges" includes Interest, sinking fund charges. the repayrnent 01' aniortisation of debt and all expenditure related to the raising of loans on the security of the Consolidated Revenue Fund and the service and redenlption of debt created by those loans.

PART 3

AUTHORIS'ATfO.N OF EXPENDIT(      FROM CONSOLIDATED REVENI-;F. Fl • ND

305 Appropriations from Consolidated Revenue Fund

( l ) Every year the N linister responsible for finance Inust presen t to the -National Assenlbly a statement the estimated revenues and expenditures of the Govermnent in the next financial year.

  • The estimates of revenue and expenditure must be presented to the National Assembly in terrns of subsection ( l ) on a day on which the Assembly sits before or noi later (han thillv davs after (he start of each linancial year, but if Parlivunent is dissol',ed and it is ilnpos.sible 10 lay estimates before the Assembly by that Lillie, then they must bc laid beforc (he Assembly within thirty days after the Assernbly iir.st meets followine [he dissolution.
  • Separate estimates of revenue and expenditure must be given for each ol' the following each Commission established by this Conslitution:

(b) Ihc ol'iicc 01" (he the National Prosecuting Authority; the Council of Chiefs; and

(e)   any other instiluti0fl prescribed in an ACI or

(4) When the National Assembly has approved the estimates of expenditure for a financial year, other than expenditure that is specifically charged on the Consolidated Revenue Fund by this Constitution or an Act of Parliament, the Minister responsible for finance Illust cause a Bill to be known as an Appropriation Bill to be introduced into the National Assenfrly, and that Bill must—

  • provide l'or money to be issued ['rolli the Consolidated Revenue Fund to noeet the approved expenditure; and
  • appropriate the Inoney to the pumoses specified in the estimates, under separate votes for the different heads of expenditure that have been approved.

(5) It' the money appropriated to a purpose under an Appropriation Act is insufficient or if expenditure is needed for a purpose for which no money has bccn appropriated, the Nlinister responsible for finance must cause an additional or supplernentary estimate to be presented to the National Assembly, and if the National Assembly approves the estilnate the Minister must cause an additional or supplementary appropriation Bill to be introduced into the Assenlbly providing for the necessary money to be issued from the Consolidated Revenue Fund.

306 Authorisation of expenditure in advance of appropriation

( I ) An Act of Parliament lilay allow the President to authorise the withdrawal of nioney from the Consolidated Revenue Fund to Ineet expenditure which was unforeseen or whose extent was unforeseen and for which no provision has been made under any other law, but—

(a) the Act niust not allow the withdrawal of money in excess ol' one and onehatf percent of the total amount appropriated in the last niain Appropriation Act ; any money withdrawn under the Act Inust be included in additional or supplementary estinultes of expendilure laid without delay before the National Assembly and, if the Assen)bly approves the estimates, the must be charged upon the Consolidated Revenue Fund by an additional or supplenlentary Appropriation Act.

(2) If the Appropriation Act for a financial year has not corne into operation by the beginning of that financial year, an Act of Parliarnent tnay al losv the l)rc.sidcnt to authorise the withdrawal oi Inoney t•ronl the Consolidated Revenue Fund to rneet expenditure necessary to carrv on the services of the Governinent for the first four tnonths of the financial vear. but

  • the Act fillist not allow the withclrawal of money in excess of one-third of the amounts included in the estimates of expenditure for the previous (i nancial
  • any money withdrawn under the Act. must be included in an Appropriation Act for the financi al year concermcd, under separate votes '"or the different heads of expenditure.

(3) If Parliarnent is dissofted before adequate financial prohision has been made for can•ying on the services of the Government, an Act of Parliament may allow the President to authorise the withdrawal ot- money fron) the Consolidated Revenue Fund to meet expenditure needed to carry on those services until three Ilionths after the National Assembly first meets after the dissolution, but any money withdrawn under the Act nitl.st be included in an Appropriation A ct under separate votes (Or the dil'férent heads ot- expenditure.

1 19

307 Unauthorised expenditure

( l ) If it is found that more money has been expended on a purpose than was appropriated to it in terms of this Part, or that money has been expended on a purpose for which no money was appropriated under this Part. the Minister responsible for finance must introduce a Bill into the National Assembly seeking condonation of the unauthorised expenditure.

(2) The Bill referred to in subsection ( l ) must be introduced into the National Asselnbly without delay and in any event no later than sixty days after the extent oi the unauthorised expenditure has been established.

PART 4

AFFGEARDING OF PUBLIC Ft'N1)ys AND PROPERTY

308 Duties of custodians of public funds and property

( l ) In this section

'public funds' • includes any money owned or held by the State or any institution or agency of government, including provincial and local tiers of government, statutory bodies and government-controlled entities;

"public property" means any property owned or held by the State or any' institution or agency of govermnent, including provincial and local tiers of govelllment, statutory bodies and government-controlled entities.

  • It is the duty of every person who is responsible for the expenditure of public funds to safeguard the funds and ensure that they are spent only on legally auth01ised purposes and in legally authorised amounts.
  • Il is the duty of every person who has custody or control of public propefiy to safeguard the property and ensure that it is 1101 lost, destroyed, damaged, misapplied or misused.
  • An Act of Parliament must provide for the speedy detection of breaches of subsections (2) and (3) and the disciplining and punishinellt of persons responsible for any such breaches and. where appropriate, the recovery of misappropriated funds or property.

PART 5

AVDITOR-GENERAL

309 Auditor-General and his or her functions

( l ) There Illust bc an Auditor( whose office is a public ofticc but does not part of the Civil Service.

(2) The [unctions of the Auditor-General are to audit the accounts, financial systems and financial nmana oetnent of all departments. institutions and aeencies of government. all provincial and metropolitan councils and all local authorities;

  • at the request or the Govemment, to carry out special audits or the accounts of any statutory body or governinent-controlled entity:
  • to order the taking of measures to rectify any defects in the management and safeguarding of public funds and public property; and
  • to exercise any other [unctions that may be conferred or imposed on him or her by or under an Act of Pari ianrnt.

 

(3) Public officers nmust comply with orders given to them by the AuditorGeneral in terms of subsection (2)(c).

310 Appointment of Auditor-General

( l ) The Auditor-General is appointed by the President with the approval of Parliament.

  • The Auditor-General must be a Zimbabwean citizen chosen for his or her integlity. and must have been qualified to practise as an auditor for at least ten years.
  • "l'he tenn of of'ficc of the AuditorCieneral is a period of not morc than six years and a person not be appointed as Auditor-General after he or S'he has served for one or periods, whether continuous or not, amounting to twelve years.
  • Before entering office, the Auditor-General Illust take, before the President or a person authorised by the President, the oaths of loyalty and office in the fonns set out in the Third Schedule-

311 Independence of Auditor-General

In the exercise of his or her functions the Auditor-General is independent and subject only to the law.

312 Remuneration of Auditor-General

( I ) An Act of Pa must provide for the remuneration and benefits of the uditor- General to bc fixed with the approval of the President on the recornmendation of tile Ntinister responsible for finance.

(2) The remuneration of the Auditor-General must be charged upon and paid out of the Consolidated Revenue Fund and must not be reduced during his or her tenure of office.

313 Removal of Auditor-General from office

( l ) 'Phe Auditor-General may be ren)oved f rolli office only for—

  • inability to pelforlll the functions of his or her office because Inental or physical incapacity;
  • gross incon)petence•, or (c) oro,SS misconduct.
  • If the Minister responsible for finance. with the concurrence or the par[ianoentary committee responsible for public accounts, informs the President that the question of retnoving thc Auditor-General from office Oil 211t to be the President must appoint a tribunal to inquire into the matter.
  • A tribunal appointed under subsection (2) nmust consist of at least three noembers appointed by the President, of whom at least one must be a person who has served as a judge; and

(b) al least one must be chosen fronl a panel of al least three persons who have been nominated by the institute or association established by [aw 10 represent public auditors in Zimbabwe.

  • The institute or association referred to in subsection (3)(b) noust nominate the panel referred to in thal subsection when called upon to do so by the President.
  • A tribunal appointed under subsection (2) must inquire into the question of removing (he A uditor-Gencral from office and, having done so, report its findings to the President and recommend whether or not the Auditor-Cieneral should be removed.

12 1

and if the tribunal so recommends the President must, by order under the public seal. rernove the Auditor-General from office.

  • A tribunal appointed under subsection (2) has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10.071, or any law that replaces that Act.

314 Staff of Auditor-General

An Act of Parliament must provide for the appointment of a board to employ persons to assist the Auditor-General in the exercise of' his or her functions, and nust also provide ['or—

  • thc qualifications or those persons;
  • the conditions of service, conduct and discipline of those persons;
  • the independence, irnpartialily and integrity of those persons; and
  • (he organisation, efficiency and of the Auditor-General 's office.

PART 6

GENERAI

315 Procurement and other governmental contracts

( l ) An Act of Parliament must prescribe procedures for the procurement of goods and services by the State and all institutions and agencies of govenunent at every level. so that procurement is effected in a manner that is transparent, fair, honest, cost-efTective and con)petitive.

(2) An Act of Parliament must provide for the negot iation and perf01nance 01 the following State contracts—

  • joint-venture contracts;
  • contracts for the construction and operation of infrastructure and facilities; and
  • concessions of niineral and other rights; to ensure transparency. honesty, cost-effectiveness and cornpetitiveness.

316 Management of statutory bodies

An Act of Parlianlent must provide for the colnpetent and effective operation of bodies and, in particular, lililst ensure that their chicl cxccuti vc officers serve lililitcd periods whosc renewal is dependent on the efficient pclfonnance of their duties.

317 Reserve Bank of Zimbabwe

( l ) There is a central bank* to be known as the Reserve Bank of Zimbabwe. whose objects are

  • to regulate the monetary systenv,
  • to protect the currency of Zimbabwe in the interest of balanced and sustainable economic growth; and
  • to fönnulate and implement monetary policy.

(2) An Act of Parliament nyay provide for the structure and  of the Resewe Bank of Zinnbabwe and confer or inopose additional functions on it.

CHAPTER 18

GFNFRAI           SUPP} .FMF,NTARY PROVISIONS

PART I

GENERAL  AS TO COMMISSIONS

318 Application of Part 1

This Pan applies to the Commissions established by this Constitution, and to the Inembers of every such Commission.

319 Commissions to be bodies corporate

The Comn)issions are bodies corporate with perpetual succession and are capable 01s suing and being sued in their own names.

320 Membership of Commissions and conditions of service of members

( l ) Except as otherwise provided in this Constitution. every meniber of a (  is appoin ted for a tenn of fi ve years is ren€hvable for one additional term only.

(2) Menlbers of Cornmissions, other than (a) the independent Commissions;

  • the Judicial Service Commission:
  • the Zimbabwe Anti-Corruption Commission; and
  • the Zimbabwe Land Con)mission; hold office at the pleasure of the President.
  • Subject to this Constitution, Members of Parliament and rnembers of

are not eligible to be appointed as members of a Commission.

  • Where a Comrnission has a chairperson and a deputy chairperson, they lnus•t be of different genders.
  • Before entefing office, metnbers of Comrni.ssions Illust take before the President. or a person authoriscd by the President, the oaths of loyalty and office in the forms set out in the Third Schedule.
  • Men)bers of Commissions are entitled to such allowances and other benefits as Ina v be fi xed bv or under an A ct of Parliament. and thei r rctnnncration gnus( not be reduced during the tnembers' tenure of office.

(7 ) The remuneration and allowances of members of Conunissions are a charge on the Consolidated Revenue Fund.

321 Functions and procedure of Commissions

( l ) An ACI ol' Parliament may confer additional functions on a Comnlission and nmy regulate the Inanner in which a Con)mission exercises its [unctions, provided that the Comlnission•s independence or ef(éctiveness is not conipromised-

  • An Act of Parliament referred to in subsection ( I ) Jnay permit a Commission to delegate its functions, but a Commission must not delegate its power to nuike appointments or to make wconuncndations or o i ve ad hicc on, any office establishccl by this Constitution.

123.

 

  • Subject to this Constitution, any decision of a Commission requires the concurrence of' a majority of the Comlnission•s members who are present when the decision is taken.
  • An Act of Parliament lilay provide for the procedures to be adopted by a Commission. and in any respect that is not so provided for the Cononlission 111ay determine its own procedures, but any such procedures must be fair and promote transparency in the performance of the Commission 's functions.

322 Funding of Commissions

Parliament must ensure that sufficient runds arc appropriated to the 'onunissions to enable them to exercise their titnctions effectively.

323 Commissions to report annually to Parliament

( l ) Every Conunission rnust sublilit to Parlianment, through the responsible Minister. an annual repoll describing fully its operations and activities, the report being sublDitted not later than the end of March in the year following the year to which the report relates.

(2) An Act of Parliament Inay require a Commission to submit further reports in addition to the annual report specified in subsection ( l ), and Inay prescribe the way in which such reports are to be submitted.

PART 2

GENERAL

324 Diligent performance of constitutional obligations

Ail constitutional obligations must be perforlned diligently and without delay'.

325 Funding of constitutional bodies and other institutions

( l ) The Ciovernment must ensure that adequate funds are provided to the Commissions and other institutions established by this Constitution. to enable thern to pert'01T)1 their functions effectively

  • to Parliament, to enable it and its committees to meet whenever necessary; and
  • to all other institutions of the State and governnlent, to enable then) to perform their obligations under this Constitution.

(2) The Commissions and other institutions established by this Constitution must be given a reasonable oppoflunity to make representations to a parlianlentary cointnittcc as to the Cunds to be allocated to tl)C111 in each financial car.

326 Customary international law

( l ) Customary international law is part of the law of Zimbabwe. unless il is inconsistent with this Constitution or an Act of Parliament.

(2) When inlemreting legislation, every coun and tribunal nutsl adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe N in preference to an alternative interpretation inconsistent with that law.

124

327 International conventions, treaties and agreements

( I ) In this section— international organisation" means an organisation whose Inernbership consists of two or Inore independent States or in which two or more independent States are represented;

' 'International treaty" means a convention, treaty, protocol or agreernent between one or rnot•e foreign States or governnoents or intemational organisations.

(2) An international treaty which has been concluded or executed by the

President or under the President's authority —

  • does not bind Zimbabwe until it has been approved by Parliament: and
  • does not part of the law of Zimbabwe unless it has been incomoratecl into the taw through an Act of Partitunent-

(3) An agreement which is not an international treaty but which—

  • has been concluded or executed by the President or under the President's authority with one or more foreign organisations or entities; and
  • i tuposcs fiscal obligations on 7,in1babwe; does not bind Zirnbabwe until it has been approved by Parliament.

(4) An Act of Parliament may provide that subsections (2) and (3)— (a) do not apply to any particular international treaty or agreement or to any class of such treaties or agreements; or

(b)   apply with rnodifications in relation to any particular international treat) or agreement or to any class of such treaties or agreernents.

(5) Parliament nuty by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires — (a) the withdrawal or appropriation of funds from the Consolidated IRevenue

Fund; or

(b) any Inodi fication of the law of 7„irnbabsve.

(6) When interpreting legislation, every COLI.II and tribunal nul,sl adopt any reasonable intapretation of the legislation that is consistent with any international convention, treaty or a oreernent which is binding on Zimbabwe. in preterence to an alteqnative intelpretation Inconsistent with that convention, treaty or agreement

328 Amendment of Constitution

( l ) In this section

"Constitutional Bill" Ineans a 13ill that seeks to alnend this Constitution;

'"term-lilnit provision" Incans a provision ol' this Constitution which liniits the length of tilnc that a person may hold or occupy a public ofhcc.

  • An Act of Partimnent that annends this Constitution ]nust do so in express t ernns.
  • A Constitutional Bill may not be presented in the Senate or the National AssenÄbly in terms of section 131 unless the Speaker has given at least ninety days • notice in the Gazelle of [he precise terms of [he Bill.
  • Inunediately after the Speaker has given notice of a Constitutional Bill in of subsection (3). Parliament must invite members of the public to express their views on the proposed Bill in public meetings and through written subli)issions, and must convene and provide facilities 10 enable the public to do so.

125

  • A Constitutional Bill must be passed, at its last reading in the National Assembly and the Senate. by thc ve votes of fivo-thirds of the Inembcrship or each House.
  • Where a Constitutional Bill seeks to amend any provision of Chapter 4 or Chapter 16
  • with in three after it has been passed by the National Assembly and the Senate in accordance with subsection (5), it must be submitted to a national referendum; and
  • if it is approved by a majority of the voters voting at the referendum. the Speaker of the National Assenlbly must cause it to be subnlitted without delay to the President, who must assent to and sign it forthwith.
  • Notwithstanding any other provision of this section, an arnendment to a term-limit provision, the effect of which is to extend the length of' time that a person ruay hold or occupy all) public office, does not appt} in relation to any person who held or occupied that office, or an equivalent office, at any time before the anlcndnwnt.
  • Subsections (6) and (7) must not both be amended in the saine Constitutional Bill nor may arnendments to both those subsections be put to the people in the sanie referendunu
  • This section Inay be amended only by following the procedures set out in subsections (5) and (6), as if this section were contained in Chapter 4.

( 10) When a Constitutional Bill is presented to the President for assent and signature, it must be accompanied by

  • a certificate from the Speaker that at its final 'vote in the National Assernt)ly the Bill received thc affirrnalive votes of at least two-thirds of the rnembership of the Assernbly•, and
  • a certificate from the President of the Senate that at its final vote in the Senate the Bill received the affinnative votes of at least two-thirds of thc Inenffership of the Senate.

329 Commencement of Constitution, transitional provisions and savings

The Sixth Schedule applies to the commencernent of this Constitution, the repeal of the former Constitution and the transition to the new constituti011al order established by this Constitution.

PART 3

INTERPRETAFION

330 Application of Part 3

This Part applies to the interpretation of this Constitution unless the context otherwise requires.

331 General principles of interpretation of the Constitution

Section 46 with any necessary changes. to the interpretation of this Constitution apart from Chapter 4.

 

332 Definitions

In this Constitution —

"Act of Parliament" Ineans—

  • an enactment that has been passed by Parliament and then assented to and signed by the President in accordance with this Constitution; or
  • an enactment that was in force in Zimbabwe as an Act of Parliament immediately before the effective date. including—
    • any enactment included in the revised edition of the statute law of Zimbabwe prepared in 1996 under the authority of the Statute Law Compilation and Revision Act [Chapter I and
    • any enactment which, though ornitted from the revised edition referred to in subparagraph (i), continued in force notwithstandi ng that omission: and
    • any enacttnent enacted by the Parliament of Zirnbabwe after the revised edition referred to in subparagraph (i) but before the effective date;

"adlninistrative conduct" includes any decision, act or omission of a public officer or of a person performing a function of a public nature, and a failure or refusal of such a person to reach such a decision or to perfornl such an act:

'amend" includes vary, alter, modify, add to, delete or adapt;

"by-election" means an election to fill a casual utcancy in Parliament or in a local authority;

"Chief' means a Chief referred to in Chapter 15;

"Civil Service" has the rneaning given Lo it by section 199:

  • •Conunission" Ineans a Conlinission established by this Constitution;

"Committee on Standing Rules and Orders'* means the coml)1ittee of that n an)e established under section 151 ;

Land" means land set aside under an Act ol' Parl imnent and held in accordance with cust01nary law by men)bers of a cominunity under the leadership of a Chief;

  • Constitutional Bill" Ineans a Bill which, if enacted, would have the effect of amending any of the provisions of this Constitution;

"Constitutional Coun•• means the Constitutioual Court established bv section 162(a):

"constitutional matter" means a Inatter in which there is an issue involvine the intemretation , protection or enforcement ol' this Constitution;

"custonyary law" means the customary law of any section or cominunity ol' Zimbabwe's people;

"disciplinary law' • means a written law that regulates the discipline ol' members of a disciplined force, including part-time members, while they are rendeling service in the force or in respect ol' their failure to render service in the force;

'disciplined force" means

(a) a naval. military or air force:

a police service:

  • a prisons or con•ectional service; or

127

  • any other body established for public purposes by or under an Act of Parliament and declared by that Act to be a disciplined force;

' 'effective date" means the date on which this Constitution comes wholly into operation in terms of paragraph 3(2) of the Sixth Schedule;

"Electoral Law" means the Act of Parliament that regulates elections in terrns of this Constitution;

"financial year" Incans the twelve-month period ending on the 3 1st         ber;

"'function" includes power and duty;

'Gazette" Illeans the official Gazette of the Gove,1711nent and includes any supplenlent to that Gazette;

'general election" means a general election

  • of the President, Vice-Presidents and Members of Parliarnent;
  • of of the goveming bodies of local authorities;

"Government" means the Government of Zimbabwe;

'government-controlled entity" means a body corporate whose operations or activities are substantially controlled by the State or hy a person on behalf of the State, whether through ownership of a nuljority of shares in the body corporate or otherwise;

'House", unless otherwise qualified, Ineans the Senate or the National

Assembly;

"independent Commission" Ineans a Commission refened to in section

"judge" means a judge of the Constitutional Court, the Supren)e Court, the High Court. the Labour Court or the Administrative Court:

"Judicial SelNice Conmlission" Ineans the Commission of that established by section 189; "law" means—

  • any provision of this Const.itution or of an Act of Parliament:
  • any provision of a statutory instrument; or
  • any unwritten law in force in Zimbabwe, including custornary law; and "lawful", 'lawfully' legal" and "legally" are to be construed accordingly;

"legal practitioner" Ineans a person who is pennit[ed to practise the profession of law in Zimbabwe;

'local authority" means a council refen•ed to in Part 3 ol' Chapter 14;

Jnember", in relation to—

  • a Comrnission or other body established by this Constitution, includes the chairperson and deputy chairperson;
  • a statutory body. provincial or nmetropolitan council or local authority, nmeans a person who is appointed or elected to a council, board or other authority which

(i) is a statutory body, provincial or Illetropolitan counci! or local authoritv•. or is responsible for administering the affairs of the statutory bodv, provincial or metropolitan council or local authoritv•,

"Menlber of Parliament" means a Senator or a Member of' the National Assen)blv:

128

metropolitan council" means a council established by section 269 for a metropolitan province;

  • •Inetropolitan province" means Bulawayo Metropolitan Province or Harare Metropolitan Province, as the case may be;

Minister" includes a person exercising the functions of a Minister, whatever their title;

"national legislation" Illeans an Act of Parliament or a statutory instrulnent made under an Act of Parliarnent;

%oath" includes affi nnation;

"otTence" Illeans a criminal offence; of public emergency" means a period when a declaration of a state of public emergency under section 1 13 is in effect;

  • person" means an individual or a body of persons, whether incorporated or unincorporated;

"President' Illeans the President of ZiJDbabwe;

"President of the Senate" means the President of the Senate elected in ternys of section 122;

"provincial council % means a council established by section 268 for a province other than a metropolitan province; public office" Incans a paid office in the service of the State:

'public officer" Incans a person holding or acting in a public office;

"security service" Ineans a security service referred to in section 207;

"Senator Chief"' means a Chief elected to the Seriate in terms of section 1         I )

(b) or (c);

"sitting' • rneans a period during which the Senate or the National Assen)biy is sitting continuously, including any period during which the Senate or the National Assenlbly. as the case may be. is in conunittee;

"sitting day" IT)eans any weekday which is prescribed in the Standing Orders of the National Assen)bly or the Senate, as the case lilay be, to be a sitting day, whether or not the House concerned nieets on that day •

"Speaker" Ineans the Speaker of the National Assembly elected in ternl,s of section 1 26'

'Standing Orders", in relation to anything to be done by

  • the Senate, mean.s Standing Orders of the Senate;
  • the National Assen)bly, Ineans Standing Orders of the Nationai Assembly:
  • the Senate and the National Assennbly jointly. means joint Standing Orders:

made in terms ol' section I R9;

  • •statutory body' • nrans
  • a Commission established by this Constitution; or
  • a body corporate established directly by or under an Act of Parliament for special purposes specified in that Act, whosc Inembership consists wholly or mainly ot- persons appointed by the President. a Vice-President, a Minister. a Deputy Minister, another statutory body or by a Comn)ission established by this Constitution;

'statu lory instrument' noean.s anv instlilment that has the force of law and that

 

is made by the President, a Vice-President. a Minister or any other person or authority under this Constitution or an Act of Parliament;

"tax" includes a duty. rate, levy or due;

"traditional leader" means a person appointed as such in terms of section 28.3 •

"Zimbabwe" means the Republic of Zillibabwe;

"Zimbabwe Electoral Comnlission" rueans the Commission that name established by section 238;

"Zimbabwe Human Rights Commission" rneans the Commission ol' that nanw established by section 242.

333 References to Chapters, sections, etc.

Any' reference in this Constitntion, without qualification, to

  • a Chapter, s'ection or Schedule, is to be consumed as a reference to a Chapter or section of or Schedule to this Constitution;
  • is to be construed as a reference to a subsection of the section in which the reference is made; a paragraph, is to be construed as a reference to a paragraph of the Schedule, section, subsection or definition in which the reference is made, (d) a subparagraph, is to be construed as a reference to a subparagraph of the paragraph or subparagraph in wh ich the reference is made.

334 Words in singular to include plural, and vice versa

In this Constitution, words in the singular include the plural and words in the plural include the singular.

335 Tables and headings

Tables of' conterrts and headings to Chapters, Pans, sections and other provisions of' this Constitution do not part of the Constitution and are inserted ('or ease 01 reference only.

336 References to time

( l ) In this Constitution, whenever a period of days is expressed

  • to begin on or to be reckoned from a paflicular day, that day is not to be included ill the period:
  • to end on or to be reckoned to a panicular (lay* that day is to be included in the period.
  • Subiect to this Constitution. whenever the tillie for doing anything in terms of this Constitution ends or falls on a Saturday. Sunday or public holiday. the time extends to and the thing may be done on the next day that is not a Saturday. Sunday or public holiday.
  • A reference in this Constitution to a month is to be construed as a reference to a calendar month, and a period of months is to be reckoned the date when the period begins to the corresponding day of the month when the period ends.
  • A reference in this Constitution without qualitication to a year is (o be construed as a reference to a period of twelve months.

337 References to holders of office

Whenever this Constitution refers to the holder of an of(icc by a term designating thc ofticc, the rcfer•cncc includes a refer•cncc to any person who is law(illlv acting in or exercising the functions of (hat office.

338 References to Parliament

Where this Constitution requires a report or other document to be submitted to or laid before Parliament. the report or document must be submitted to or laid before both the Senate and the National Assembly.

339 Advice and consultation

( l ) Whenever this Constitution requires any person or authority to act on the advice of anyone else. the person or authority must—

  • inform the other person. in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; and
  • afford the other person a reasonable opportunity to tender advice; and the person or authority is obliged to fol low the advice tendered by the other person.

(2) Whenever this Constitution requires any person or authority to consult anyone else, or to act after consultation with anyone else, the person or authority lilti,st

  • inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act:
  • afford the other person a reasonable opportunity to Inake reconlmendations or representations about the proposal; and give careful consideration to any recomrnendations or represenlations that the other per-son rnay make about the proposal; but the person or authority is not obliged to follow any recommendations made by the other person.

340 Appointments

( I ) Except as otherwise provided in this Constitution. a power under this

Constitution to appoint a person to an officc includes a silliilar power— (a) to reappoint the person to that office;

  • to appoint a person on prornotion or transfer to that office;
  • to appoint a person to act in (hat office;
  • to appoint a person to that office while it is held by sotneone else who is on leave ol' absence pending relinquishrnent or the office.
  • to fix and vary (he person 's conditions of scmcc in that office, including the person's remuneration and period of appointlncn( and any beneli(s on termination ol' service; and subicc( (o this Constitution, to suspend or remove the person [rorn office.
  • Where (wo or gnorc persons hold (hc same oflicc as a result of a person bci112 appointed to it while the incumbent is Olt leave of absence pending relinquishment of the oflicc, the person last appointed must be regarded as the sole holder ol' lhc office.
  • Subject 10 this Constitution, an Act of Parliament may provide for the appointlllcnt of onc or Inore deputies to any person holding an oftiec under this Constitution and may provide for their [ltnctions and conditions of service.
  • Where a deputy is appointed to a person holding an of(icc under (his Constitution, the deputy Illay exercise any of (he l'unclions of IllC of(icc whenever (he office-holder is for any reason unable (o pcr[orm (hem.
  • Subject to any provision ol' [his Constitution that may [imit the period or

nutnber of terms that anyone rnay serve in a particular office, a person who has vacated an office established by this Constitution may, if qualified5 be re-appointed or re-elected to the ofTice.

341 Resignations

( l ) Any person who is appointed or elected to an ofTice established by this Constitution may resign from that office by written notice addressed to the person thai appointed or elected the office-holder concerned, but in the case of—

  • the President, the notice must be addressed to the Speaker;
  • the President of the Senate or his or her deputy the notice nutst be addressed to the Clerk of Parliajnent or announced to the Senate;
  • the Speaker or Deputy Speaker of the National Assembly the notice Inust be addressed to the Clerk of Parliament or announced to the National Assembly;
  • a Senator, the notice Inust be addressed to the president of the Senate;
  • a Member of the National Assembly, the notice must be addressed to the Speaker;
  • a member of a provincial council, the notice must be addressed to the chairperson of the council;
  • a member of a metropolitan council. the notice must be addressed to the Inayor of the province;
  • a *nember of a local authority, the notice must be addressed to the chiel executive officer of the council.

(2) A person 's resignation from an office established by this Consti tution takes effect on [he date or at the inclicaled in the notice of resignation or. if no date or time is indicated, when the notice is received by the person to whom it is addressed or by anyone else who is authorised by that person to receive it.

342 Exercise of functions, etc.

( l ) A power, jurisdiction or right conferred by this Constitution rnay be exercised, and a duty imposed by this Constitution must be perforlned. whenever it is appropriate to do so.

  • All institutions established by this Constitution have all powers necessary for them to fulfii (heir objectives and exercise their functions.
  • Where a power, jurisdiction or right is confen•ed by this Constitution, any other powers or rights that are reasonably necessary or incidental to its exercise are impliedly conferrd as well.

343 When person not regarded as holding public office

For the purposes this Constitution, persons are not to be regarded as holding public oV(ice solely on the ground thal (hey rcccivc a pension, half-pay, retirclncnt pay or other sinmilar allowance in respect of previous service in a public office.

344 Quorum and effect of vacancies in constitutional bodies

( l) A body established by or under this Constitution may act even if there are one or more vacancies in its membership, provided that the members ol' the body who authorise or perl'onn the act are a quorum.

  • Unless this Constitution or a law regulating the proceedings ol' the body

132

 

concemed makes sonne different provision. half the total membership of any body established by or under this Constitution constitutes a quorum.

  • Any reference in this Constitution to the votes of—
  • half of the membership of a body whose rnejnbership is not a multiple of two;
  • two-thirds of the membership of a body whose membership is not a multiple of three; or
  • three-quarters of the membership of a body whose membership is not a multiple of four;

is to be interpreted to mean that the number of votes must be not less than the whole nunlber next above onehalf, two-thirds or three-quarters, as the case may be, of the body •s Inembership.

(4) Any reference to the total membership of Parlialnent is a reference to the total number of persons who tor the time being are Members of Parliament.

345 Inconsistencies between different texts of Constitution

In the event of an inconsistency between different texts of this Constitution, the English text prevails.

FIRST SCHEDULE (Section 4)

NATIONAL FLAG, N                      ANTHEM, NATIONAL COAT OF ARMS AND PUBLIC SFAI

PART I

NATIONAL FL

PART 2

NATIONAL ANTHEM (ENGLISH)

English Version

lift high, high, our flag of

Born of the lire ol' the revolution

And of the precious blood of our heroesLet's defend it against all foes;

Blessed be the land of Zimbabwe-

Behold Zil)lbabwe so richly adorned

With mountains and rivers, beautiful.

I wet rain abound and fields yield the seed May all be fed and workers æwarded. Blessed be the land of Zimbabwe.

  1. O God, bless the land of Zimbabwe, The land of our heritage.

From the Zan)bezi to the Lilnpopo.

May our leaders be just and exemplary, Blessed be the land of Zinlbabwe.

PART 2

NATIONAL ANTHEM (Musrc)

PART 3

NATION NL COAT or ARMS

PART 4

PI rc SEAL

I Depict the Public seal!

 

SECOND SCHEDULE (Section 87)

LIMITATIONS ON RIGHTS DI RING PUBLIC

Interpretation in First Schedule

l . In this Schedule

"detainee" means a person who is detained under an emergency law that provides for preventive detention;

"emergency law" means a written law that provides for action to be taken Lo deal with any situation arising during a period of public emergency;

"fundamental human fight or freedom" means a right or freedom set out in Part 2 of Chapter 4;

"review tribunal" means the tribunal referred to in paragraph 3( I

Evtent to M'hich fundatnenta/ human rights or freedoms 'nay he /hnited

  1. ( l ) An einergency law may limit any of the fundamental rights or freed01ns, but only to the extent set out in section 87.

a state of public emergency is declared under section 13 in relation to only a pan of Zilnbabwe, an emergency law may not limit fundamental human rights or freedonu; under this Schedule in any other part of Zimbabwe.

Detainees Review Tribunal

  1. ( I) An ernergerrcy taw that permits preventive detention must provide for the establishinent of a tribunal to review the cases of detainees.
  • The review tribunal must be appointed by the President on the advice of the Judicial Service Conon)ission and after consultation with the Cojnnoittee on Standing Rules and Orders.
  • The review tribunat must consist of—
  • a chairperson, who is or has been a judge; and
  • two other members, one of whom
    • is or has been a judge or is qualified to be appointed as such.
    • has been a magistrate in Zimbabwe for at least seven years; or
    • has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe.

Basic rights o/ delainees

  1. ( l ) All detainees—

(a) must be infommed as soon as reasonably practicable. and in any ease w'ithin seven davs, or the reasons ('or their detention; nnusl be pennilted without delay -

(i) at their own expense, to choose and consult in private with a legat practitioner; Ol' if they wish, to consult in private with a legal practitioner assigned to them by the State at State expense; and must be intOrmecl as soon us reasonably practicable of their rights under this paragraph; and

(c)     musl be treated humanely and with respect ('or [heir inherent dignity as hillnan beings.

  • Where this paragraph requires infonnation to be given to a detainee
  • the information must be given in a language that the detainee understands; and
  • if the detainee cannot read or write. any document embodying the inforjnation Inust be explained in such a way that he or she understands it.

Reviewv q/' detainees ' cases

  1. ( l) Every detainee's case must be subnoitted to the review tribunal within ten days after his or her initial detention and the tribunal must be infomned of the name of the the place where he or she is detained and the reasons for the detention.
    • Every detainee's case must be resubmitted to the review tribunal at intervals of thirty days the date on which the case was last reviewed„ or at shorter intervals if the tribunal so orders-
    • The review tribunal Illust proceed without delay to review all cases subn)itted to it.
    • At all hearings by the review tribunal. the detainees whose cases are being reviewed must be allowed to present their cases in person or, if they wish
    • through legal practitioners assigned to them by the State at State expense: or
    • at their own expense, through legal practitioners of their choice.
  • The reference in subparagraph ( l ) to a ten-day period includes a reference to lesser periods of detention that amount to ten days, in the case of a detainee who is released within ten days after being initially detained and is then re-detained within ten days after that release.

Recontlnendations o]' review tribunal

  1. . After reviewing a detainee's case, the review tribunal nut.st nyake written recommendations to the authority that ordered the detention as to whether or not the cletainee should continue to be detained, and the authority must act ill accordance with the tribunal •s recornrnendation.

Released detainees not to he re-detained on saute grounds

  1. ( l ) A detainee who has been released frorn detention as a result of a report of the review tlibunal that there is insufficient cause for the detention jnust not be detained again on substantially the sanie grounds as those on which he or she was originally detained .
    • For the purposes of this paragraph, a person is deemed to have been detained on the same grounds as [hose on which he or she was ()liginally detained unless the review tribunal has reported that. in its opinion, there appear to be new and reasonable grounds for the detention-

Preservation o/ detainees ' access 10 courts

  1. . This Schedule is not to be construed as limiting a detainee's right to challenge in a court the lawfulness of his or her detention, whether or not his or her case is already before the review tribunal.

THIRD SCHEDULE

(Sections 94, 104, 114, 122, 123, 126, 127, 128, 185, 259, 272, 310 and 320)

OATHS AM) AFFIRMATIONS

Notes:

L A person who is required to take any of the following oaths may. if he or she wishes, luake an affinnation instead, using the indicated wording.

  1. if a person taking any of the following oaths, or making any of the following affinnations, varies the wording of the oath or affirtnation to a non-material extent, the variation does not affect the validity or binding nature of the oath or affirmation

OATH OR AFFIRMATION OF LOYALTY

. swear lor solenjnl.v affil-nil that I will be faithful and bear true aliegiance to Zimbabwe and observe the laws of Zimbabwe.

So help me God. I '1k) be ontilied in

This oath or affirmation is to be taken before the person specified in lhe appropriate leg isla? ion.

OATH OR AFFIRMATION OF OFFICF

. swear [or solemnnlv alftrmnl that I will serve

Zillibabwe well and truly in the of(ice or..

So help me God. ITO be 0171itted in qffinnationl

This oath or q/Jtnnation is to be taken be/öre the person specified in 'he appropriate legislation.

(OATH OR AFFIRMATION OF PRESIDENT AND VICE-PRESIDENTS

l . . . swear [or solemnly affinn] that as President or Vice- Presidentl of Zimbabwe I will be faithful to Zimbabwe and will obey, uphold and defend the Constitution and all other laws of Zinlbabwe, and  that I will pron10te whatcver wili advance, and oppose "'hatevcr inay hann,

Zimbabwe;  that I will protect and the lights of the people of Zilnbabwc,  that I ',vill discharge Iny duties ',vith all strength to the best of knowledge and ability and true to the dictates ol' my conscience: and  that I will devote Inyself to the well-being ol' Zitnbabwe and its people.

So help Die God. ['1b be omnilled in (UTIF)nalionl

This oalh OF a/j/irntation is 10 he taken heJöre lhe Chie/.luslice or. i" his or her alysence, he/ore the neevt tnosl senior judge available.

OATH OR AFFIRMATION OF MINISTER

swear 'or solemnly a]Jinnl that I will be faithful to 7uilnbal)'vc and, in the ol'(icc of Nlinister. will uphold the Constitution and all other laws of Zilnbabwe•, thal I will give advice to the President of Zil)lbabwe freely and to the besi of Iny judgeunent whenever I am required to do so. for the good managenrnt of the public alTairs of Zimbabwe; that I will not disclose, directly or indirectly, any

138

 

secret that is debated in Cabinet or any secret that is entrusted to me in the course of my duties as 1Minister; and that in all respects I will perfoml the duties of office faithfully and to the best of my ability.

So help me God. [To be onlitted in affinnation I

This oath or afftnnation is 10 be taken before the President or. in his or her absence before the Chie/ Justice or the next mos/ senior judge available.

OATH OR AFFIRMATION OF DEPUTY MfNISTF.R

..... ... swear [or solemnlv alftnnl that I will be faithful to Zimbabwe and, in the office of Deputy Minister, will uphold the Constitution and alf other laws of Zin)babwe; that I will give my advice to the President 01s Zirnbabwe freely and to the best of judgement whenever I an) required to do so, ror the good 'nanagenlent of the public affairs of  that I will not disclose, directly or indirectly, any secret that is entmsted to me in the course of my duties as Deputy NTinister•, and that in all respects I will perfonn the duties of my office faithfully and to the best of my ability.

So help me God. I be oynilted in afftrnl(ltionl

This oath or amnnation is 10 be taken be./öre the President or, in his or her absence, before the Chie[Justice or the next ntosl senior' judge available.

OATH OR OF X/IF.MBFR OF PARLIAMENT

swear [or solenjnly affinn] that I will be faithful to Zilnbabwe, that I will uphold the Constitution and all other laws of Zin)babwe, and that I will perform my duties as a Senator/Mel)1ber of the National Assembly [ vehichever is appropriate] faithfully and to the best of my ability.

So help me God. [1b be opnitted in affnnalionl

This oath or affirpnalion is 10 be taken before the C'lerk of Parlianwnl.

Jl                OATH OR AFFIRMATION

swear [or solentnl)' affinnl that I will be faithful to /,ilnbabwe and that in the office of  I "'ill uphold and protect the Constitution and will administer justice to all persons alike without  l'avour or preiudice in accordance with the Constitution and the law.

So help       God.      be omilled in W/irntalion I

Where lhe person taking this or affirmallon is a judge. il is 'o he taken be/öre lhe Chie/]uslice or the nexl senior judge available. In all other cases il is 10 be luken be/öre the person spectJied in the appropriate legislation.

OATH OR AFFIRMATION MEMBER OF PROVINCIAL/MFTROPOI]TAN COI

to Zi Il) babwc and, in the officc of litcmbcr ol' the provincial (or metropoli tan I council of the Province of  Israre o]'provincei will uphold the Constitution and all other laws of Zin)babwe•, that I will give lily advice to the

Chairperson lor Mayor] of  [state nanae Q/' province] freely and to the best of my judgement whenever I am required to do so, for the good Inanagement of the public affairs of the Province; that I will not disclose, directly or indirectly, any secret that is debated in the provincial [or pnetropolitan] council or any secret that is entrusted to me in the course of my duties as member ol' that council; and that in all respects I will perform the duties of my office faithfully and to the best of Iny ability.

So help me God. i 'It) be onlitred in affinnationl

This oath or affinnation is 10 be taken be]öre the person specified in rhe appropriate leg islalion.

FOURTH SCHEDULE (Sections 92, 121, 124, 125 and 158)

QUALIFICATIONS OF VOTERS

Qualifications for registration as voler

  1. ( l ) Subject to subparagraph (2) and to paragraph 2, a person is qualificd to be registered as a voter on the voters roll of a constituency if he or she— (a) is of or over the age of eighteen years; and (b) is a Zimbabwean citizen.

(2) The Electoral Law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirernents rnust be consistent with this Constitution, in paniculat with section

Disqualifications for registration as voter

  1. A person is disqualified to be registered as a voter—
  • while he or she is detained as rnentally disordered or intellectually handicapped under an Act of Parlialnent relating to mental health:
  • if he or she has been declared by order of a court to be incapable of

Inanaging his or her affairs, for so long as the order remains in force; or

  • if he or she has been convicted of an offence under the Electoral Law and declared by the Ili!h Court to be disqualified for registration as a voter or froln voting, for the period he or she has been declared disqualified, but the peliod illust not exceed five years.

FIFTH SCHEDULE (Sections 130 and 131)

PROCEDURE AS TO B[1A.s AND OTHER MATTERS PARI

ARRANGEMENT OF PARAGRAPHS

PART I

INTRODUCTION TO Bn  AND PETITIONS

Paragraph

Interpretation in Fifth Schedule.

  1. House of origin of Bills.
  2. Members who may move Bills and
  3. Parliament not to deal with Money 13ills or fiscal motions or petitions except on recoynnrndalion of Vice-President, Minister or Deputy Minister.

PART 2

PROCEDURE REGARDING BILLS

  1. Transmission of Bills between Houses.
  2. Disagreement between Houses.
  3. Money Bills.

PART 3

REPORTS OF PARLIAMENTARY LEGAL COMMITTEE

  1. Reports Parliamentary Legal Committee on Bills.
  2. Reports of Parliamentary Legal Committee on statutory instruments-

PART I

INTRODUCTION TO 1311.1.S . MOTtoxs AND PETITIONS

Interpretation in Fifth Schedule

l . In this Schedule—

'Money Bill' • means a Bill that makes provision for ilnposing, increasing or reducing a tax for the benefit of the

  • appropriating money from, or imposing, increasing or reducing any charge on, the Consolidated Revenue Fund or any other fund vested in or controlled by the Government;
  • co;npouncling or remitting a debt due to the State:
  • condoning a failure to collect a tax due to the State; or
  • condoning unauthorised expenditure by the Governn)ent

House Q/ origin Bills

  • ( l ) Any Bill may originate in the National Assembly.
    • Any Bill. other than a Money Bill, may originate in the Senate.
  • Subject to this Constitution and Standing Orders
    • any Senator may introduce any Bill into the Senate or move any motion lor debate ill the Senate or present any petition to the Senate;
    • any Member ol' the National Assembly Inay introduce any Bili into the Assembly or Inove any motion for debate in the Assembly or present any petition to the Assembly;
    • any Vice-President. Minister ot- Deputy Minister may introduce any Bill into or move any motion for debate ill or present any petition to either the Senate or the National Assembly.
    • any Member who has introduced a Bill into a House of Parlianwnt Inay, alter the Bill has been passed by thal House, introduce the Bill into the other House.

Par/icunenl noi io deal bt:ilh A'lanev Bi//s      motions (w peli/ions excepi on recopnnwnda!ion o]' Vice-Presidenl, Mznisler or Depul_v Minisler

  • ( l ) Except on the reconnmendation of a Vice-President. Minister or Depuly

Minister, neither House Parliament mav

proceed upon any Bill. including an arnendlnent to a Bill, which, in the opinion of the President of the Senate or the Speaker. as the case may be. is a Money Bill;

(b) proceed upon any rnotion, including an amendment to a motion. whose effect, in the opinion of the President of the Senate or the Speaker, as the case Inay be, is that provision should be made for any of the following Inatters —

  • imposing, increasing or reducing a tax co!' the benefit of' the State:
  • appropriating money fron), or imposing or increasing any charge on, the Consolidated Revenue Fund or any other rund vested in or controlled by the Government;
  • coinpounding or remitting a debt due to the State;
  • condoning a failure to collect a tax due to the State; or (v) condoning unauthorised expenditure by the Government; or

(c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be Inade for anything that is specified in subparagraph (b).

  • Subparagraph ( I ) does not apply to a Bill introduced , [notion or amendnoent inoved or petition presented by a Vice-President, Minister or Deputy Minister.

PART 2

PROCEDURE REGARDING BILLS

Transnüssion Q/ Bills bet)veen Houses

  • ( l ) A Bill which originated in one House of Parliarnent and has been passed by that House must be transrnitted to the other House without delay, and the date of its transrnissi011 Inust be recorded in the journal of the House from which it is transmitted.
    • A Bill that has been transn)itted to a House of Parliarnent noust be introduced into that House without delay, and the House Inay reject the Bill or pass it with or without amendinent.
    • A Bill which, having been translnitted to a House of Parlianlent in accordal'lce with this paragraph, is passed by that House with amendments Inust be returned to the House wherc it 01iginated with (he anlendmen(s duly certified by the Clerk of Parlianlent, and the House to which it is returned nuty reject, agree 10 or atilend any ol those alnendlnents,
    • after a Bill has been relumed 10 its originating House in lerlns subparagraph (3), any aynendnlenl made 10 il by the other House is rejected or anlended by the originating House. the other House may. by message to the originating House pursuant to a resolution, withdraw the amendment or agree to its being amendedDisagreenwnr bel"'een Houses
  • ( l ) Subject to this paragraph, if
    • the Senate and the National Assenlbly have not agreed on aniendments to be made to a Bill which originated in the National Assembly within ninety days after the Bill was introduced into the Senate;
    • the Senate and the National Assenlbly have not agreed on amendnoents to be Inade to a Bill which originated in the Senate within ninety days alter [he Bill was returned to the Senate; or

142

 

  • a Bill which originated in the National Assembly has been rejected or has not been passed by the Senate within ninety days after the Bill was introduced illto the Senate;

the Bill Inay be presented to the President for assent and signature in the form in which it was passed by the National Assembly, except for minor changes required by the passage of tilne and any amendments on which the Senate and the National Asselnbly

l)lay have agreed.

  • Il', in the opinion of the Speaker, a Bill which
  • originated in the National Assembly; and
  • was introduced into the National Assembly within ninety' days after a previous Bilt originating in the Senate was introduced into the Senate:

contains provisions identical to those contained in that previous Bill, except for changes required by the passage of time, subparagraph ( l ) applies to the Bill as though the ninety-day periods ill subparagraphs (a) and (c) of that subparagraph were periods of eight sitting days.

  • A Bill referred to in subparagraph ( l) or (2) calli10t be presented to the President for assent and signature unless, after the ninety-day period or eight-day period specified in the subparagraph conce171ed, the National Assernbly has resolved that the Bill should be presented to the President for assent.
  • A Bill that is presented to the President for assent and signature in accordance with this paragraph Illust be accotnpanied by a certificate fronl the Speaker stating that the Bill is one to which this paragraph applies and that the requirelnents of this paragraph have been satisfied.
  • A Bill presented to the President in accordance with this paragraph is deemed to have been duly passed by Parlialnellt in the form in which it is presented to the President.
  • For the purposes of this paragraph
  • a Bill originating in the National is deemed to have been introduced into the Senate on the silting day inunediately after the date oi Its transn)ission to the Senate, as recorded in the journal of the National Assembly in terms of paragraph I
  • a Bill originating in the Senate is deelned to have been returned to the Senate on the sitting day ilnnlediately af'ter the date on which it is returned for the first tinie 10 the Senate in accordance paragraph .5(3)
  • This paragraph does no! apply [o Constitutional Bills or Money Bills.

Bills

  • ( I ) The Senate does not have power to amend a Money Bill but Inay reconnmend that the National Assembly make amendments to it.
    • The Clerk of Parli'd]nent must certity every amendment which [he Senate has recornnmended should be Inade to a loney Bill and nuusl transnlit the certified amendment [o the National Assembly.
    • The National Assembly must consider any amendments translnitted to it under this paragraph and may incomorate them into the Money Bill concerned.
    • Il' the Senate does not pass a Money Bill within eight sitting days counted [rom the day the Bill was introduced into the Senate, the Nationa! Assembly resolve that the Bill should be presented to the President, and the Bill may then be presented to the President in the form in which it was passed by the National Assembly.

1 43

CONS'lMTk '"PION        7,1MBABWE                               (IV) 20)

  • A Money Bill that has been presented to the President pursuant to a resolution under subparagraph (4) —
  • is regarded as having been passed by Parliament in the form in which it was passed by the National Assembly; and
  • when it is presented to the President for assent and signature, must be accolnpanied by a certificate from the Speaker stating that the Bill was passed in terms or this paragraph.

PART 3

REPORTS OF PARLIAMENT XRY LEGAL COM M ITTEE

Reports Q/ Parliamentary Legal Cmnnzittee on Bi//s

  • ( l) Subject to this paragraph, neither House Inay gi ve a Bill its final reading unless a report of the Parlianlentary Legal Committee on the Bill has been presented to the House.
    • Subparagraph ( l ) does not apply to— (a) a Constitutional Bill; or

(b) any Bill on which the Parliamentary Legal Committee has already reported unless the Bill has been amended since that report.

  • If the Parlialnentary Legal Conunittee has not reported on a Bill within the period specified in Standing Orders, or within any extension of that period granted in accordance with Standing Orders, the Corninittee must be presumed to be of the opinion that no provision of the Bill, if enacted, would contravene this Constitution. and the House concerned may proceed with the Bill as if the Cotnrnittee had reported accordingly.
  • Subject to subparagraphs (5) and (6), if the Parliarnentary Legal Comnlittee reports that a provision of a Bill, if enacted, would contravene this Constitution. the House concerned must consider the report and. if the House resolves that the provision concerned would contravene this Constitution, the House must not pass the Bill containing that provision.
  • When a House considers a report of the Parliamentary Legal Cornn)iltee referred to in subparagraph (4) regarding a Bill that was introduced by a Vice-President, Minister or Deputy Minister, the person who introduced the Bill must be given a reasonable opportunity to respond to the report.
  • If a House resolves in accordance with subparagraph (4) that a pmvision of a BilL if enacted, would contravene this Constitution. a Vice-President or Minister Iliay apply to the Constitutional Court within tOurteen days arter the resolution was passed [or a declaration that the provision, if enacted, would be in accordance wr ith this Constitution, and if the Constitutional COUN makes such a declaration [he House concerned may proceed to consider and pass the Bill containing that provision.

Reports Q/' Par/iatnenrary Legal Comtnittee on staturorv instrutnent.s•

  • ( l ) Before the Senate or the National Assembly considers a report of the Parliamentary Legal Committee that a provision 01" a statutory instrument contravenes this Constitution or its enabling Act, the Committee may withdraw the report if the ( :01nmiUce is satisfied thal the provision ha.s been repealed or a.uendcd in such a wav as to remove the contravention.
    • If, after considering a report of the Parliarnentary Legal Cominittee that a provision of a statutory instrument contravenes this Constitution, the Senate or the

144

National AssenÄbly resolves that the provision does contravene this Constitution, the Clerk of Parliajnent must repoll the resolution to the authority which enacted the instrurnent, and that authori ty must, u ithin fiventy-one days after being so notified, either—

(a) apply to the Constitutional Court for a declaration that the statutory instillment is in accordance with this Constitution; or (b) repeal the statutory instrument.

  • Where an authority responsible for enacting a statutory instrument applies to the Constitutional Court for a declaration in tenns of subparagraph the statutory instrument is suspended pending the Cour-t's decision.
  • If, after considering a report of the Parliamentary Legal {hat a provision of a statutory instillinent is ultra vires the enabling Act of Parliament, the Senate or the National Assernbly resolves that the provision is ultra vires— (a) the provision thereupon ceases to have effect; and

(b) the Clerk of Parliament must publish a notice in the Gazette without delay, giving public notice of the resolution and of its effect-

SIXTH SCHEDULE (Sections 329 and 332)

COMMENCEMENT OF THIS CONST!TI            , TRANSITIONAL PROVISIONS ANT) S WINGS

ARRANGEMENT OF PARAGRAPHS

PART I

PRELIMINARY

Paragraph

l . Conunencement of this Constitution. Repeal of former Constitution.

PART 2

COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMFR CONSTITI

  1. Conunencement of this Constitution.
  2. Repeal of former Constitution.

PART 3

FIRST El .F€Tf0N.s

  1. Saving of existing provincia{ and electoral boundaries.
  2. Registration of voters.
  3. Challenges to first presidential election.
  4. Electoral I-.aw.

145

 

PART 4

S WINGS ANT) TRANSITIONAL PROVISIONS

Paragraph

  1. Govemment successiom
  2. Continuation of existing

Intemretation ol' existing enactments.

  1. Standing Orders of Parliament.
  2. Existing officers.
  3. Special provision ['or election and tenure of first President and appointment ol'

Vice Presidents.

  1. Continuation of certain Executive offices.
  2. Public Protector.
  3. Transfer of funds in old Consolidated Revenue Fund.

1 8. Courts and legal proceedings.

  1. Provisions relating to Prosecutor-General.
  2. Rights to pension benefits.

PART I

PRF]         NRY

Interpretation in Si.vth Schedule

l . In this Schedule, unless inconsistent with the context—

"effective date' • Ineans the day on which this Constitution comes wholly into operation in terms of paragraph .3(2);

  • existing enactment" means a written law that was 'in force in Zinlbabwe immediately before the effective date, whether as an Act of Parlianment or a statutory instrulnent•,

"existing law" means an existing enactment or any other law'. whatever its

date;

'first elections" nmeans—

  • the first election for the ollicc ol' President under this Constitlltion•
  • the first gcncral election of N letnbers of Parliaruent under this Constitution; and
  • the first elections ol' govclming bodies of provincial and tne[ropolitan councils and local authorities; held after the publication day,

' •former Constitution" means the Constitution of Zimbabwe that came into operation on [he 18th April, 198(), as subsequently amended;

"publication day" means the day on which this Constitution, or the statute by which it is enacted. is published in the Gazerre in accordance with section 5 1 (5) of [he IOrmer Constitution-

E//?ct Sixth Schedule

  1. This Schedule prevails, to [he extent of any inconsistency, over all other provisions of this Constil[ltion.

PART 2

COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMER CONSTITUTION

Conunencenent of this Constitution

  1. ( l ) This Schedule, together with
    • Chapter 3, relating to citizenship;
    • Chapter 4. being the Declaration of Rights;
    • Chapter 5, relating to the election and assumption of office of the President;
    • Chapter 6, relating to the election of Members ol' Parlimnent and the stilnnooning of' Parliament after a general election and to the assent to Acts of Parliament by the President:

Chapter 7, relating to elections, except Sections 158, 160 and 161 ;  Chapter 8. relating to the jurisdiction and powers of the Constitutional Court :

(g) Chapter 9. relating to principles of public administration and leadership: (h) section 2()8, relating to [he conduct of Inembers of the security services: (i) Chapter 12. in so far as it relates to the Zimbabwe Electoral Conunission•, and

Chapter 14, relating 10 provincial and local government; collie into operation on the publication day.

  • Except as otherwise provided in this Schedule. the rest of' this Constitution cornes into operation on the day on which the President elected in the first elections ass Illncs office.
  • Between the publication day and the effective date, the provisions of this Constitution specified in subparagraphs (a) to (j) of subparagraph ( l ) ovclTidc the equivalent provisions of the forrner Constitution.

Repeal Q/]brtner Constitution

  1. Subject to this Schedule, the former Constitution is repealed with effect iron) the efTective date.

PART 3

FIRST ELECTIONS

Saving of existing provincial and electoral boundaries

  1. The boundaries of provinces, constituencies and wards as they were inonjediate[y bclOrc (he publication day apply for lhc purposes of the first elections.

Registration of voters

  1. ( l ) Any person who was lawfully registered as a voter on a voters' roll inmmediately belOre the publication day is entitled to remain so reeistered IOr the purposes of (he first elections.
    • For thc purposes ol' the first elections, the Registrar(icnerai of Voters is responsible. under the supervision of the Zinnbabwe Electoral (or re o istering voters and conwiling voters' rolls.
    • The Registrar-General ol' Voters, under the supervision of the Zimbabwe Electoral Commission. noust conduct a special and intensive voter registration and a voters • roll inspection exercise [or at least thirty days after [he publication day.

147

Challenges 10 first presidential election

  1. -Any challenge to the validity of the first presidential election Illust be heard and deteri)lined in accordance with section 93 of this Constitution.

Electoral

  1. "l'he first elections must be conducted in tenns of an Electoral I in confortlliß with this Constitution.

PART 4

SAVINGS ANT) TRANSITIONAL

Governtnent succession

  1. The Government constituted under this Constitution is in all respects the successor to the former Govemment of Zinmbabwe.

Continuation Q/ existing laws

  1. Subject to this Schedule. all existing laws continue in force but IDLIst be construed in conforrnity with this Constitution.

Interpretation of e.visting enact;nents

I I . ( l ) Unless inconsistent with the context. a reference in any existing enactment to

  • the President n)ust be construed as a reference to the President acting in accordance with this Constitution;
  • Parliarnent must be construed as a reference to—
  • the Senate, where the reference relates to a function that is to be exercised by the Senate alone under this Constitution;
  • the National Assernbly, where the reference relates to any function other than one referred to in subparagraph (i) or the enactment of legislation;
  • the House of Assenfrly must be construed as a reference to the National Assen)bly;
  • the Public Service must be construed as a reference to the Civil Service;
  • the Public Service Cominission must be construed as a reference to the Civil Service Con)mission;
  • the Prison Service must be consimed as a reference to the Prisons and Correctional Service;
  • the Prison Service Conunission must be construed as a reference to the Ptisons and Correctional Service Commission:
  • the Conm)issioner of Prisons lnu,st be consuued as a reference to the Commissioner- General ol' the Prisons and Correctional Service;
  • the Conmtroller and Auditor-General nnust be construed as a reference to the Auditor- General; the Attorney-General, in relation to criminal proceedings, must be construed as a reference to the Prosecutor-General.
  • Where this Constitution vests power in a particular person or authority to enact legislation on any and that matter is provided for in an existing enactnnent Inade by some other person or authority, the existing enactment has etTect as it' it had been made by the person or authority with the power 10 make it under this Constitution.

148

 

Standing Orders Q/ Parliament

  1. The Standing Orders that were in force immecliately before the effective date continue in force as standing orders of the Senate and the National Assen)bly until they are replaced or amended in accordance with this Constitution.

liristing officers

  1. Any person who, iminediately before the effective dale, held or acted a public office under the forrner Constitution continues to hold or act in that office, or the equivalent office under this Constitution, on the sallie conditions of service until the expiry of' his or her ternl of office under those conditions of or until he or she resigns, retires or is rcrnovcd frorn office in terrn.s of this Consti tution or those conditions of service, as the case may be.

Special pro v'ision ./br election and lenure offirst President and appoin tinenl of VicePresidents

  1. ( l ) Notwithstanding section 92, in the first election and any presidential election n•ithin ten ears after the first election, candidates for election as President do not nonlinate persons in terms of that section to sland (or election as Vice-Presidents.
    • Without delay the person elected as President in any election referred to in subparagraph ( l) tnust appoint not than Vice-Presidents, ho hold office at his or her pleasure,
    • Where —
    • one Vice-President is appointed in terms of subparagraph (2), that person is the first Vice-President for the purposes of this Constitution
    • two Vice-Presidents are appointed in terms of subparagraph (2), the President Inay from time to time norninate one of then) to act as President whenever he or she is absent from Zilnbabwe or is unable exercise his or her official functions through illness or any other cause.

(4) Notwithstanding section 101 but subject to subparagraphs (5) and (6), if the person elected President in any election referred to in subparagraph ( l ) dies, resigns or is rcrnoved from office

  • the Vice-President or, where there are two Vice-Presidents, the VicePresident who was last nominated to act in tenns of subparagraph (3) (b), acts as President until a new President assurnes office in terrns 01 subparagraph (5); and
  • the vacancy in the office or President Illus( be filled by a nonmince of the political party which the President represented when he or she stood for election.
  • A political party which is entitled to nonminate a person in terms of subparagraph must notify [he Speaker of the nominee's naine within ninety days after the vacancy occulTed in the office of President, and thereupon the nonlinee asstllnes office as President after laking the oath of President in ternl.s of section 94, "'hicll oath the nominee liltrst take within folly-eight hours after the Speaker was notified of his or her name.
  • In the event of the death, rcsi gnation or rclnoval fronl office of a person who is elected President in an election referred to in subparagraph ( l ) and who did not represent a political party w'hen he or she stood for election. the Vice-Plesident or, if [here are two Vice-Presidents, the Vice-President who wa.s last norninated to act in tcl'llls ol' subparagraph (3)(b), asstllncs office as President.

CONS' Cf'C'TlO.N     ZIMBABWE A MENDMENI'            20)

C'ontinuation of certain Executive ol)fices

IS Notwithstanding any provision of the fornier Constitution, the following offices which existed on publication day in terms of Schedule 8 to the fotmer Constitutiom najnely —

  • President and Vice-President:
  • Prin)e Minister and Deputy Prime Minister; and
  • Minister and Deputy Mi.nister; continue in existence until the effective date when the first President assumes office under this Constitution, and the persons ivho held those offices remain in thcrn accordingly.

Public Protector

  1. (l) The Public Protector Act [Chapter is repealed.

(2) Any matter that was being dealt with by the Public Protector innnediately before the effective date must be transfe1Ted to the Zimbabwe Human Rights Cony niission for finalisation.

Transfer Q/ /imds in old Consolidated Revenue Fund

  1. The funds which, ilnmediately before the effective date, stood to the credit of the Consolidated Revenue Fund established by the former Constitution become the Consoli(lated Revenue Fund established by this Constitution.

Courts and legal proceedings

  1. (l ) In this paragraph

'pending constitutional case" Ineans

  • an appeal, application or reference in which an alleged contravention of the Declaration of Rights contained in the former Constitution is in issue; or
  • any case in which a constitutionai Inatter, as defined in section 332 of this Constitution, is in issue; and which, inunediately before the publication date, is pending before the Supreme Court of Zimbabwe constituted under the fonner Constitution.

(2) Notwithstanding section 166. for seven years after the publication date, the Constitutional Court consists of—

(a) the Chief Justice and the Deputy Chief justice: and (b) seven other judges ol' the Supreme Court; who sit together as a bench to hear any constitutional case.

  • A vacancy on the Constitutional Court occurring in the first seven years after the publication (latc tnust be filled by another judge or an additional or acting judge, as the case may be. of the Supreme Court.
  • (_Jntil difTerent provision is made by or under an Act of Parliament-

the procedure of the Constitutionai Court:

(b) the rules of the Supreme Court apply. with any necessary changes, to the procedure ol' the Constitutional Court in relation to any Inalter that is not provided for in rules made in ternms of subparagraph (a):

but any such rules, in so as the_y apply to the procedure ol' the Constitutional COLIN, lnus•t be consistent with section RS and Chapter 8.

  • The Supreme Court of Zinffabwe. the High Court of Zin)babwe. the Labour Court and the Administrative Court, as established ilnmediately before the effective date, are constituted respectively as the Supreme Court, the High COLIrt, the Labour Coon and the Administrative Court under this Constitution, and any decision of those courts given before the effective date has effect accordingly.
  • Every person who, ill)lnediately before the effective date, presided over the Labour Court or the Administrative Court becomes a judge of the Labour Court or the Administrative COLIN, as the case may be, on the sarne conditions of service as apply on that date to judges ot- the High Court, his or her length ol' service as a President of the Labour Coun or the Adnninistrative Court being deemed to be service as a judge of the High COUtt-
  • The magistrates C011ttS', traditional courts and any other courts that were established by an Act of Parliament before the publication day continue in existence on and after that day as if they had been established by an Act referred to in section 1 74, and the decisions of those courts given before the publication day have efiéct accordingly.
  • Any pending constitutional case
  • ill which the argurnent fron) the parties has not been heard before the publication date must be transferred to the Constitutional Court constituted in terms of subparagraph (2);
  • in which the argument from the parties has been heard by the publication date must be completed by the Suprenoe Court unless all the part ies to the case agree to it being referred to the Constitutional Court constituted in terms ol' subparagraph (2), in which event the Suprenr Coun must refer the case to that Court.
  • All cases, other than pending constitutional cases. that were pending before any court before the effective date rnay be continued before that court or the equivalent court established by this Constitution, as the case may be, as if this Constitution had been in force when the cases were cornmenced, but —
  • the procedure to be followed in those cases Inust be the procedure that was applicable to then) in•anediately before the effective date: and
  • the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of Chapter 4 of this Constitution.

( 10) For the pumoses of subparagraph (9)

(a) a crilninal case is deelned to have conunenced when the accused person pleaded to the charge;

(h) a civil case is deemed to have con)lnenced when the sunnnnons was issued or the application was filed, as the casc .nay be.

Provisions re/aling 10 Prosecutor-Gencra/

  1. ( I ) Any decision made or action taken before the effective date by or on behalf of the Attorney-General in relation to crilninai proceedings is deennecl. on and after that day. to have been Inade or taken by or on behalf of the Prosecutor-General.

(2) 'l'he person who held office as Att01ncy-Gcncral inuncdiately before the date continues in office as Prosecutor-General on and arter that day,

Rights 10 pension benefits

2(). A vcstcd or contingent right ill regard to a pension benefit which existed inomedia!eiy before the effective date and was protected bv the iOrnoer Constitution continues to exist and enjoy the same protection under this Constitution.

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