Supremacy of Constitution. 3. Founding values and principles. 4. National Flag, National Anthem, Public Seal and Coat of Arms. 5. Tiers of government. 6. This Act may be cited as the Constitution of Zimbabwe Amendment (No) Act, “existing Constitution" means the Constitution of Zimbabwe that came into. The Final Draft of the Constitution of Zimbabwe. Download PDF. The Parliamentary Select Committee (COPAC) produced its final draft Constitution for the.
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Kariba Draft Constitution. BILL. To provide for a new Constitution for Zimbabwe and to provide for related matters. PREAMBLE. Acknowledging the supremacy of . driving the process of producing a new constitution for Zimbabwe. The Draft Constitution was produced with the assistance of the following. AND ZIMBABWE'S DRAFT CONSTITUTION. Derek Matyszak, Rau, Harare. February PART 1. Introduction. There are two basic and contrary models for.
Fundamental Human Rights and Freedoms[ edit ] Part I Preliminary Duty to respect fundamental human rights[ edit ] All persons, including juristic persons and all organs and agencies of the State and Government, including local government, must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter. This Chapter binds human beings and juristic persons to the extent that it is applicable to them, taking into account the right or freedom concerned and any duty imposed by it.
Human beings and juristic persons are entitled to the rights and freedoms set out in this Chapter to the extent that those rights and freedoms can appropriately be extended to them.
When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.
Chapter III does not preclude existence of other rights This Chapter does not preclude the existence of other rights or freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Chapter. Part II Individual Human Rights and Freedoms[ edit ] Right to life Every human being has the right to life and may not be deprived of it intentionally. No one may be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Freedom from slavery and forced labour No one may be held in slavery or servitude or be made to perform forced or compulsory labour. Freedom from torture and inhuman or degrading treatment No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment. For the sake of clarity, cruel, inhuman or degrading treatment includes gender-based violence.
Right to dignity and reputation Everyone has inherent dignity and the right to have their dignity and reputation respected and protected. Anyone who is injured by an inaccurate or offensive statement or idea disseminated to the general public by a newspaper, journal, broadcast or other medium of communication has a right to reply or to have a correction published, using the same medium of communication.
A law must establish the way in which the right of reply or to correction is to be exercised. Freedom from discrimination Everyone has a right not to be treated in an unfairly discriminatory manner on such grounds as their race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political or other opinion, culture, sex, gender, marital status, age, disability or natural difference or condition.
Discrimination on one or more of the grounds listed in subsection 1 is unfair unless it is established that the discrimination is fair, reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
Any law which, in itself or in its effect, discriminates unfairly between people on one or more of the grounds listed in subsection 1 is void. To promote the achievement of equality, legislative and other measures may be taken by way of affirmative action to protect or advance people or classes of people who have been disadvantaged by unfair discrimination. Freedom of conscience Everyone has the right to freedom of conscience, which includes— a freedom of thought, opinion, religion or belief; b freedom to change their thought, opinion, religion or belief; and c freedom 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 one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief. Religious observances may be conducted and religious instruction may be given at public institutions, including State or State-aided institutions, if— a the observances follow reasonable rules made by the appropriate public authorities; and b the observances are conducted on an equitable basis and with due regard to the rights and sensibilities of others.
Any religious community may ensure that religious instruction is given in educational courses or institutions provided by the community, even if the community receives a subsidy or other financial assistance from the State. Freedom of speech and expression Everyone has the right to freedom of speech and expression, which includes— a freedom to hold opinions; b freedom to seek, receive and communicate ideas and information regardless of frontiers; c freedom of the press and other media of communication; d freedom of artistic creativity; and e freedom from interference with correspondence or other forms of communication, including electronic and telephonic communication.
In the exercise of his or her powers regarding criminal prosecutions, the Attorney-General is not subject to the direction or control of anyone else, and he or she must be guided by the public interest, the interests of the administration of justice and the need to prevent abuse of legal process.
An Act of Parliament may provide for the appointment, functions and conditions of service of persons to assist the Attorney-General in the exercise of his or her functions and responsibilities. An Act of Parliament must provide for the organisation, administration and discipline of the Public Service, including the appointment of persons to posts or grades in the service, their removal from office or reduction in grade, their punishment for misconduct and the fixing of their conditions of service.
The Public Service Commission has the functions that are conferred or imposed on it by this Constitution or an Act of Parliament, and these functions may include. The Defence Forces of Zimbabwe consist of an army, an air force and any other branches that may be established under an Act of Parliament. The primary function of the Defence Forces is to defend and protect Zimbabwe, its people, its Constitution, its national security and interests and its territorial integrity.
An Act of Parliament must provide for the organisation, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service. An Act of Parliament must provide for the organisation, administration and discipline of the Police Service, including the appointment of persons to offices or ranks in the Police Service, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
An Act of Parliament must provide for the organisation, administration and discipline of the Prison Service, including the appointment of persons to offices or ranks in the Prison Service, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
A person is not qualified for appointment to the Independent Electoral Commission if he or she is a public officer, other than a judge, or a member or employee of a statutory body, a provincial council or a local authority.
Members of the Independent Electoral Commission are entitled to such remuneration, allowances and other benefits as may be fixed by or under an Act of Parliament. A member of the Commission may be removed from office by the President with the approval of the Senate—.
The State must make adequate and suitable provision, through legislation and other appropriate means, to ensure that. In addition to any other report the Independent Electoral Commission is required to make under this Constitution or any other law, the Commission must without delay submit a report to Parliament on.
The Public Protector's remuneration and other conditions of service must be provided for in an Act of Parliament. An Act of Parliament may provide for the appointment, functions and conditions of service of persons to assist the Public Protector in the exercise of his or her functions and responsibilities. All fees, taxes and revenues of Zimbabwe, whatever their source, must be paid into a single Consolidated Revenue Fund unless an Act of Parliament. If it is found that more money has been expended on a purpose than was appropriated to it under 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 without delay introduce a Bill into the National Assembly condoning the unauthorised expenditure.
The President, in accordance with an Act of Parliament, must recognise and formally appoint Chiefs selected in accordance with the laws, customs, traditions and practices of their communities.
Every Commission must submit a report to the Senate and the National Assembly, not later than the 30th June in any year, on the Commission's operations and activities during the previous year. A law or rule that alters the age at which a person holding public office must retire or vacate the office does not apply to anyone who held that office before the law or rule took effect, unless he or she consents.
This Part applies to the interpretation of this Constitution unless the context otherwise requires.
In this Constitution, words in the singular include the plural and words in the plural include the singular. Tables of contents and headings to Chapters, Parts, sections and other provisions of this Constitution do not form part of the Constitution and are inserted for ease of reference only.
For the purposes of this Constitution, a person is not regarded as having attained a given age until the commencement of the relevant anniversary of the day on which that person was born. Whenever this Constitution refers to the holder of an office by a term designating the office, the reference includes a reference to anyone who is lawfully acting in or exercising the functions of that office.
For the purposes of this Constitution, a person is not to be regarded as holding public office solely on the ground that he or she receives a pension, half-pay, retired pay or some other similar allowance in respect of previous service in a public office. The Interpretation Act currently in force in Zimbabwe, and any other law that governs the interpretation of statutory instruments generally, applies to the interpretation of any statutory instrument made under this Constitution and to the interpretation of the extent of the power to make such a statutory instrument.
In the event of an inconsistency between different texts of this Constitution, the English text prevails.
Every appointment of a member to a statutory body is subject to approval by the Senate, unless the Act of Parliament under which the appointment is made specifically provides that the Senate's approval is not required. The Fifth Schedule applies to transitional provisions to enable this Constitution to have effect on and after the appointed day. This oath or affirmation is to be taken before the Chief Justice or, in his absence, before the next most senior judge available.
Consequently, as a result of the announcement of the Election day as 30 July , any amendments to the Electoral Act that happen after the proclamation do not apply to the elections, but other future elections. Mnangagwa confirmed that elections will take place as scheduled, by August , but did not address the issue of meaningful security sector, The Office of the President and Cabinet OPC is the lead Office in the Government of Zimbabwe.
Although section 1 h of the Constitution of Zimbabwe requires all tiers of government including ZEC to foster transparency by providing the public with timely, accessible and accurate information, this is not reflected in the Electoral Act and ZEC has not been transparent about many issues.
According to Susan Booysen and Lucien Toulou , : In the past, Zimbabwe was always referred to as one of the very few countries in Southern Africa that still used a multiplicity of institutions to oversee the electoral process. Coming to official languages, sign language has been captured as one of the official languages of Zimbabwe.
Like a national election, all participants need to know the rules of the game, The Constitution provided that all international conventions to which Zimbabwe was party were incorporated into domestic law.
The Lancaster House Constitution of December became Zimbabwe's constitution when the country became independent from Britain in Despite this clear position, government has been reluctant to institute meaningful changes to deal with inconsistencies, which currently exist in laws, which affect the media environment in Zimbabwe.
Needs More Information. Constitution Amendment No. Constitutional Court of Zimbabwe. This site is like a library, Use search box in the widget to get ebook that you want. Zimbabwe's latest constitution was voted for in and approved in a referendum of 16 March During the military takeover, the army arrested and detained a number of Mugabe's associates without providing information about the arrest, or places and conditions of detention.
The independence constitution of was the result of the Lancaster House Agreement and is sometimes called the Lancaster Constitution. It is a Westminster-type document designed to promote multi-party democracy. Constitution of Zimbabwe Amendment No. The Constitution of Zimbabwe reinforced the administrative and financial autonomy of local governments, but the fiscal space has not kept pace with service delivery needs.
In more detail, the Bill provides as follows: Part 1: Preliminary This Part deals with preliminary matters. Before the current constitution, Zimbabwe used the a constitution negotiated at the Lancaster House Agreement as Zimbabwe became independent of the United Kingdom after This Act may be cited as the Constitution of Zimbabwe Amendment No.
It has the power to make the final decision on the constitutionality of an act of Parliament. All articles are verified before publishing to ensure high quality and trustworthy content. Overall, it establishes a unitary state; recognizes socio-economic rights; calls for parity between men and women in political participation; limits the presidential term of office to two five-year mandates and establishes a constitutional court.
May 27, by Zimbabwean Progressive in Overally, this proposed draft constitution is better than the current constitution of Zimbabwe. The opposition will therefore be at a disadvantage again. According to Section 93 1 of the constitution policing can be seen as a means in the protection of human rights especially civil and political rights and by its contribution to the maintenance of social order.
Of significance is Preamble.