A new Constitution of Zimbabwe was passed by the Parliament of Zimbabwe on the 15th of May 2013 and assented to by His Excellency The President on the 22nd of May 2013.
Adopted on: 21 Dec 1979
Constitution of Zimbabwe-1979
Chapter I The Republic and the Constitution
Section 1 The Republic
Zimbabwe is a sovereign republic and is known as “the Republic of Zimbabwe”.
Section 2 Public seal
There is a public seal of Zimbabwe, showing the coat of arms of Zimbabwe with the inscription “Republic of Zimbabwe”, which is kept by the President.
Section 3 Supreme law
This Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law is, to the extent of the inconsistency, void.
Chapter II Citizenship
Section 4 Citizens of Zimbabwe on Independence
A person who, immediately before the appointed day, was or was deemed to be a citizen by birth, descent or registration is, on and after that day, be a citizen of Zimbabwe by birth, descent or registration, as the case may be.
Section 5 Citizenship by birth
(1) A person born in Zimbabwe on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, is a citizen of Zimbabwe by birth, unless
(a) at the time of his birth, his father
(i) possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and
(ii) is not a citizen of Zimbabwe; or
(b) at the time of his birth
(i) his father is an enemy alien; and
(ii) his mother is interned in a place set aside for the internment of enemy aliens or the birth occurs in a place then under occupation by the enemy; or
(c) at the time of his birth, his father or, in the case of a child born out of wedlock, his mother is residing in Zimbabwe in contravention of the provisions of any law:
Provided that, if subsequent to his birth his father or mother, as the case may be, is accepted for permanent residence in Zimbabwe under any law in force in Zimbabwe, he is a citizen of Zimbabwe by birth; or
(d) at the time of his birth, his father or, in the case of a child born out of wedlock, his mother is
(i) not a citizen of Zimbabwe; and
(ii) not ordinarily resident in Zimbabwe.
(2) A person born outside Zimbabwe on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, is a citizen of Zimbabwe by birth if
(a) his father or, in the case of a child born out of wedlock, his mother is at the time of his birth
(i) a citizen of Zimbabwe and resident outside Zimbabwe by reason of the service of his father or his mother, as the case may be, under the Government; or
(ii) lawfully ordinarily resident in Zimbabwe;
and
(b) his birth is registered in accordance with the law relating to the registration of births.
(3) A person born in Zimbabwe on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, is a citizen of Zimbabwe by birth if at the time of his birth his father or his mother is a citizen of Zimbabwe.
(4) A person born outside Zimbabwe on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, is a citizen of Zimbabwe by birth if
(a) at the time of his birth his mother or his father is a citizen of Zimbabwe and lawfully ordinarily resident in Zimbabwe or resident outside Zimbabwe by reason of his or her service under the Government; and
(b) his birth is registered in accordance with the law relating to the registration of births.
Section 6 Citizenship by descent
Save as is otherwise provided by section 5(2) or (4), a person born outside Zimbabwe on or after the appointed day is a citizen of Zimbabwe by descent if
(a) his father or his mother is at the time of his birth a citizen of Zimbabwe otherwise than by descent; and
(b) his birth is registered in accordance with the law relating to the registration of births.
Section 7 Citizenship by registration
(1) […]
(2) Any woman who
(a) is, on the appointed day, married to a person who
(i) is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or
(ii) after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, becomes a citizen of Zimbabwe while the marriage still subsists;
or
(b) prior to the appointed day, was married to a person who
(i) is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or
(ii) having died before the appointed day, would, but for his death, have been a citizen of Zimbabwe by virtue of the provisions of section 4;
or
(c) on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, marries a person who is a citizen of Zimbabwe or who becomes a citizen of Zimbabwe while the marriage still subsists;
is entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe.
(3) Any person, one of whose parents is a citizen of Zimbabwe at the date of his application, is entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe:
Provided that, if the person is not of full age and capacity, the application is made on his behalf by his responsible parent or by his guardian or other lawful representative.
(4) A person adopted on or after the appointed day by order made under the law relating to the adoption of children who was not, at the date of the order, a citizen of Zimbabwe iscome a citizen of Zimbabwe on the date of the order if the adopter or, in the case of a joint adoption, the male adopter was, at the date of the order, a citizen of Zimbabwe, and such adopted person is regarded as a citizen of Zimbabwe by registration.
(5) The registration as a citizen of Zimbabwe of a person referred to in subsection (2) or (3) who is of full age may not be effected unless and until the person has taken and subscribed the oath of loyalty in the form set out in Schedule 1, and such person is registered and become a citizen of Zimbabwe by registration on the date he takes and subscribes the oath of loyalty.
(6) […]
(7) In subsection (3), “responsible parent”, in relation to a child, means
(a) if the father is dead or the mother has been given custody of the child by order of a court or has custody of the child by virtue of the provisions of a law relating to the guardianship of children or the child is born out of wedlock, the mother of the child;
(b) in any other case, the father of the child.
(8) For the purposes of this section, a person is regarded as
(a) of full age if he has attained the age of majority or if, being under that age, he is or has been married; and
(b) of full capacity if he is not of unsound mind.
Section 8 Dual citizenship
[…]
Section 9 Powers of Parliament in relation to citizenship
Notwithstanding the provisions of this Chapter, an Act of Parliament may make provision in respect of citizenship and, without prejudice to the generality of the foregoing, may provide for
(a) the acquisition of citizenship of Zimbabwe by persons who are not eligible or who are no longer eligible to become citizens of Zimbabwe under this Chapter;
(b) the circumstances in which a person may cease to be a citizen of Zimbabwe;
(c) the deprivation of any person of his citizenship of Zimbabwe;
(d) the renunciation by any person of his citizenship of Zimbabwe:
Provided that no such law is provide for the cessation by, or deprivation of, any person of his citizenship of Zimbabwe where such person is a citizen thereof by birth except on the grounds that he is or has become a citizen of some other country.
Section 10 Interpretation
(1) In this Chapter, “child” means a legitimate child and “father” is construed accordingly.
(2) For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, is deemed to have been born in the place at which the ship or aircraft was registered or, as the case may be, in that country.
(3) For the purposes of this Chapter, a person is regarded as
(a) born out of wedlock if
(i) his parents were not married to each other at the time of his conception or birth and have not subsequently married each other; and
(ii) he has not been adopted by order made under any law relating to the adoption of children in terms of which his status becomes that of a lawful child of the person adopting him;
(b) born in wedlock if
(i) his parents were married to each other at the time of his conception or birth, or have subsequently married each other; or
(ii) his parents were not married to each other or have not married each other as provided in subparagraph (i), but he has been adopted by order made under any law relating to the adoption of children in terms of which his status becomes that of a lawful child of the person adopting him;
and, for the purpose of determining whether or not such a person’s parents were or have been married to each other, a putative or voidable marriage is regarded as a valid marriage.
Chapter III The Declaration of Rights
Section 11 Preamble
Whereas persons in Zimbabwe are entitled, subject to the provisions of this Constitution, to the fundamental rights and freedoms of the individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter is have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons.
Section 12 Protection of right to life
(1) No person is deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.
(2) A person may not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of the case
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny or of dispersing an unlawful gathering; or
(d) in order to prevent the commission by that person of a criminal offence;
or if he dies as the result of a lawful act of war.
(3) It is sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force immediately before the appointed day.
Section 13 Protection of right to personal liberty
(1) No person is deprived of his personal liberty save as may be authorized by law in any of the cases specified in subsection (2).
(2) The cases referred to in subsection (1) are where a person is deprived of his personal liberty as may be authorized by law
(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in Zimbabwe or elsewhere, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the order of the Senate or the House of Assembly punishing him for a contempt;
(c) in execution of the order of a court made in order to secure the fulfilment of an obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court or before the Senate or the House of Assembly in execution of the order of the Senate or the House of Assembly;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
(f) in execution of the order of a court or with the consent of his parent or guardian, for the purposes of his education or welfare during a period beginning before he attains the age of twenty-one years and ending not later than the date when he attains the age of twenty-three years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) if he is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care, treatment or rehabilitation or the protection of the community; or
(i) for the purpose of preventing his unlawful entry into Zimbabwe or for the purpose of effecting his expulsion, extradition or other lawful removal from Zimbabwe or the taking of proceedings relating thereto.
(3) Any person who is arrested or detained is informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and is permitted at his own expense to obtain and instruct without delay a legal representative of his own choice and hold communication with him.
(4) Any person who is arrested or detained
(a) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
and who is not released, is brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he is released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(5) Any person who is unlawfully arrested or detained by any other person is entitled to compensation therefor from that other person or from any person or authority on whose behalf or in the course of whose employment that other person was acting:
Provided that
(a) any judicial officer acting in his judicial capacity reasonably and in good faith; or
(b) any other public officer, or person assisting such public officer, acting reasonably and in good faith and without culpable ignorance or negligence;
may be protected by law from liability for such compensation.
Section 14 Protection from slavery and forced labour
(1) No person is held in slavery or servitude or required to perform forced labour.
(2) For the purposes of subsection (1), “forced labour” does not include
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court
(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or
(ii) is reasonably required for the purposes referred to in section 13(2)(f) or (h);
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of a written law in place of service as a member of such force;
(d) any labour required by way of parental discipline; or
(e) any labour required by virtue of a written law during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of dealing with that situation.
Section 15 Protection from inhuman treatment
(1) No person is subjected to torture or to inhuman or degrading punishment or other such treatment.
(2) No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has been lawfully detained is held to be in contravention of subsection (1) on the ground that it is degrading.
(3) No moderate corporal punishment inflicted
(a) in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco parentis or in whom are vested any of the powers of his parent or guardian; or
(b) in execution of the judgment or order of a court, upon a male person under the age of eighteen years as a penalty for breach of any law;
is held to be in contravention of subsection (1) on the ground that it is inhuman or degrading.
(4) The execution of a person who has been sentenced to death by a competent court in respect of a criminal offence of which he has been convicted may not be held to be in contravention of subsection (1) solely on the ground that the execution is carried out in the manner prescribed in section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59] as that section existed on the 1st October, 1990.
(5) Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been convicted, may not be held to be a contravention of subsection (1).
(6) A person upon whom any sentence has been imposed by a competent court, whether before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 13) Act, 1993, in respect of a criminal offence of which he has been convicted, may not be entitled to a stay, alteration or remission of sentence on the ground that, since the sentence was imposed, there has been a contravention of subsection (1).
Section 16 Protection from deprivation of property
(1) Subject to section sixteen A, no property of any description or interest or right therein is compulsorily acquired except under the authority of a law that
(a) requires
(i) in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilization of that or any other land
A. for settlement for agricultural or other purposes; or
B. for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources; or
C. for the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph A or B;
or
(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public;
and
(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and
(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and
(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and
(e) enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
(f) enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court:
Provided that the law need not make such provision where
(i) the property concerned is land or any interest or right therein; and
(ii) the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilization of wild life or other natural resources; and
(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
(2) […]
(2a) […]
(3) Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such a right is regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
(4) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question authorizes the taking of possession of property compulsorily during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to such emergency or disaster and makes provision that
(a) requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;
(b) enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
(c) requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a determination of its entitlement to take possession;
(d) requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation;
(e) requires
(i) when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the property in the condition in which it was at the time of the taking of possession; and
(ii) the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to return the property in accordance with subparagraph (i) or for any damage to the property;
and
(f) enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and for the determination of any question relating to compensation, and to appeal to the Supreme Court.
(5) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question imposes or authorizes the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 6, on the remittability of any commutation of a pension.
(6) […]
(7) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases
(a) in satisfaction of any tax or rate;
(b) by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in consequence of a breach of the law or in pursuance of any order referred to in section 13(2)(b);
(c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
(d) as an incident of a contract, including a lease or mortgage, which has been agreed between the parties to the contract, or of a title deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;
(e) in execution of the judgment or order of a court in proceedings for the determination of civil rights or obligations;
(f) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
(g) in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
(h) as a condition in connection with the granting of permission for the utilization of that or other property in any particular manner;
(i) by way of the taking of a sample for the purposes of a law;
(j) where the property consists of an animal, upon its being found trespassing or straying;
(k) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
(l) in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of
(i) work for the purpose of the conservation of natural resources of any description; or
(ii) agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;
(m) in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;
(n) for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(8) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases
(a) for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
(b) by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organization which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
(c) by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
(d) as an incident of
(i) a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
(ii) a deed of assignment entered into by a debtor with his creditors;
(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class thereof.
(9) Nothing in this section is affect the making or operation of any law in so far as it provides for
(a) the orderly marketing of any agricultural produce or mineral or any Section or thing prepared for market or manufactured therefor in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or
(b) the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.
(9a) Nothing in this section is affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person.
(9b) Nothing in this section is affect or derogate from
(a) any obligation assumed by the State; or
(b) any right or interest conferred upon any person;
in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organizations.
(10) In this section
“acquiring authority” means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein;
“agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;
“land” includes anything permanently attached to or growing on land;
“pensions benefits” means any pension, annuity, gratuity or other like allowance
(a) which is payable from the Consolidated Revenue Fund to any person;
(b) for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;
(c) for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or
(d) for any person upon his retirement on account of age or ill-health or other termination of service;
“piece of land” means a piece of land registered as a separate entity in the Deeds Registry.
Section 16A Agricultural land acquired for resettlement
(1) In regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of land reform, the following factors are regarded as of ultimate and overriding importance
(a) under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation;
(b) the people consequently took up arms in order to regain their land and political sovereignty, and this ultimately resulted in the Independence of Zimbabwe in 1980;
(c) the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land;
and accordingly
(i) the former colonial power has an obligation to pay compensation for agricultural land compulsorily acquired for resettlement, through an adequate fund established for the purpose; and
(ii) if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement.
(2) In view of the overriding considerations set out in subsection (1), where agricultural land is acquired compulsorily for the resettlement of people in accordance with a programme of land reform, the following factors are taken into account in the assessment of any compensation that may be payable —
(a) the history of the ownership, use and occupation of the land;
(b) the price paid for the land when it was last acquired;
(c) the cost or value of improvements on the land;
(d) the current use to which the land and any improvements on it are being put;
(e) any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and any improvements on it;
(f) the resources available to the acquiring authority in implementing the programme of land reform;
(g) any financial constraints that necessitate the payment of compensation in instalments over a period of time; and
(h) any other relevant factor that may be specified in an Act of Parliament.
Section 16B Agricultural land acquired for resettlement and other purposes
(1) In this section
“acquiring authority” means the Minister responsible for lands or any other Minister whom the President may appoint as an acquiring authority for the purposes of this section;
“appointed day” means the date of commencement of the Constitution of Zimbabwe Amendment (No. 17) Act, 2005.
(2) Notwithstanding anything contained in this Chapter
(a) all agricultural land
(i) that was identified on or before the 8th July, 2005, in the Gazette or the Gazette Extraordinary under the proviso to section 5(1) of the Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7, being agricultural land required for resettlement purposes; or
(ii) that is identified after the 8th July, 2005, but before the appointed day, in the Gazette or the Gazette Extraordinary under section 5(1) of the Land Acquisition Act [Chapter 20:10], being agricultural land required for resettlement purposes; or
(iii) that is identified in terms of this section by the acquiring authority after the appointed day in the Gazette or the Gazette Extraordinary for whatever purpose, including, but not limited to
A. settlement for agricultural or other purposes; or
B. the purposes of land reorganization, forestry, environmental conservation or the utilization or wild life or other natural resources; or
C. the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph A or B;
is acquired by and vested in the State with full title therein with effect from the appointed day or, in the case of land referred to in subparagraph (iii), with effect from the date it is identified in the manner specified in that paragraph; and
(b) no compensation is payable for land referred to paragraph (a) except for any improvements effected on such land before it was acquired.
(3) The provisions of any law referred to in section 16(1) regulating the compulsory acquisition of land that is in force on the appointed day, and the provisions of section 18(9), may not apply in relation to land referred to in subsection (2)(a) except for the purpose of determining any question related to the payment of compensation referred to in subsection (2)(b), that is to say, a person having any right or interest in the land
(a) may not apply to a court to challenge the acquisition of the land by the State, and no court is entertain any such challenge;
(b) may, in accordance with the provisions of any law referred to in section 16(1) regulating the compulsory acquisition of land that is in force on the appointed day, challenge the amount of compensation payable for any improvements effected on the land before it was acquired.
(4) As soon as practicable after the appointed day, or after the date when the land is identified in the manner specified in subsection (2)(a)(iii), as the case may be, the person responsible under any law providing for the registration of title over land is, without further notice, effect the necessary endorsements upon any title deed and entries in any register kept in terms of that law for the purpose of formally cancelling the title deed and registering in the State title over the land.
(5) Any inconsistency between anything contained in
(a) a noticed itemised in Schedule 7; or
(b) a notice relating to land referred to in subsection (2)(a)(ii) or (iii);
and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such notice, may not affect the operation of subsection (2)(a) or invalidate the vesting of title in the State in terms of that provision.
(6) An Act of Parliament may make it a criminal offence for any person, without lawful authority, to possess or occupy land referred to in this section or other State land.
(7) This section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that was acquired for resettlement purposes.
Section 17 Protection from arbitrary search or entry
(1) Except with his own consent or by way of parental discipline, no person is subjected to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question makes provision
(a) in the interests of defence, public safety, public order, public morality, public health or town and country planning;
(b) without derogation from the generality of the provisions of paragraph (a), for the enforcement of the law in circumstances where there are reasonable grounds for believing that the search or entry is necessary for the prevention, investigation or detection of a criminal offence, for the seizure of any property which is the subject-matter of a criminal offence or evidence relating to a criminal offence, for the lawful arrest of a person or for the enforcement of any tax or rate;
(c) for the purposes of a law which provides for the taking of possession or acquisition of any property or interest or right therein and which is not in contravention of section 16;
(d) for the purpose of protecting the rights and freedoms of other persons;
(e) that authorizes any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on those premises; or
(f) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) A law referred to in subsection (2) which makes provision for the search of the person of a woman is require that such search is, unless made by a medical practitioner, only be made by a woman and is conducted with strict regard to decency.
Section 18 Provisions to secure protection of law
(1) Subject to the provisions of this Constitution, every person is entitled to the protection of the law.
(2) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case is afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(3) Every person who is charged with a criminal offence
(a) is presumed to be innocent until he is proved or has pleaded guilty;
(b) is informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
(c) is given adequate time and facilities for the preparation of his defence;
(d) is permitted to defend himself in person or, save in proceedings before a local court, at his own expense by a legal representative of his own choice;
(e) is afforded facilities to examine in person or, save in proceedings before a local court, by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) is permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge;
and, except with his own consent, the trial may not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(4) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf is, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(5) No person is held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty is imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(6) No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or charge upon which a valid judgment could be entered and either convicted or acquitted is again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save
(a) where a conviction and sentence of the High Court or of a court subordinate to the High Court are set aside on appeal or review on the ground that evidence was admitted which should not have been admitted or that evidence was rejected which should have been admitted or on the ground of any other irregularity or defect in the procedure; or
(b) otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review proceedings relating to the conviction or acquittal.
(7) No person must be tried for a criminal offence if he shows that he has been pardoned for that offence.
(8) No person who is tried for a criminal offence is compelled to give evidence at the trial.
(9) Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations.
(10) Except in the case of a trial such as is referred to in subsection (14) or with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, is held in public.
(11) Nothing in subsection (10) is prevent
(a) the court or other adjudicating authority from excluding from the proceedings, except the announcement of its decision, persons other than the parties thereto and their legal representatives to such extent as the court or other authority
(i) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings; or
(ii) may by law be empowered or required so to do in the interests of defence, public safety, public order or the economic interests of the State;
or
(b) the court from excluding from proceedings preliminary to trial in respect of a criminal offence persons other than the accused person and his legal representative when so required by law, unless the accused person otherwise requests.
(12) Notwithstanding anything contained in subsection (4), (10) or (11), if in any proceedings before such court or other adjudicating authority as is referred to in subsection (2) or (9), including any proceedings by virtue of section 24, a certificate in writing is produced to the court or other authority signed by a Minister that it would not be in the public interest for any matter to be publicly disclosed, the court or other authority is make arrangements for evidence relating to that matter to be heard in camera and is take such other action as may be necessary or expedient to prevent the disclosure of that matter.
(13) Nothing contained in or done under the authority of any law is held to be in contravention of
(a) subsection (2), (3)(e) or (9) to the extent that the law in question makes reasonable provision relating to the grounds of privilege or public policy on which evidence may not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings;
(b) subsection (3)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(c) subsection (3)(e) to the extent that the law in question imposes reasonable conditions which must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(d) subsection (6) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the appropriate disciplinary law, so, however, that any court so trying such a member and convicting him is in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law; or
(e) subsection (8) to the extent that the law in question authorizes a court, where the person who is being tried refuses without just cause to answer any question put to him, to draw such inferences from that refusal as are proper and to treat that refusal, on the basis of such inferences, as evidence corroborating any other evidence given against that person.
(14) In the case of a person who is held in lawful detention, the provisions of subsection (2) may not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention, save that the case of such person is afforded a fair hearing within a reasonable time, and the person or authority conducting the trial is regarded as a court for the purposes of this section.
(15) For the purposes of this section, a local court may not be regarded as not being an independent and impartial court by reason of
(a) the fact that a member of the court has an interest in the proceedings because of his position in the tribal society; or
(b) the traditional or customary tribal practices and procedures.
Section 19 Protection of freedom of conscience
(1) Except with his own consent or by way of parental discipline, no person is hindered in the enjoyment of his freedom of conscience, that is to say, freedom of thought and of religion, freedom to change his religion or belief, and freedom, whether alone or in community with others, and whether in public or in private, to manifest and propagate his religion or belief through worship, teaching, practice and observance.
(2) Except with his own consent or, if he is a minor, the consent of his parent or guardian, no person attending any place of education is required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
(3) No religious community is prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not that community is in receipt of any subsidy, grant or other form of financial assistance from the State.
(4) No person is compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) or (3) to the extent that the law in question makes provision
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief; or
(c) with respect to standards or qualifications to be required in relation to places of education, including any instruction, not being religious instruction, given at such places;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References in this section to a religion are construed as including references to a religious denomination and cognate expressions are construed accordingly.
Section 20 Protection of freedom of expression
(1) Except with his own consent or by way of parental discipline, no person is hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question makes provision
(a) in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health;
(b) for the purpose of
(i) protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
(ii) preventing the disclosure of information received in confidence;
(iii) maintaining the authority and independence of the courts or tribunals or the Senate or the House of Assembly;
(iv) regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating any monopoly in these fields;
(v) in the case of correspondence, preventing the unlawful dispatch therewith of other matter;
or
(c) that imposes restrictions upon public officers;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) No religious denomination and no person or group of persons is prevented from establishing and maintaining schools, whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.
(4) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (3) to the extent that the law in question makes provision
(a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or
(b) for regulating such schools in the interests of persons receiving instruction therein;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(5) No person is prevented from sending to any school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the State.
(6) The provisions of subsection (1) may not be held to confer on any person a right to exercise his freedom of expression in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
Section 21 Protection of freedom of assembly and association
(1) Except with his own consent or by way of parental discipline, no person is hindered in his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or trade unions or other associations for the protection of his interests.
(2) The freedom referred to in subsection (1) is include the right not to be compelled to belong to an association.
(3) Nothing contained in or done under the authority of any law is held to be in contravention of subsection (1) to the extent that the law in question makes provision
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedom of other persons;
(c) for the registration of companies, partnerships, societies or other associations of persons, other than political parties, trade unions or employers’ organisations; or
(d) that imposes restrictions upon public officers;
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(4) The provisions of subsection (1) may not be held to confer on any person a right to exercise his freedom of assembly or association in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.
Section 22 Protection of freedom of movement
(1) No person is deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
(2) Any restriction on a person’s freedom of movement that is involved in his lawful detention may not be held to be in contravention of subsection (1).
(3) Nothing contained in or done under the authority of any law is held to in contravention of subsection (1) to the extent that the law in question makes provision
(a) for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in the national interest, or in the interests of defence, public safety, public order, public morality, public health, the public interest or the economic interests of the State;
(b) for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;
(c) for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any person’s right to leave Zimbabwe
(i) in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;
(ii) for proceedings relating to his extradition or lawful removal from Zimbabwe; or
(iii) for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;
(d) for
(i) the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe; or
(ii) excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe;
whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe;
(e) for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of the court or other adjudicating authority for the purposes of any civil proceedings; or
(f) for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being;
except, in the case of any provision referred to in paragraphs (a) to (e), so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(4) The provisions of subsection (3)(a) may not be construed as authorizing a law to make provision for excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe.
Section 23 Protection from discrimination on the grounds of race, etc.
(1) Subject to the provisions of this section
(a) no law is make any provision that is discriminatory either of itself or in its effect; and
(b) no person is treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) For the purposes of subsection (1), a law is regarded as making a provision that is discriminatory and a person is regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability are prejudiced
(a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or
(b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first-mentioned description;
and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability of the persons concerned.
(3) Nothing contained in any law is held to be in contravention of subsection (1)(a) to the extent that the law in question relates to any of the following matters
(a) matters of personal law;
(b) the application of African customary law in any case involving Africans or an African and one or more persons who are not Africans where such persons have consented to the application of African customary law in that case;
(c) restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;
(d) qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body corporate established directly by or under an Act of Parliament for a public purpose;
(e) the appropriation of public revenues or other public funds; or
(f) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land; or
(g) the implementation of affirmative action programmes for the protection or advancement of persons or classes of persons who have been previously disadvantaged by unfair discrimination.
(3a) Notwithstanding subsection (3)(b), in implementing any programme of land reform the Government is treat men and women on an equal basis with respect to the allocation or distribution of land or any right or interest therein under that programme.
(4) The provisions of subsection (1)(b) may not apply to
(a) anything that is expressly or by necessary implication authorized to be done by any provision of a law that is referred to in subsection (3); or
(b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law.
(5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their sex or gender is held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question
(a) gives effect to section 7(2) or any other provision of this Constitution; or
(b) takes due account of physiological differences between persons of different sex or gender; or
(c) makes provision in the interests of defence, public safety or public morality;
except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Section 24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress.
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings is, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(3) Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question is lie to the Supreme Court under subsection (1).
(4) The Supreme Court is have original jurisdiction
(a) to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and
(b)to determine any question arising in the case of any person which is referred to it pursuant to subsection (2);
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.
(5) If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section 16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without proof to its satisfaction, it is issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be declared to be in contravention of the section concerned.
(6) If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-General is entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the Attorney-General is have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.
(7) Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody under that law is entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for the lodging of such an appeal may have expired.
(8) A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section.
(9) A written law may make provision with respect to the practice and procedure
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and
(b) of subordinate courts in relation to references to the Supreme Court under subsection (2);
including provision with respect to the time within which any application or reference is or may be made or brought.
Section 25 Savings in the event of public emergencies
Notwithstanding the foregoing provisions of this Chapter, an Act of Parliament may in accordance with Schedule 2 derogate from certain provisions of the Declaration of Rights in respect of a period of public emergency or a period when a resolution under section 31J(6) is in effect.
Section 26 Interpretation and other savings
(1) In this Chapter, unless the context otherwise requires
“child” includes a stepchild and a lawfully adopted child and “parent” and cognate expressions are construed accordingly;
“court” means any court of law in Zimbabwe, including a local court, but does not, except for the purposes of section 12 or 14, include a court established by or under a disciplinary law;
“legal representative” means a legal practitioner who is lawfully in Zimbabwe;
“parental discipline” includes school or other quasi-parental discipline.
(2) Nothing contained in or done under the authority of any written law is held to be in contravention of the Declaration of Rights to the extent that the law in question
(a) is a law with respect to which the requirements of section 52 were applicable and were complied with;
(b) […]
(c) […]
(d) […]
(3) […]
(4) For the purposes of this section, the reference
(a) […]
(b) in subsection (2) to a written law includes any instrument having the force of law.
(5) In relation to any person who is a member of a disciplined force of Zimbabwe, nothing contained in or done under the authority of the disciplinary law of that force is held to be in contravention of any of the provisions of the Declaration of Rights, other than sections 12, 14, 15, 16 and 23.
(6) In relation to any person who is a member of a disciplined force that is not a disciplined force of Zimbabwe and who is present in Zimbabwe under arrangements made between the Government and the government of some other country or an international organization, nothing contained in or done under the authority of the disciplinary law of that force is held to be in contravention of the Declaration of Rights.
(7) No measures taken in relation to a person who is a member of a disciplined force of a country with which Zimbabwe is at war or with which a state of hostilities exists and no law, to the extent that it authorises the taking of such measures, is held to be in contravention of the Declaration of Rights.
Chapter IV The Executive
Part 1 The President
Section 27 The President
(1) There is a President who is Head of State and Head of Government and Commander-in-Chief of the Defence Forces.
(2) The President is take precedence over all other persons in Zimbabwe.
Section 28 Qualifications and election of President
(1) A person is qualified for election as President if
(a) he is a citizen of Zimbabwe by birth or by descent; and
(b) he has attained the age of forty years; and
(c) he is ordinarily resident in Zimbabwe.
(2) Subject to subsection (3)(b), the President is elected by voters.
(3) An election to the office of President is take place
(a) on the day or days fixed in a proclamation in terms of section 58(1) as the day or days on which elections are to be held for the purpose of electing members of Parliament and members of the governing bodies of local authorities; or
(b) in accordance with the Electoral Law by members of the Senate and the House of Assembly sitting jointly as an electoral college within ninety days after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution;
as the case may be.
(4) The procedure for the nomination of candidates for election in terms of subsection (2) and the election of the President is as prescribed in the Electoral Law.
(5) A person elected as President is, on the day upon which he is declared to be elected or no later than forty-eight hours thereafter, enter office by taking and subscribing before the Chief Justice or other judge of the Supreme Court or the High Court the oaths of loyalty and office in the forms set out in Schedule 1.
Section 29 Tenure of office of President
(1) The term of office of the President is a period of five years concurrent with the life of Parliament referred to in section 63(4), or
(a) a lesser period where the President earlier dissolves Parliament in terms of section 63(2), or the President is elected pursuant to section 28(3)(b); or
(b) a longer period where the life of Parliament referred to in section 63(4) is extended under section 63(5) or (6);
in which event term of office of the President is terminate on the expiration of such lesser or longer period, as the case may be:
Provided that the President is continue in office until the person elected as President at the next election of President enters office.
(2) The President may resign his office by lodging his resignation in writing with the Speaker.
(3) The President is cease to hold office if a report prepared by a joint committee of the Senate and the House of Assembly, appointed by the Speaker in consultation with the President of Senate upon the request of not fewer than one-third of the members of House of Assembly, has recommended the removal of the President on the ground
(a) that he has acted in wilful violation of this Constitution; or
(b) that he is incapable of performing the functions of his office by reason of physical or mental incapacity; or
(c) of gross misconduct;
and the Senators and members of the House of Assembly sitting together have resolved by the affirmative votes of not less than two-thirds of their total number that the President should be removed from office.
Section 30 Presidential immunity
(1) The President may not , while in office, be personally liable to any civil or criminal proceedings whatsoever in any court.
(2) Without prejudice to the provisions of subsection (1), it is lawful to institute civil or criminal proceedings against a person after he has ceased to be President, in respect of
(a) things done or omitted to be done by him before he became President; or
(b) things done or omitted to be done by him in his personal capacity during his term of office as President;
and, notwithstanding any provision contained in any law relating to prescription or to the limitation of actions, the running of prescription in relation to any debt or liability of the President, whether incurred or accrued before or during his term of office, is suspended during his term of office as President.
Section 31 Acting President
(1) Whenever the office of President is vacant or the President is absent from Zimbabwe or is unable to perform the functions of his office by reason of illness or any other cause, his functions are assumed and performed
(a) where there is only one Vice-President, by that Vice-President; or
(b) where there are two Vice-Presidents
(i) by the Vice-President whom the President has designated for such an eventuality; or
(ii) by the Vice-President who last acted as President in terms of this section, where neither Vice-President has been designated for such an eventuality in terms of subparagraph (i);
or
(c) during the absence or incapacity of the Vice-President or of both Vice-Presidents, as the case may be, by such Minister as may be designated for such an eventuality
(i) by the President; or
(ii) 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 whole membership of the Cabinet, a person performing the functions of the office of President in terms of subsection (1) may not exercise the power of the President
(a) to declare war or to make peace; or
(b) to enter into any international convention, treaty or agreement; or
(c) subject to the provisions of section 51, to dissolve or prorogue Parliament; or
(d) to appoint or revoke the appointment of a Vice-President, Minister or Deputy Minister; or
(e) to assign or reassign functions to a Vice-President, Minister or Deputy Minister, including the administration of any Act of Parliament or of any Ministry or department, or to cancel any such assignment of functions.
Section 31A Remuneration of President
(1) There is charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary, allowances, pension and other benefits as may from time to time be prescribed by or under an Act of Parliament.
(2) The salary, allowances and other benefits payable to the President or an Acting President may not be reduced during the period he holds the office of President.
Section 31B President and former Presidents not to hold other offices
(1) While he continues in office as President, the President may not directly or indirectly hold any other public office or any paid office in the employment of any person.
(2) After ceasing to be President, a person may not directly or indirectly hold any public office or any paid office in the employment of any person while he is receiving a pension from the State in respect of his former office of President.
Part 2 Vice-Presidents, Ministers and Cabinet
Section 31C Vice-Presidents
(1) There is not more than two Vice-Presidents of Zimbabwe, who is appointed by the President.
(2) The Vice-President or Vice-Presidents, as the case may be, is assist the President in the discharge of his executive functions, and is perform such other functions, including the administration of any Act of Parliament or of any Ministry or department, as the President may assign to him or them, as the case may be.
(3) A Vice-President is, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1.
(4) During his tenure of office, a Vice-President may not directly or indirectly hold any other public office or any paid office in the employment of any person.
(5) Whenever a Vice-President is absent from Zimbabwe, or is unable to perform the functions of his office by reason of illness or any other cause, the President may appoint a Minister to assume and perform those functions, and any Minister so appointed may discharge those functions accordingly.
(6) A Minister appointed in terms of subsection (5) is cease to perform the functions of the office of Vice-President
(a) if the appointment is revoked by the President; or
(b) if he ceases to hold the office of Minister; or
(c) upon the assumption of office of a new President.
Section 31D Ministers and Deputy Ministers
(1) The President
(a) is appoint Ministers and may assign functions to such Ministers, including the administration of any Act of Parliament or of any Ministry or department; and
(b) may appoint Deputy Ministers of any Ministry or department or of such other description as the President may determine, and may authorize any Deputy Minister to exercise or perform on behalf of a Minister any of the functions entrusted to such Minister.
(2) Any person appointed under this section is, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1.
(3) Subject to the provisions of this Constitution and any Act of Parliament, where any Minister has been charged with responsibility for any Ministry or department he is exercise general direction and control over that Ministry or department and, subject to such direction and control, any such Ministry is under the supervision of a Secretary.
(4) During his tenure of office, no Minister or Deputy Minister is directly or indirectly hold any other public office or any paid office in the employment of any person.
Section 31E Tenure of office of Vice-Presidents, Ministers and Deputy Ministers
(1) The office of a Vice-President, Minister or Deputy Minister iscome vacant
(a) if the President removes him from office; or
(b) if he resigns his office by notice in writing addressed and delivered to the President; or
(c) upon the assumption of office of a new President.
(2) No person is hold office as Vice-President, Minister or Deputy Minister for longer than three months unless he is a member of Parliament:
Provided that if during that period Parliament is dissolved, he may continue to hold such office without being a member of Parliament until Parliament first meets after the dissolution.
(3) A person who has held office as Vice-President, Minster or Deputy Minister without also being a member of Parliament may not be eligible for reappointment to that office before Parliament is next dissolved unless in the meantime he has become a member of Parliament.
Section 31F Vote of no confidence in Government
(1) Parliament may, by resolution supported by the votes of not less than two-thirds of all the members of each House, pass a vote of no confidence in the Government.
(2) A motion for the resolution referred to in subsection (1) may not be moved in the House of Assembly unless
(a) not less than seven days’ notice of the motion has been given to the Speaker; and
(b) the notice of the motion has been signed by not less than one-third of all the members of the House of Assembly;
and is debated in the House of Assembly within twenty-one days after the receipt by the Speaker of the notice of the motion.
(3) Where a vote of no confidence in the Government is passed by Parliament in terms of this section, the President is within fourteen days do one of the following
(a)dissolve Parliament; or
(b)remove every Vice-President, Minister and Deputy Minister from his office unless he has earlier resigned in consequence of the resolution; or
Section 31G Cabinet
(1) There is a Cabinet consisting, subject to the provisions of section 76(3b), of the President, the Vice-President or Vice-Presidents, as the case may be, and such Ministers as the President may from time to time appoint.
(2) A Minister who is a member of the Cabinet is hold office as a member of the Cabinet during the pleasure of the President:
Provided that
(i) he is cease to hold office as a member of the Cabinet if he ceases to be a Minister;
(ii) he may at any time, by notice in writing addressed and delivered to the President, resign his office as a member of the Cabinet.
(3) Every Minister who becomes a member of the Cabinet is, before entering upon his office, take and subscribe before the President or some other person authorised by the President in that behalf, the oath of a member of the Cabinet in the form set out in Schedule 1.
Part 3 Executive Functions
Section 31H Executive functions of President
(1) The executive authority of Zimbabwe is vest in the President and, subject to the provisions of this Constitution, may be exercised by him directly or through the Cabinet, a Vice-President, a Minister or a Deputy Minister.
(2) It is the duty of the President to uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed.
(3) The President is have such powers as are conferred upon him by this Constitution or by or under any Act of Parliament or other law or convention and, subject to any provision made by Parliament, is, as Head of State, in addition have such prerogative powers as were exercisable before the appointed day.
(4) Without prejudice to the generality of subsection (3), the President is have power, subject to the provisions of this Constitution
(a) to appoint, accredit, receive and recognize diplomatic agents and consular officers; and
(b) to enter into international conventions, treaties and agreements; and
(c) to proclaim and to terminate martial law; and
(d) to declare war and to make peace; and
(e) to confer honours and precedence.
(5) In the exercise of his functions the President is act on the advice of the Cabinet, except in cases where he is required by this Constitution or any other law to act on the advice of any other person or authority:
Provided that the President may not be obliged to act on the advice of the Cabinet with respect to
(a) the dissolution or prorogation of Parliament; or
(b) the appointment or removal of a Vice-President or any Minister or Deputy Minister; or
(b1) subject to the provisions of an Act of Parliament such as is referred to in section 111A, the appointment or removal of a Provincial Governor in terms of such Act; or
(c) the assignment or reassignment of functions to a Vice-President or any Minister or Deputy Minister or with respect to the cancellation of any such assignment or reassignment of functions; or
(c1) the designation of a Vice-President or Minister in terms of section 31(1); or
(c2) the appointment of members of Parliament in terms of section 34(1)(e); or
(d) the appointment of any person to an office or post in terms of this Constitution or any other law, or the removal of any person from such an office or post, where the President is required by this Constitution or by the law concerned, as the case may be, to consult any other person or authority before making the appointment or effecting the removal.
(6) Nothing in this section is prevent Parliament from conferring or imposing functions on persons or authorities other than the President.
Section 31I Prerogative of mercy
(1) The President may, subject to such lawful conditions as he may think fit to impose
(a) grant a pardon to any person concerned in or convicted of a criminal offence against any law; or
(b) grant a respite, either indefinite or for a specified period, from the execution of any sentence for such an offence; or
(c) substitute a less severe punishment for that imposed by any sentence for such an offence; or
(d) suspend for a specified period or remit the whole or part of any sentence for such an offence or any penalty of forfeiture otherwise imposed on account of such an offence.
(2) Where a person resident in Zimbabwe has been convicted in another country of a criminal offence against a law in force in that country, the President may declare that that conviction may not be regarded as a conviction for the purposes of this Constitution or any other law in force in Zimbabwe.
Section 31J Public emergencies
(1) The President may at any time, by proclamation in the Gazette, declare in relation to the whole of Zimbabwe or any part thereof that
(a) a state of public emergency exists; or
(b) a situation exists which, if allowed to continue, may lead to a state of public emergency.
(2) A declaration under subsection (1), if not sooner revoked, is cease to have effect at the expiration of a period of fourteen days beginning with the day of publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by resolution of House of Assembly:
Provided that, if Parliament is dissolved during the period of fourteen days, the declaration, unless sooner revoked, is cease to have effect at the expiration of a period of thirty days beginning with the day of publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by resolution of House of Assembly.
(3) Where a declaration under subsection (1)
(a) is not approved by resolution under subsection (2), the President is forthwith, after the House of Assembly has considered the resolution and failed to approve it or, if the House of Assembly has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation in the Gazette, revoke the declaration;
(b) is approved by resolution under subsection (2), the declaration is, subject to the provisions of subsection (4), continue in effect for a period of six months beginning with the day of publication of the proclamation in the Gazette:
Provided that, where the House of Assembly has in the resolution under subsection (2) specified that the declaration is continue in effect for a period of less than six months, the President is, by proclamation in the Gazette, make provision that the declaration is, subject to the provisions of subsection (4), be revoked on the expiration of the period so specified.
(4) If the House of Assembly resolves that it considers it expedient that a declaration under subsection (1) should be continued for a further period not exceeding six months, the President is forthwith, by proclamation in the Gazette, extend the declaration for such further period as may be so resolved.
(5) Notwithstanding any other provision of this section, the House of Assembly may at any time
(a) resolve that a declaration under subsection (1) should be revoked; or
(b) whether in passing a resolution under subsection (2) or (4) or subsequently, resolve that a declaration under subsection (1) should relate to such lesser area as the House of Assembly may specify;
and the President is forthwith, by proclamation in the Gazette, revoke the declaration or provide that the declaration is relate to such lesser area, as the case may be.
(6) Without prejudice to the provisions of subsections (1) to (5), the House of Assembly may at any time resolve in relation to the whole of Zimbabwe or any part thereof that a situation exists which
(a) if allowed to continue, may lead to a state of public emergency; and
(b) may require the preventive detention of persons in the interests of defence, public safety or public order.
(7) A resolution under subsection (6) is, subject to the provisions of subsection (8) and unless the House of Assembly has specified that it is have effect for a period of less than one year, have effect for a period of one year beginning with the day on which it is passed.
(8) The House of Assembly may continue a resolution under subsection (6) for a further period, not exceeding one year.
(9) Notwithstanding any other provision of this section, the House of Assembly may at any time resolve
(a) that a resolution under subsection (6) is cease to have effect; or
(b) that a resolution under subsection (6) is relate to such lesser area as the House of Assembly may specify.
(10) A declaration under subsection (1) or a resolution under subsection (6) may be continued in accordance with this section notwithstanding that it has previously been continued.
(11) No resolution under subsection (2), (4), (6) or (8) is deemed to have been duly passed unless it receives the affirmative votes of more than one-half of the total membership of the House of Assembly.
(12) Where the House of Assembly passes a resolution under subsection (6), (8) or (9), the Clerk of Parliament is forthwith cause to be published in the Gazette a notice of such resolution and the effect thereof.
(13) […]
Section 31K Extent to which exercise of President’s functions justiciable
(1) Where the President is required or permitted by this Constitution or any other law to act on his own deliberate judgement, a court may not , in any case, inquire into any of the following questions or matters
(a) whether any advice or recommendation was tendered to the President or acted on by him; or
(b) whether any consultation took place in connection with the performance of the act; or
(c) the nature of any advice or recommendation tendered to the President; or
(d) the manner in which the President has exercised his discretion.
(2) Where the President is required or permitted by this Constitution or any other law to act on the advice or recommendation of or after consultation with any person or authority, a court may not , in any case, inquire into either of the following questions or matters
(a) the nature of any advice or recommendation tendered to the President; or
(b) the manner in which the President has exercised his discretion.
Chapter V Parliament
Part 1 Parliament
Section 32 Legislative authority
(1) The legislative authority of Zimbabwe is vest in the Legislature which is consist of the President and Parliament.
(2) The provisions of subsection (1) may not be construed as preventing the Legislature from conferring legislative functions on any person or authority.
Section 33 Parliament
Parliament is consist of two Houses, called the Senate and the House of Assembly.
Part 2 The Senate
Section 34 Composition of Senate
(1) There is a Senate which, subject to the provisions of section 76(3b), is consist of ninety-three Senators, of whom
(a) six is elected in each of the ten provinces by voters registered in the sixty senatorial constituencies referred to in section 61A(7); and
(b) ten is Provincial Governors; and
(c) two is the President and the Deputy President of the Council of Chiefs; and
(d) sixteen is Chiefs, being two Chiefs from each of the provinces, other than the metropolitan provinces, elected in accordance with the Electoral Law; and
(e) five is appointed by the President.
(2) The qualifications for election or appointment as a Senator are set out in Schedule 3.
(3) The procedure for the nomination of candidates for election under subsection (1)(a), the election of Senators and the filling of vacancies among elected Senators are as prescribed in the Electoral Law.
Section 35 Election of President of Senate
(1) When the Senate first meets after it is elected and before it proceeds to the despatch of any other business it is elect a presiding officer to be known as the President of the Senate; and whenever the office of the President of the Senate becomes vacant the Senate may not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate is elected in accordance with Standing Orders from among persons who are or have been members of the Senate or the House of Assembly and who are not members of the Cabinet, Ministers, Deputy Ministers or Provincial Governors:
Provided that a person who is not a member of the Senate may not be elected as the President of the Senate unless he is qualified in accordance with Schedule 3 for election or appointment to the Senate.
(3) If a Senator is elected as President of the Senate, he is cease to be a Senator.
(4) A person who has been elected as the President of the Senate is, before he enters upon the duties of his office, unless he has already done so in accordance with section 44, take and subscribe before the Senate the oath of loyalty in the form set out in Schedule 1.
(5) When the Senate first meets after it is elected it is, as soon as practicable after the election of the President of the Senate, elect in accordance with Standing Orders a Senator, not being a Vice-President, Minister, Deputy Minister or Provincial Governor, to be the Deputy President of the Senate and to be chairman when the Senate is in committee; and whenever the office of the Deputy President of the Senate becomes vacant the Senate is, as soon as convenient, elect another such Senator to that office.
Section 36 Tenure of office of President and Deputy President of Senate
(1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Clerk of Parliament.
(2) The President of the Senate is vacate his office
(a) on the dissolution of Parliament next following his election;
(b) if he becomes President, or a Vice-President, Minister, Deputy Minister or Provincial Governor;
(c) if he becomes a Senator or a member of the House of Assembly or the Speaker;
(d) if any circumstance arises that, if he had been a Senator
(i) the provisions of section 41(1)(j), (k), (n), (o), (p) or (q) would apply to him and his seat as a Senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section 42, to cease to exercise his functions as a Senator.
(3) The office of the President of the Senate iscome vacant if the Senate has resolved by the affirmative votes of not less than one half of its total membership that the office of the President of the Senate iscome vacant.
(4) Any function of the President of the Senate, whether authorized by law or otherwise, which is required to be performed after a dissolution of Parliament and before the President of the Senate is elected under section 35(1) is performed by the person who was the President of the Senate immediately before such dissolution:
Provided that, if at any time after the dissolution of Parliament the person who was the President of the Senate relinquishes the functions of that office by notice in writing to the Clerk of Parliament or is for any reason unable to perform them, those functions are performed by the Clerk of Parliament.
(5) The Deputy President of the Senate may at any time resign his office by notice in writing to the Clerk of Parliament and is vacate his office if
(a) he ceases to be a Senator;
(b) he is required, by virtue of the provisions of section 42 or 43, to cease to exercise his functions as a Senator; or
(c) he becomes a Vice-President, Minister, Deputy Minister or Provincial Governor.
Section 37 […]
[…]
Part 3 Composition of House of Assembly, Speaker and Deputy Speaker and Parliamentary Legal Committee
Section 38 Composition of House of Assembly
(1) There is a House of Assembly which, subject to the provisions of section 76(3b), is consist of two hundred and ten members qualified in accordance with Schedule 3 for election to the House of Assembly and elected by voters registered in the two hundred and ten constituencies delimited in accordance with section 61A.
(2) The procedure for the nomination of candidates for election under subsection (1), the election of members of the House of Assembly and the filling of vacancies is as prescribed in the Electoral Law.
Section 39 Election of Speaker and Deputy Speaker
(1) When the House of Assembly first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business it is elect a presiding officer to be known as the Speaker, and whenever the office of the Speaker becomes vacant the House of Assembly may not transact any other business until a person to fill that office has been elected.
(2) The Speaker is elected in accordance with Standing Orders from among persons who are or have been members of the House of Assembly and who are not members of the Cabinet, Ministers or Deputy Ministers:
Provided that a person who is not a member of the House of Assembly may not be elected as the Speaker unless he is qualified in accordance with Schedule 3 for election to the House of Assembly.
(3) A person who has been elected as the Speaker is, before he enters upon the duties of his office, unless he has already done so in accordance with section 44, take and subscribe before the House of Assembly the oath of loyalty in the form set out in Schedule 1.
(4) When the House of Assembly first meets after any dissolution of Parliament it is, as soon as practicable after the election of the Speaker, elect in accordance with Standing Orders a member of the House of Assembly not being a Vice-President, a Minister or Deputy Minister, to be the Deputy Speaker and to be chairman when the House of Assembly is in committee; and whenever the office of the Deputy Speaker becomes vacant the House of Assembly is, as soon as convenient, elect another such member to that office.
Section 40 Tenure of office of Speaker and Deputy Speaker
(1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Assembly or by notice in writing to the Clerk of Parliament.
(2) The Speaker is vacate his office
(a) on the dissolution of Parliament next following his election;
(b) if he becomes a Vice-President, a Minister or Deputy Minister;
(c) if he becomes a Senator or the President of Senate or a member of the House of Assembly;
(d) if any circumstance arises that, if he had been a member of Parliament
(i) the provisions of section 41(j), (k), (n), (o), (p) or (q) would apply to him and his seat as a member would become vacant; or
(ii) he would be required, by virtue of the provisions of section 42, to cease to exercise his functions as a member;
or
(e) if he accepts office as a Provincial Governor; or
(f) if he was a Provincial Governor at the time he was elected Speaker and he fails to terminate his appointment as such within fourteen days of being elected Speaker.
(3) The office of the Speaker iscome vacant if the House of Assembly has resolved by the affirmative votes of not less than two-thirds of its total membership that the office of the Speaker iscome vacant.
(4) Any function of the Speaker, whether authorized by law or otherwise, which is required to be performed after a dissolution of Parliament and before the Speaker is elected under section 39(1) is performed by the person who was the Speaker immediately before such dissolution:
Provided that, if at any time after the dissolution of Parliament the person who was the Speaker relinquishes the functions of that office by notice in writing to the Clerk of Parliament or is for any reason unable to perform them, those functions are performed by the Clerk of Parliament.
(5) The Deputy Speaker may at any time resign his office by notice in writing to the Clerk of Parliament and is vacate his office if
(a) he ceases to be a member of the House of Assembly;
(b) he is required, by virtue of the provisions of section 42 or 43, to cease to exercise his functions as a member of Parliament; or
(c) he becomes a Vice-President, a Minister or Deputy Minister; or
(d) he accepts office as a Provincial Governor; or
(e) he was a Provincial Governor at the time he was elected Deputy Speaker and he fails to terminate his appointment as such within fourteen days of being elected Deputy Speaker.
Section 40A Parliamentary Legal Committee
(1) As soon as practicable the Committee on Standing Rules and Orders appoints a committee to be known as the Parliamentary Legal Committee.
(2) The Parliamentary Legal Committee is consist of such number of members of Parliament, other than members of the Cabinet, Ministers or Provincial Governors, being not less than three, as the Committee on Standing Rules and Orders may from time to time determine, the majority of whom is legally qualified as provided in subsection (3).
(3) A person is legally qualified for the purposes of subsection (2) if he
(a) has been a judge of the Supreme Court or the High Court; or
(b) is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or
(c) has been a magistrate in Zimbabwe for not less than five years; or
(d) possesses such legal qualifications and has such legal experience as the Committee on Standing Rules and Orders considers suitable and adequate for his appointment to the Parliamentary Legal Committee.
(4) In computing, for the purposes of subsection (3)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe is included.
Section 40B Functions of Parliamentary Legal Committee
(1) The Parliamentary Legal Committee is examine
(a) every Bill, other than a Constitutional Bill or a Bill to which the proviso to paragraph 3(1) of Schedule 4 applies, that has been introduced into the House of Assembly or the Senate, whichever is the House in which the Bill originates; and
(b) every Bill, other than a Constitutional Bill, or a Bill to which the proviso to paragraph 3(1) of Schedule 4 applies, which is amended after its examination by the Committee, before the Bill is given its final reading in the House in which it originated; and
(c) every draft Bill transmitted by a Minister to the Clerk of Parliament for reference to the Committee; and
(d) every statutory instrument published in the Gazette; and
(e) every draft statutory instrument transmitted by the authority empowered to make it to the Clerk of Parliament for reference to the Committee;
and is report to the House of Assembly, Senate, Minister or authority, as the case may be, whether in its opinion any provision of the Bill, draft Bill, statutory instrument or draft statutory instrument would, if enacted, be or, as the case may be, is in contravention of the Declaration of Rights or any other provision of the Constitution.
(2) Members of the Parliamentary Legal Committee who are not members of the House in which a Bill originates must, if the Committee reports to the House that any provision of the Bill would, if enacted, be in contravention of the Declaration of Rights or any other provision of the Constitution, have the right to sit and speak in the House but may not have the right to vote therein.
(3) The Parliamentary Legal Committee
(a) may, in examining any statutory instrument or draft statutory instrument in terms of subsection (1), report to the House of Assembly, Senate or to the Minister or authority concerned, as the case may be, whether in its opinion any provision of the statutory instrument or draft statutory instrument would, if enacted, be or, as the case may be, is ultra vires the enabling Act;
(b) is perform such other functions as may be prescribed by or under an Act of Parliament or in Standing Orders.
(4) Standing Orders make provision for matters relating to the Parliamentary Legal Committee.
(5) The provisions of paragraphs 4 and 8 of Schedule 4 is apply in respect of the reports of the Parliamentary Legal Committee on Bills and statutory instruments.
Part 4 General Matters Relating to Parliament
Section 41 Tenure of seats of members
(1) Subject to the provisions of this section, the seat of a member of Parliament iscome vacant only
(a) on his death;
(b) on the dissolution of Parliament next following his election or appointment;
(c) if he resigns his seat by notice, in writing, to the President of the Senate or the Speaker, as the case may be, or to the Clerk of Parliament;
(d) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Assembly, as the case may be, and the Senate or the House of Assembly has resolved, by the affirmative votes of more than one half of its total membership, that the seat iscome vacant;
(e) if, being a member referred to in section 38(1)(a) and having ceased to be a member of the political party of which he was a member at the date of his election to Parliament, the political party concerned, by written notice to the Speaker, declares that he has ceased to represent its interests in Parliament;
(f) if he becomes President;
(g) if he becomes Speaker;
(h) if, being a member referred to in section 38(1)(a), he accepts office as Provincial Governor;
(i) if, being a member referred to in section 38(1)(b), he ceases to hold office as Provincial Governor;
(j) if he accepts any public office or office as a member of a statutory body or local authority or employment as an employee of a statutory body or local authority;
(k) if, being a public officer or a member or employee of a statutory body or local authority at the time he became a member of Parliament, he fails to terminate his appointment or employment as such within fourteen days of the date he became a member of Parliament;
(l) in the circumstances set out in section 42;
(m) if he is required, by virtue of the provisions of section 43, to vacate his seat;
(n) if he is found or declared in accordance with any Act relating to mental health to be mentally disordered or defective as defined in that Act;
(o) if he is declared by order of the High Court to be incapable of managing his own affairs;
(p) if he has been convicted of an offence under the Electoral Law and has been declared by the High Court under the powers conferred by the Electoral Law to be disqualified for registration as a voter or from voting at any election;
(q) if for a continuous period of six months or more he has been the subject of a preventive detention order under any law providing for the preventive detention of persons.
(2) For the purposes of paragraphs (j) and (k) of subsection (1), a person may not be deemed to hold public office solely by reason of
(a) being a Vice-President, a Minister, Deputy Minister or Provincial Governor; or
(b) being a member of any of the Defence Forces whose services in peace-time are not wholly in the service of the State; or
(c) being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or
(d) holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or
(e) being a member of the Council of Chiefs.
(3) For the purposes of this section
(a) any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body is regarded as a member of that statutory body;
(b) “statutory body” means
(i) any Commission established by this Constitution;
(ii) any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution.
(4) The provisions of this section may not apply to the Attorney-General.
Section 42 Members sentenced to death or to imprisonment
(1) Subject to the provisions of this section, in the event of a member of Parliament being convicted
(a) within Zimbabwe of a criminal offence; or
(b) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would have been a criminal offence;
and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member is cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat iscome vacant at the expiration of thirty days from the date of such sentence.
(2) If, during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is lodged, the question whether the member is to vacate his seat may not be determined until the abandonment or final disposal of such application or appeal, whereupon the member is forthwith vacate his seat unless
(a) he is granted a free pardon;
(b) his conviction is set aside;
(c) his sentence is reduced to a term of imprisonment of less than six months; or
(d) a punishment other than imprisonment is substituted.
(3) Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member may not vacate his seat, unless he has previously resigned, but is entitled to resume his functions and receive remuneration as a member for the period during which he ceased to exercise his functions by reason of the provisions of this section.
(4) For the purposes of this section
(a) two or more terms of imprisonment that are required to be served consecutively is regarded as a single term of imprisonment for the aggregate period of such terms;
(b) two or more terms of imprisonment that are required to be served concurrently is regarded as a single term of imprisonment for the period of the longest of such terms;
(c) a person is regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;
(d) no account is taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
(5) The provisions of this section may not apply to the Attorney-General.
Section 43 Expulsion or suspension of members convicted of certain offences
(1) Subject to the provisions of this section, if
(a) a member of the Senate or the House of Assembly is convicted of an offence referred to in section 42(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and
(b) the Senate or the House of Assembly, as the case may be, after taking into account the nature of the offence and the sentence imposed, resolves, by the affirmative votes of not less than two-thirds of its total membership, that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Assembly for such period, not exceeding six months, as the Senate or the House of Assembly may specify;
the member is forthwith vacate his seat or, as the case may be, be suspended from the service of the Senate or the House of Assembly, as the case may be, for the period so specified.
(2) A member of the Senate or the House of Assembly who is suspended from the service of the Senate or the House of Assembly in accordance with subsection (1) may not exercise his functions or be entitled to any remuneration as a member during the period of his suspension.
(3) The provisions of this section may not apply to the Attorney-General.
Section 44 Oath of loyalty
Every member of the Senate or the House of Assembly is, before taking part in any proceedings thereof, other than proceedings necessary for the purposes of this section, take and subscribe before Parliament the oath of loyalty in the form set out in Schedule 1.
Section 45 Remuneration of President of Senate and Speaker
(1) There is charged upon and paid out of the Consolidated Revenue Fund to the President of the Senate and to the Speaker such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
(2) The salary payable to the President of the Senate or the Speaker may not be reduced during the period he holds that office.
(3) A person who was the President of the Senate or the Speaker immediately before a dissolution of Parliament is continue to receive the salary and allowances of that office until such time as the Senate or the House of Assembly, as the case may be, first meets after the dissolution or until he ceases sooner to perform the functions of
(a) the President of the Senate in the circumstances referred to in section 36(4); or
(b) the Speaker in the circumstances referred to in section 40(4).
Section 46 President’s power to address and attend Parliament
(1) The President
(a) may at any time
(i) address the Senate or the House of Assembly; or
(ii) call a joint meeting of the Senate and the House of Assembly and attend and address such joint meeting;
(b) is have the right to sit and speak in the Senate or the House of Assembly but may not have the right to vote therein.
(2) The President may send messages to the Senate or the House of Assembly and any such message is read by the President of the Senate or the Speaker, as the case may be, or by a Vice-President or a Minister.
Section 47 Vice-Presidents, Ministers, Deputy Ministers and Attorney-General in Parliament
(1) A Vice-President or a Minister or a Deputy Minister is have a right to sit and speak in Parliament but is only have the right to vote in Parliament if he is a member thereof.
(2) The Attorney-General is have the right to sit and speak in Parliament but may not have the right to vote therein.
Section 48 Clerk of Parliament and other staff thereof
(1) There is a Clerk of Parliament appointed by the Committee on Standing Rules and Orders.
(2) A person appointed as the Clerk of Parliament may not be removed from office unless the House of Assembly resolves, by the affirmative votes of more than one-half of its total membership, that he should be removed from office.
(3) Subject to any wishes which may be expressed from time to time by the House of Assembly, the Committee on Standing Rules and Orders appoints such other staff of Parliament as it may from time to time consider necessary.
(4) The staff of Parliament is appointed on terms of service approved from time to time by the House of Assembly and is deemed to be public officers but may not form part of the Public Service.
Section 49 Privileges of Parliament and members and officers thereof
Subject to the provisions of this Constitution, an Act of Parliament may make provision to determine and regulate the privileges, immunities and powers of Parliament and the members and officers thereof, including the President of Senate and the Speaker, and to provide penalties for a person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so.
Part 5 Powers and Procedure of Parliament
Section 50 Legislative powers
Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Zimbabwe.
Section 51 Mode of exercising legislative powers
(1) Subject to the provisions of section 52 and Schedule 4, the power of Parliament to make laws is exercised by Bills passed by the House of Assembly and the Senate and assented to by the President.
(2) When a Bill is presented to the President for assent he is, subject to the provisions of this section, within twenty-one days, either assent or withhold his assent.
(3) Where this Constitution provides that a Bill of a specified description may not be presented to the President for assent unless it is accompanied by a certificate, the President may not assent to such Bill unless it is accompanied by the said certificate.
(3a) Where the President withholds his assent to a Bill, the Bill is returned to the House of Assembly and, subject to the provisions of subsection (3b), the Bill may not again be presented for assent.
(3b) If, within six months after a Bill has been returned to the House of Assembly in terms of subsection (3a), the House of Assembly resolves upon a motion supported by the votes of not less than two-thirds of all the members of the House of Assembly that the Bill should again be presented to the President for assent, the Bill is so presented and, on such presentation, the President is assent to the Bill within twenty-one days of the presentation, unless he sooner dissolves Parliament.
(4) All laws made by Parliament is styled “Acts” and the words of enactment is “enacted by the President and the Parliament of Zimbabwe” or words to the like effect.
(5) An Act of Parliament is come into operation on the day of its publication in the Gazette or on such other day as may be specified in or under that or some other Act.
(6) An Act of Parliament is deemed to come into operation immediately on the expiration of the day preceding the day on which, by virtue of the provisions of subsection (5), it comes into operation.
(7) The provisions of Schedule 4 is apply in respect of the procedure with regard to Bills and the other matters specified therein.
Section 52 Alteration of the Constitution
(1) Parliament may amend, add to or repeal any of the provisions of this Constitution:
Provided that, except as provided in subsection (6), no law is deemed to amend, add to or repeal any provision of this Constitution unless it does so in express terms.
(2) A Constitutional Bill may not be introduced into the Senate or the House of Assembly unless the text of the Bill has been published in the Gazette not less than thirty days before it is so introduced.
(3) A Constitutional Bill may not be deemed to have been duly passed by Parliament unless, at the final vote thereon in the Senate and the House of Assembly, it received the affirmative votes of not less than two-thirds of the total membership of each House.
(4) If in the case of a Constitutional Bill which has been passed by the House of Assembly in accordance with subsection (3) but has not been passed by the Senate in accordance with that subsection within a period of one hundred and eighty days beginning on the day on which the Bill was first introduced into the Senate, the House of Assembly resolves after the expiration of that period by the affirmative votes of not less than two-thirds of its members that the Bill be presented to the President for assent in the form in which it was passed by the House of Assembly, except for minor changes required by the passage of time, and with such amendments, if any, as the Senate and the House of Assembly may have agreed, the Bill is deemed to have been duly passed in the form in which it is presented to the President.
(5) A Constitutional Bill may not be submitted to the President for assent unless
(a) it is accompanied by
(i) a certificate from the President of the Senate that at the final vote thereon in the Senate the Bill received the affirmative votes of not less than two-thirds of the total membership of the Senate; and
(ii) a certificate from the Speaker that at the final vote thereon in the House of Assembly the Bill received the affirmative votes of not less than two-thirds of the total membership of the House of Assembly;
or
(b) it is accompanied by the certificate referred to in paragraph (a)(ii) and a further certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsection (4) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.
(6) An Act of Parliament that provides for a revision of the written law such as is referred to section 53(2) may make provision for
(a) renumbering the provisions of this Constitution so as to reflect amendments that have been made thereto; and
(b) amending the provisions of this Constitution where it is necessary to do so as a consequence of any renumbering referred to in paragraph (a);
and any such renumbering or amendment is valid as if it had been effected by means of an Act of Parliament passed in accordance with the provisions of this section.
(7) […]
(8) […]
(9) […]
Section 53 Enrolment of Acts
(1) As soon as may be after an Act of Parliament has been assented to by the President, the Clerk of Parliament is cause a fair copy of the Act, duly authenticated by the signature of the President and the public seal, to be enrolled on record in the office of the Registrar of the High Court and such copy is conclusive evidence of the provisions of such Act.
(2) Notwithstanding the provisions of subsection (1), an Act of Parliament may provide for the publication of a revision of the whole or any part of the written law in force, including, subject to the provisions of section 52(6), this Constitution, and may further provide that
(a) upon such publication the revision is in all courts of justice and for all purposes whatsoever be the sole version of the law or part thereof concerned;
(b) a copy of the revision, authenticated in the manner provided for in the Act of Parliament, is deposited in the office of the Registrar of the High Court and such copy is conclusive evidence of the provisions of the law or part thereof concerned.
(3) The validity of an Act of Parliament or of a revision of the law or part thereof may not depend upon the enrolment or deposit thereof pursuant to the provisions of this section.
Section 54 Quorum
(1) If objection is taken by a member of the Senate present that there are present, besides the President of the Senate or the Senator presiding, fewer than eleven members and, after such interval as may be prescribed in Standing Orders, the President of the Senate or the Senator presiding ascertains that the number of members present is less than eleven, the Senate is thereupon be adjourned in accordance with Standing Orders.
(2) If objection is taken by a member of the House of Assembly present that there are present, besides the Speaker or the member presiding, fewer than twenty-five of the members and, after such interval as may be prescribed in Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than twenty-five, the House of Assembly is thereupon be adjourned in accordance with Standing Orders.
Section 55 Validity of proceedings
Subject to the provisions of section 54, the Senate or the House of Assembly may not be disqualified for the transaction of business by reason of any vacancy among the members thereof or the suspension of a member in accordance with section 42 or 43, and any proceedings therein is valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Assembly or otherwise took part in the proceedings.
Section 56 Voting
(1) Save as otherwise provided in this Constitution, all questions proposed for decision at a sitting of the Senate or the House of Assembly is determined by a majority of the votes of the members present and voting.
(2) If, upon any question before the Senate or the House of Assembly, the votes of the members are equally divided, the motion is lost.
(3) The person presiding at a sitting of the Senate or the House of Assembly may not have a deliberative or a casting vote.
Section 57 Standing Orders
(1) Subject to the provisions of this Constitution and any other law, the Senate and the House of Assembly, jointly or severally as may be appropriate, may make Standing Orders with respect to
(a) the passing of Bills;
(b) presiding in the Senate or the House of Assembly;
(c) any matter in connection with which Standing Orders are required to be made by this Constitution; and
(d) generally with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Assembly.
(2) Standing Orders made in terms of subsection (1) is provide for the appointment, membership and functions of a Committee on Standing Rules and Orders.
Part 6 Elections and Sessions
Section 58 Elections
(1) A general election and elections for members of the governing bodies of local authorities are held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament under section 63(7) or, as the case may be, the dissolution of Parliament under section 63(4) as the President may, by proclamation in the Gazette, fix.
(2) […]
(3) The qualifications and disqualifications for registration as a voter and for voting at elections are as prescribed in Schedule 3 and, subject thereto, by the Electoral Law.
(4) An Act of Parliament is make provision for the election of members of Parliament, including elections for the purpose of filling casual vacancies.
Section 59 Delimitation Commission
[…]
Section 60 Delimitation of constituencies
[…]
Section 61 Zimbabwe Electoral Commission
(1) There is a commission to be known as the Zimbabwe Electoral Commission which is consist of
(a) a chairman who is a judge of the High Court or the Supreme Court or a person qualified to be appointed as a judge of the High Court or the Supreme Court appointed by the President after consultation with the Judicial Service Commission; and
(b) six other members, at least three of whom is women, appointed by the President from a list of nine nominees submitted by the Committee on Standing Rules and Orders.
(2) If the appointment of a chairman of the Zimbabwe Electoral Commission is not consistent with any recommendation of the Judicial Service Commission in terms of subsection (1)(a), the President is cause the Senate to be informed as soon as practicable.
(3) A member of the Zimbabwe Electoral Commission is, before entering upon his office, take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the oath of office in the forms set out in Schedule 1.
(4) The Zimbabwe Electoral Commission is have the following functions
(a) to prepare for, conduct and supervise
(i) elections to the office of President and to Parliament; and
(ii) elections to the governing bodies of local authorities; and
(iii) referendums;
and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;
(b) to supervise the registration of voters by the authority charged with that responsibility under the Electoral Law; and
(c) to compile voters’ rolls and registers; and
(d) to ensure the proper custody and maintenance of voters’ rolls and registers; and
(e) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres; and
(f) to conduct voter education; and
(g) to accredit observers of elections and referendums in accordance with an Act of Parliament; and
(h) to give instructions to
A. the Registrar-General of Voters in regard to the exercise of his functions under the Electoral Law or any other law; and
B. other persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, proper, free and fair conduct of any election or referendum;
and
(h1) to determine the limits
(i) of the constituencies into which Zimbabwe is to be divided; and
(ii) of wards into which local authority areas to be divided;
and perform other functions in accordance with section 61A; and
(i) to exercise any other functions that may be conferred or imposed on the Commission by the Electoral Law or any other law.
(5) The Zimbabwe Electoral Commission may not , in the exercise of its functions in terms of subsection (4), be subject to the direction or control of any person or authority.
(6) There is charged upon and paid out of the Consolidated Revenue Fund
(a) sufficient funds appropriated to the Zimbabwe Electoral Commission to enable it to exercise its functions in terms of subsection (4);
(b) to the members of the Zimbabwe Electoral Commission such salaries, allowances, pension and other benefits as may from time to time be prescribed by or under an Act of Parliament.
(7) The salary, allowances and other benefits payable to a member of the Zimbabwe Electoral Commission may not be reduced during his tenure of office.
(8) An Act of Parliament
(a) is make provision for
(i) the terms of office of members of the Zimbabwe Electoral Commission;
(ii) the qualifications or eligibility of any person to be appointed as a member of the Commission in terms of subsection (1)(b);
(iii) the vacation of or removal from office of any member of the Commission who becomes disqualified or ineligible as a member or on the grounds of misconduct or inability to hold office as a member;
(iv) the procedure at meetings of the Commission;
(v) the appointment and functions of a chief executive of the Commission to manage the funds and affairs of the Commission;
(vi) the making of reports to Parliament on the conduct of any election or referendum;
(b) may make provision for
(i) functions related to elections and referendums that are additional to those specified in subsection (4); and
(ii) the manner in which the Zimbabwe Electoral Commission is exercise its functions; and
(iii) the appointment and discipline of the staff of the Commission.
Section 61A Delimitation of wards and constituencies
(1) The Zimbabwe Electoral Commission is, no later than the date notified to it by the President, being a date no later than three months before the date fixed or to be fixed by a proclamation as the date on which Parliament is dissolved under section 63(7) or, as the case may be, the date of the dissolution of Parliament under section 63(4), determine, in accordance with subsections (2) to (7), the limits of the wards and constituencies into which Zimbabwe is to be divided for the purpose of electing members of the governing bodies of local authorities and members of Parliament respectively:
Provided that the Commission is produce a preliminary report in terms of subsection (8) no later than one month before the date fixed or to be fixed by a proclamation as the date on which Parliament is dissolved under section 63(7) or, as the case may be, the date of the dissolution of Parliament under section 63(4).
(2) For the purpose of the election of members of the governing bodies of local authorities, local authority areas are divided into such number of wards as the Commission is determine.
(3) Zimbabwe is, for the purpose of the election of members of Parliament, be divided into two hundred and ten House of Assembly constituencies and sixty senatorial constituencies.
(4) Subject to subsections (5) and (6), the boundaries of the House of Assembly constituencies are such that at the time of delimitation the number of voters registered in each House of Assembly constituency is as nearly as may be equal to the number of voters registered in each of the other House of Assembly constituencies.
(5) In delimiting
(a) the boundaries of wards, the Commission is ensure that no ward is divided between two or more local authority areas; and
(b) the House of Assembly constituencies, the Commission is ensure that no ward is divided between two or more House of Assembly constituencies.
(6) In dividing Zimbabwe into wards and House of Assembly constituencies the Zimbabwe Electoral Commission is, in respect of any area, give due consideration to
(a) its physical features;
(b) the means of communication within the area;
(c) the geographical distribution of registered voters;
(d) any community of interest as between registered voters; and
(e) in the case of any delimitation after the first delimitation consequent upon an alteration in the number of House of Assembly constituencies, existing electoral boundaries;
and whenever it appears necessary to do so in order to give effect to the provisions of this subsection in relation to House of Assembly constituencies, the Commission may depart from the requirements of subsection (4), but in no case to any greater extent than twenty per centum more or less than the average number of registered voters in House of Assembly constituencies.
(7) After delimiting the wards and House of Assembly constituencies, the Commission is divide each province into six senatorial constituencies by assigning to each senatorial constituency a House of Assembly constituency or two or more contiguous House of Assembly constituencies, and in so doing the Commission may be guided but not bound by any principle or consideration specified in subsections (4) and (6).
(8) The Zimbabwe Electoral Commission is submit to the President a preliminary report comprising
(a) a list of wards and House of Assembly constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
(b) a list of senatorial constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
(c) a map or maps showing the wards and House of Assembly and senatorial constituencies into which Zimbabwe has been divided by the Commission; and
(d) any further information or particulars which the Commission considers necessary;
and the President is cause the report to be laid before Parliament within the next seven days after he has received it.
(9) No earlier than seven days after the President has caused the preliminary report of the Zimbabwe Electoral Commission to be laid before Parliament in terms of subsection (8), the President may refer back to the Commission for its further consideration and final decision any matter arising out of its report.
(10) If there appears to be any discrepancy between the description of the boundaries of any ward or House of Assembly constituency and the map or maps, the description is prevail.
(11) Within fourteen days after receiving the Zimbabwe Electoral Commission’s final report the President is publish a proclamation in the Gazette declaring the names and boundaries of the wards and the House of Assembly and senatorial constituencies as finally determined by the Commission to be the wards and House of Assembly and senatorial constituencies of Zimbabwe, and those boundaries have effect for the purposes of the next and any subsequent general election.
Section 62 Sessions
(1) Subject to the provisions of subsection (2), the sessions of Parliament is held in such place and isgin at such time as the President may, by proclamation in the Gazette, fix.
(2) There is a session of Parliament beginning in every calendar year so that a period of more than one hundred and eighty days may not intervene between the last sitting of either House in any one session and the first sitting of Parliament in the next session.
Section 63 Prorogation or dissolution
(1) The President may at any time prorogue Parliament.
(2) Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.
(3) […]
(4) Parliament, unless sooner dissolved, is last for five years, which period is deemed to commence on the day the person elected as President enters office in terms of section 28(5) after an election referred to in section 28(3)(a), and is then stand dissolved:
Provided that, where the period referred to in this subsection is extended under subsection (5) or (6), Parliament, unless sooner dissolved, is stand dissolved on the expiration of that extended period.
(5) At any time when Zimbabwe is at war, Parliament may from time to time extend the period specified in subsection (4) by not more than one year at a time:
Provided that such period may not be extended under this subsection for more than five years.
(6) At any time when there is in effect a declaration under section 31J(1), Parliament may from time to time extend the period specified in subsection (4) by not more than six months at a time:
Provided that such period may not be extended under this subsection for more than one year.
(7) Subject to the provisions of subsection (4), any prorogation or dissolution of Parliament is by proclamation in the Gazette and, in the case of a dissolution, is take effect from the day preceding the day or first day, as the case may be, fixed by proclamation in accordance with section 58(1) for the holding of a general election.
(8) On the dissolution of Parliament all proceedings pending at the time is terminated and accordingly every Bill, motion, petition or other business lapses.
Chapter VI [replaced by Chapter IV above]
Section 64 [repealed]
[…]
Section 65 [repealed]
[…]
Section 66 [repealed]
[…]
Section 67 [repealed]
[…]
Section 68 [repealed]
[…]
Section 69 [repealed]
[…]
Section 70 [repealed]
[…]
Section 71 [repealed]
[…]
Section 72 [repealed]
[…]
Chapter VII The Public Service
Section 73 Public Service
(1) There is a Public Service for the administration of the country.
(2) An Act of Parliament is make provision for the organization, administration and discipline of the Public Service, including the appointment of persons to posts or grades in the Public Service, their removal from office or reduction in grade, their punishment for misconduct and the fixing of their conditions of service.
(3) […]
Section 74 Public Service Commission
(1) There is a Public Service Commission which is consist of a chairman and not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1) is chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and the chairman and at least one other member is persons who have held a post or posts of a senior grade in the Public Service for periods which in the aggregate amount to at least three years.
(3) The chairman may delegate to another member of the Public Service Commission his functions as chairman of the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission.
Section 75 Functions of Public Service Commission
The functions of the Public Service Commission is to tender such advice and do such other things in relation to the Public Service as are provided for by this Constitution or by or under an Act of Parliament.
Section 76 Attorney-General
(1) There is an Attorney-General who is the principal legal adviser to the Government and whose office is a public office but may not form part of the Public Service.
(2) The Attorney-General is appointed by the President after consultation with the Judicial Service Commission.
(3) Before entering upon his office, the Attorney-General is take and subscribe before the President or some person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1.
(3a) A person may not be qualified to hold or act in the office of Attorney-General unless he is qualified for appointment as a judge of the Supreme Court or the High Court.
(3b) The Attorney-General is, ex officio, be
(a) a member of the Cabinet, but may not have the right to vote therein; and
(b) a member of Parliament, but
(i) may not have the right to vote therein; and
(ii) may not be eligible for election or appointment to any office, post or committee of Parliament.
(4) The Attorney-General is have power in any case in which he considers it desirable so to do
(a) to institute and undertake criminal proceedings before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in such proceedings;
(b) to take over and continue criminal proceedings that have been instituted by any other person or authority before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in proceedings so taken over by him; and
(c) to discontinue at any stage before judgment is delivered any criminal proceedings he has instituted under paragraph (a) or taken over under paragraph (b) or any appeal prosecuted or defended by him from any determination in such proceedings.
(4a) The Attorney-General may require the Commissioner-General of Police to investigate and report to him on any matter which, in the Attorney-General’s opinion, relates to any criminal offence or alleged or suspected criminal offence, and the Commissioner-General of Police is comply with that requirement.
(5) The powers of the Attorney-General under subsection (4) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions.
(6) The powers of the Attorney-General under subsection (4)(b) and (c) is vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection is prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been arraigned before the court.
(7) In the exercise of his powers under subsection (4) or (4a), the Attorney-General may not be subject to the direction or control of any person or authority.
(8) The provisions of subsection (4) is apply in relation to any case stated or question of law reserved for the purposes of any criminal proceedings to any other court as they apply in relation to an appeal from any determination in criminal proceedings.
(9) There is one or more Deputy Attorneys-General whose offices are public offices but may not form part of the Public Service.
(10) A Deputy Attorney-General is appointed by the President after consultation with the Judicial Service Commission.
(11) A person may not be qualified to hold or act in the office of Deputy Attorney-General unless he is qualified for appointment as a judge of the Supreme Court or the High Court.
(12) A Deputy Attorney-General is assist the Attorney-General in the exercise of his functions, and is perform such other functions as the Attorney-General may assign to him.
(13) The Deputy Attorney-General or, if there is more than one such Deputy, a Deputy Attorney-General designated by the President, is act as Attorney-General whenever the office of Attorney-General is vacant or the Attorney-General is for any reason unable to perform the functions of his office:
Provided that a Deputy Attorney-General who acts may not
(a) be a member of the Cabinet; or
(b) be entitled to sit or speak in Parliament.
(14) […]
(14a) The Attorney-General and every Deputy Attorney-General is hold office on such terms and conditions, including terms and conditions relating to the payment of salary, allowances and pension, as the President may fix, and any amounts so payable is charged upon and paid out of the Consolidated Revenue Fund.
(15) The salary and allowances payable to the Attorney-General or a Deputy Attorney-General under subsection (14) or (14a) may not be reduced during the period he holds or acts in that office.
Section 77 Secretaries of Ministries, etc.
(1) The power to appoint persons to hold the office of Secretary to the Cabinet or Secretary of a Ministry is vest in the President after consultation with the Public Service Commission.
(2) If the appointment of a Secretary by the President is not consistent with any recommendation made by the Public Service Commission in terms of subsection (1), the President causes the Senate to be informed as soon as is practicable.
Section 78 Principal representatives of Zimbabwe abroad
The power to appoint persons to hold the office of ambassador or other principal representative of Zimbabwe in any other country or accredited to any international organization and to remove such persons from office is vest in the President:
Provided that before appointing to any such office a person who holds or is acting in some other public office, the President is consult the Public Service Commission or, if that person holds an appointment in the Police Force, the Defence Forces or the Prison Service, the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission, as the case may be.
Chapter VIII The Judiciary
Section 79 Judicial authority
(1) The judicial authority of Zimbabwe is vest in
(a) the Supreme Court; and
(b) the High Court; and
(c) such other courts subordinate to the Supreme Court and the High Court as may be established by or under an Act of Parliament.
(2) The provisions of subsection (1) may not be construed as preventing an Act of Parliament from
(a) vesting adjudicating functions in a person or authority other than a court referred to in subsection (1); or
(b) vesting functions other than adjudicating functions in a court referred to in subsection (1) or in a member of the judiciary.
Section 79A Judiciary
The judiciary of Zimbabwe is consist of
(a) the Chief Justice, who is the head of the judiciary; and
(b) the Deputy Chief Justice and the other judges of the Supreme Court; and
(c) the Judge President and the other judges of the High Court; and
(d) persons presiding over other courts subordinate to the Supreme Court and the High Court that are established by or under an Act of Parliament.
Section 79B Independence of judiciary
In the exercise of his judicial authority, a member of the judiciary may not be subject to the direction or control of any person or authority, except to the extent that a written law may place him under the direction or control of another member of the judiciary.
Section 80 Supreme Court
(1) There is a Supreme Court which is a superior court of record and the final court of appeal for Zimbabwe and is have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
(2) The Supreme Court is consist of
(a) the Chief Justice
(b) the Deputy Chief Justice;
(c) such other judges of the Supreme Court, being not less than two, as the President may deem necessary; and
(d) such other judges as have been appointed under subsection (3).
(2a) The Deputy Chief Justice is act as Chief Justice whenever the office of Chief Justice is vacant or the Chief Justice is absent from Zimbabwe or is unable to perform the functions of his office by reason of illness or any other cause.
(3) If the services of an additional judge are required for a limited period, the Chief Justice may appoint a person who holds the office of judge of the High Court or who has held office as a judge of the Supreme Court or the High Court to act as a judge of the Supreme Court for such period as may be specified by the Chief Justice.
(4) An Act of Parliament may provide for the conferring, by way of rules of court, upon a registrar of the Supreme Court, duly appointed thereto, of the jurisdiction and powers of the Supreme Court in civil cases in respect of
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
Provided that any such Act of Parliament is provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the Supreme Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
Section 81 High Court and criminal jurisdiction of other courts
(1) There is a High Court which is a superior court of record and is have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.
(2) The High Court is consist of
(a) the Chief Justice;
(b) the Judge President of the High Court who is, subject to the directions of the Chief Justice, be in charge of the High Court;
(c) such other judges of the High Court as may from time to time be appointed.
(3) The Chief Justice may, from time to time, after consultation with the Judge President of the High Court, appoint a judge of the Supreme Court to act as a judge of the High Court.
(4) No law, other than a disciplinary law, is confer jurisdiction in criminal matters upon a court or other adjudicating authority, other than the Supreme Court or the High Court, which did not have such jurisdiction before the appointed day:
Provided that the provisions of this subsection may not apply to a law which confers any such jurisdiction on a court in terms of which the only penalty that may be imposed by the court is a monetary one.
(5) An Act of Parliament may provide for the conferring, by way of rules of court, upon a registrar of the High Court, duly appointed thereto, of the jurisdiction and powers of the High Court in civil cases in respect of
(a) the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;
(b) deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:
Provided that any such Act of Parliament is provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the High Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.
Section 82 Qualifications of judges
(1) A person may not be qualified for appointment as a judge of the Supreme Court or the High Court unless
(a) he is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language; or
(b) he is and has been for not less than seven years, whether continuously or not, qualified to practise as a legal practitioner
(i) in Zimbabwe:
(ii) in a country in which the common law is Roman-Dutch and English is an official language; or
(iii) if he is a citizen of Zimbabwe, in a country in which the common law is English and English is an official language.
(2) In computing, for the purposes of subsection (1)(b), the period during which any person has been qualified to practise as a legal practitioner
(a) any period during which he was qualified to practise as an advocate or attorney in Zimbabwe is included; and
(b) any period during which he has held judicial office, whether in or outside Zimbabwe, after having so qualified as a legal practitioner is included;
and the reference in subsection (1)(b) to a legal practitioner is include a reference to persons in other jurisdictions who have comparable functions or who have been admitted to practise the profession of law as advocates or attorneys by whatever name they may be called.
Section 83 Oath of office
The Chief Justice, Deputy Chief Justice, Judge President and other judges of the Supreme Court and the High Court, including an acting judge, is, before entering upon his office, take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the judicial oath in the forms set out in Schedule 1:
Provided that where a person is appointed in terms of section 80(3) or 81(3) to act as a judge of the Supreme Court or the High Court, as the case may be, it may not be necessary for such person to take and subscribe the oaths referred to in this section in respect of such appointment.
Section 84 Appointment of judges
(1) The Chief Justice, Deputy Chief Justice, Judge President and other judges of the Supreme Court and the High Court is appointed by the President after consultation with the Judicial Service Commission.
(2) If the appointment of a Chief Justice, Deputy Chief Justice, Judge President or a judge of the Supreme Court or the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of subsection (1), the President causes the Senate to be informed as soon as is practicable.
(3) The appointment of a judge in terms of this section, whether made before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 4) Act, 1984, may be made for a fixed period and any judge so appointed may, notwithstanding that the period of his appointment has expired, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced or heard by him while he was in office.
Section 85 Acting judges
(1) If the offices of the Chief Justice and the Deputy Chief Justice are vacant or the Chief Justice and the Deputy Chief Justice are for any reason unable to perform the functions of their offices, the President may, after consulting the Judicial Service Commission, appoint some person holding the office of judge of the Supreme Court or Judge President of the High Court to act as Chief Justice.
(2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office.
(3) A person appointed to act under subsection (2)
(a) is, subject to the provisions of section 87, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, after consultation with the Judicial Service Commission; and
(b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was so acting.
Section 86 Tenure of office of judges
(1) Subject to the provisions of section 87, a judge of the Supreme Court or the High Court is retire when he attains the age of sixty-five years unless, before he attains that age, he has elected to retire on attaining the age of seventy years:
Provided that
(a) an election under this subsection is subject to the submission to, and acceptance by, the President, after consultation with the Judicial Service Commission, of a medical report as to the mental and physical fitness of the judge so to continue in office;
(b) the provisions of this subsection may not apply to an acting judge or a judge who has been appointed for a fixed period of office;
(2) A judge of the Supreme Court or the High Court may at any time resign his office by notice in writing to the President.
(3) The office of a judge of the Supreme Court or the High Court may not , without his consent, be abolished during his tenure of office.
(4) A judge of the Supreme Court or the High Court may, notwithstanding that he has attained the age at which he is required by subsection (1) to retire, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was in office.
Section 87 Removal of judges from office
(1) A judge of the Supreme Court or the High Court may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour and may not be so removed except in accordance with the provisions of this section.
(2) If the President considers that the question of the removal from office of the Chief Justice ought to be investigated, the President is appoint a tribunal to inquire into the matter.
(3) If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President is appoint a tribunal to inquire into the matter.
(4) A tribunal appointed under subsection (2) or (3) is consist of not less than three members selected by the President from the following
(a) persons who have held office as a judge of the Supreme Court or the High Court;
(b) persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language;
(c) legal practitioners of not less than seven years’ standing who have been nominated under subsection (5);
one of whom is designated by the President as chairman.
(4a) In computing, for the purposes of subsection (4)(c), the period during which a person has had standing as a legal practitioner, any period during which he has had standing as an advocate or attorney in Zimbabwe is included.
(5) It is the duty of the association which is constituted under an Act of Parliament and which represents legal practitioners practising in Zimbabwe to nominate a panel containing the names of not less than three duly qualified legal practitioners for the purposes of subsection (4)(c) when so required by the President.
(6) A tribunal appointed under subsection (2) or (3) is inquire into the matter and report on the facts thereof to the President and recommend to the President whether or not he should refer the question of the removal of the judge from office to the Judicial Service Commission, and the President is act in accordance with such recommendation.
(7) The provisions of the Commissions of Inquiry Act [Chapter 80] as in force at the time or any other law substituted for the same is, mutatis mutandis, apply in relation to a tribunal appointed under subsection (2) or (3) as they apply to commissioners appointed under that Act.
(8) If the question of removing a judge of the Supreme Court or the High Court from office has been referred to a tribunal under subsection (2) or (3), the judge is suspended from performing the functions of his office until the President, on the recommendation of the tribunal or the Judicial Service Commission, revokes the suspension or the judge is removed from office in accordance with subsection (9).
(9) If the question of the removal of a judge has been referred to the Judicial Service Commission in accordance with subsection (6) and the Commission advises that the judge be removed from office, the President is, by order under the public seal, remove the judge from office.
Section 88 Remuneration of judges
(1) There is charged upon and paid out of the Consolidated Revenue Fund to a person who holds the office of or is acting as Chief Justice, Deputy Chief Justice, a judge of the Supreme Court, Judge President of the High Court or a judge of the High Court such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
(2) The salary and allowances payable to a person under subsection (1) may not be reduced during the period he holds the office concerned or acts as holder thereof.
Section 89 Law to be administered
Subject to the provisions of any law for the time being in force in Zimbabwe relating to the application of African customary law, the law to be administered by the Supreme Court, the High Court and by any courts in Zimbabwe subordinate to the High Court is the law in force in the Colony of the Cape of Good Hope on 10th June, 1891, as modified by subsequent legislation having in Zimbabwe the force of law.
Section 90 Judicial Service Commission
(1) There is a Judicial Service Commission which is consist of
(a) the Chief Justice or, if there is no Chief Justice or the Chief Justice is not available, the Deputy Chief Justice;
(b) the Chairman of the Public Service Commission;
(c) the Attorney-General;
(d) no less than two or more than three other members appointed, subject to the provisions of subsection (2), by the President.
(2) One of the members appointed under subsection (1)(d) is a person who
(a) is or has been a judge of the Supreme Court or the High Court; or
(b) is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or
(c) possesses such legal qualifications and has had such legal experience as the President considers suitable and adequate for his appointment to the Judicial Service Commission;
and the other members are chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment.
(3) In computing, for the purpose of subsection (2)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe is included.
Section 91 Functions of Judicial Service Commission
(1) The functions of the Judicial Service Commission is to tender such advice and do such things in relation to the judiciary as are provided for by this Constitution or by or under an Act of Parliament.
(2) An Act of Parliament referred to in subsection (1) may confer on the Judicial Service Commission functions in connection with the employment, discipline and conditions of service of such officers and persons employed in
(a) the Supreme Court, the High Court and other courts subordinate to the Supreme Court and the High Court; and
(b) the office of the Public Protector;
as are specified in such Act.
Section 92 Persons presiding over special courts
(1) The power to appoint persons to preside over a special court is vest in the President, after consultation with the Judicial Service Commission:
Provided that Parliament may provide that the Chief Justice may, after consulting the Judicial Service Commission, appoint a person holding the office of judge of the High Court to preside over a special court for such period as he may specify.
(2) During the term of office of a person appointed to preside over a special court his conditions of service may not be amended and his office may not be abolished without his consent.
(3) Notwithstanding the provisions of subsection (2), an Act of Parliament may
(a) vest the functions of a special court in another special court if such Act provides that any person who has been appointed to preside over the first-mentioned court is deemed to have been appointed to preside over the second-mentioned court; and
(b) effect a change in the designation of the person referred to in paragraph (a).
(4) In this section, “special court” means
(a) the Administrative Court established by section 3 of the Administrative Court Act [Chapter 7:07];
(a1) the Fiscal Appeal Court established by section 3 of the Fiscal Appeal Court Act [Chapter 23:05];
(a2) the Special Court for Income Tax Appeals established by section 64 of the Income Tax Act [Chapter 23:06];
(a3) any court or other adjudicating authority established by law which exercises any function that was vested in a court referred to in paragraph (a), (a1) or (a2) on the date of commencement of the Constitution of Zimbabwe Amendment (No. 15) Act, 1998;
(b) any court or other adjudicating authority established by law, other than
(i) a local court; or
(ii) a court established by or under a disciplinary law; or
(iii) a court established by or under an Act of Parliament for the adjudication of small civil claims;
if there is no right of appeal, directly or indirectly, from a decision of that court or adjudicating authority to the Supreme Court or the High Court;
(c) any court or other adjudicating authority established by law which is declared by that law to be a special court for the purposes of this section.
Chapter IX The Police Force
Section 93 Police Force and Commissioner-General of Police
(1) There is a Police Force which, together with such other bodies as may be established by law for the purpose, is have the function of preserving the internal security of and maintaining law and order in Zimbabwe.
(2) Subject to the provisions of an Act of Parliament, the Police Force is under the command of the Commissioner-General of Police, who is appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
(3) An Act of Parliament is make provision for the organization, administration and discipline of the Police Force, including the appointment of persons to offices or ranks in the Police Force, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
Section 94 Police Service Commission
(1) There is a Police Service Commission which is consist of
(a) a chairman who, subject to the provisions of section 74(3), is the chairman of the Public Service Commission; and
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1)(b) is chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member is a person who has held senior rank in the Police Force for periods which in the aggregate amount to at least five years.
Section 95 Functions of Police Service Commission
The functions of the Police Service Commission is to tender such advice and do such other things in relation to the Police Force as are provided for by this Constitution or by or under an Act of Parliament.
Chapter X The Defence Forces
Section 96 Defence Forces and command thereof
(1) For the purpose of defending Zimbabwe, there is Defence Forces consisting of an Army, an Air Force and such other branches, if any, of the Defence Forces as may be provided for by or under an Act of Parliament.
(2) The supreme command of the Defence Forces is vest in the President as Commander-in-Chief and, in the exercise of his functions as such, the President is have power to determine the operational use of the Defence Forces.
(3) Subject to the provisions of subsection (2) and any Act of Parliament, the Defence Forces are under the command of a Commander:
Provided that an Act of Parliament may provide that the different branches of the Defence Forces, or any one or more of them, is under the command of different Commanders.
(4) The Commander of the Defence Forces, and every Commander of a branch of the Defence Forces, is appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
(5) An Act of Parliament is make provision for the organization, 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.
Section 97 Defence Forces Service Commission
(1) There is a Defence Forces Service Commission which is consist of
(a) a chairman who, subject to the provisions of section 74(3), is the chairman of the Public Service Commission; and
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1) is chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member is a person who has held senior rank in the Defence Forces for periods which in the aggregate amount to at least five years.
Section 98 Functions of Defence Forces Service Commission
The functions of the Defence Forces Service Commission is to tender such advice and do such other things in relation to the Defence Forces as are provided for by this Constitution or by or under an Act of Parliament.
Chapter XA The Prison Service
Section 99 Prison Service and Commissioner of Prisons
(1) There is a Prison Service for the administration of prisons in Zimbabwe and for the protection of society from criminals through the incarceration and rehabilitation of offenders and their re-integration into society.
(2) Subject to the provisions of an Act of Parliament, the Prison Service is under the command of the Commissioner of Prisons, who is appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
(3) An Act of Parliament is make provision for the organization, 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.
Section 100 Prison Service Commission
(1) There is a Prison Service Commission which is consist of
(a) a chairman who, subject to the provisions of section 74(3), is the chairman of the Public Service Commission; and
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1)(b) is chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment as members, and at least one such member is a person who has held the rank of Superintendent or any more senior rank in the Prison Service for periods which in the aggregate amount to at least five years.
Section 100A Functions of Prison Service Commission
The functions of the Prison Service Commission is to tender such advice and do such other things in relation to the Prison Service as are provided for by this Constitution or by or under an Act of Parliament.
Chapter XI Finance
Section 101 Consolidated Revenue Fund
All fees, taxes and other revenues of Zimbabwe from whatever source arising, not being moneys that
(a) are payable by or under an Act of Parliament into some other fund established for a specific purpose; or
(b) may, by or under an Act of Parliament, be retained by the authority that received them for the purpose of defraying the expenses of that authority;
is paid into and form one Consolidated Revenue Fund.
Section 102 Withdrawals from Consolidated Revenue Fund or other public fund
(1) No moneys are withdrawn from the Consolidated Revenue Fund except
(a) to meet expenditure that is charged upon that Fund by this Constitution or by an Act of Parliament; or
(b) where the issue of those moneys has been authorized by an Appropriation or other Act made pursuant to the provisions of section 103.
(2) Where any moneys are charged by this Constitution or an Act of Parliament upon the Consolidated Revenue Fund or any other public fund, they is paid out of that fund by the Government to the person or authority to whom payment is due.
(3) No moneys are withdrawn from any public fund, other than the Consolidated Revenue Fund, unless the issue of those moneys has been authorized by or under an Act of Parliament.
(4) An Act of Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Revenue Fund or any other public fund.
(5) The investment of moneys forming part of the Consolidated Revenue Fund is made in such manner as may be prescribed by or under an Act of Parliament.
(6) Notwithstanding the provisions of subsection (1), provision may be made by or under an Act of Parliament authorizing withdrawals to be made from the Consolidated Revenue Fund for the purpose of making repayable advances.
Section 103 Authorization of expenditure from Consolidated Revenue Fund
(1) The Minister for the time being responsible for finance is cause to be prepared and laid before the House of Assembly, on a day on which the House sits, before or not later than thirty days after the start of each financial year estimates of the revenue and expenditure of Zimbabwe for that financial year:
Provided that if, by reason of the prorogation or dissolution of Parliament, the provisions of this subsection cannot be complied with, the estimates of the revenue and expenditure is laid before the House of Assembly, on a day on which the House sits not later than thirty days after the date on which the House first meets after that prorogation or dissolution.
(2) When the estimates of expenditure, other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or an Act of Parliament, have been approved by the House of Assembly, a Bill, to be known as an Appropriation Bill, is introduced into the House providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
(3) If in respect of any financial year it is found that the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that Act, a supplementary estimate showing the sums required is laid before the House of Assembly and, when such estimates have been approved by the House, a supplementary Appropriation Bill is introduced into the House providing for the issue of such sums from the Consolidated Revenue Fund and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
(4) An Act of Parliament may make provision for the President, where he is satisfied that there is an urgent need for expenditure which was unforeseen or the extent of which was unforeseen and for which no other provision exists, to authorize the withdrawal from the Consolidated Revenue Fund of moneys for the purpose of meeting that expenditure and any moneys so withdrawn is included in supplementary or additional estimates which is laid before the House of Assembly on one of the fourteen days on which the House sits next after the authorization of such withdrawal and, when such estimates have been approved by the House, a supplementary or additional Appropriation Bill is introduced into the House providing that the sums so withdrawn is charged upon the Consolidated Revenue Fund and that they is appropriated, under separate votes for the several heads of expenditure approved, to the purposes specified therein:
Provided that the aggregate of all moneys so authorized to be withdrawn may not at any one time prior to the consequential estimates having been approved by the House of Assembly exceed one and one-half per centum of the total amount appropriated in the last main Appropriation Act.
(5) If in respect of any financial year it is found that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose under this Chapter or for a purpose to which no amount has been appropriated under this Chapter, the Minister for the time being responsible for finance is cause to be introduced into the House of Assembly on one of the fourteen days on which the House sits next after the extent of the unauthorized expenditure has been established a Bill providing for the condonation of such unauthorized expenditure.
(6) An Act of Parliament may make provision under which, if the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the President may authorize the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period commencing with the beginning of that financial year and expiring four months thereafter or on the coming into operation of the Act, whichever is the earlier:
Provided that
(a) the aggregate of all moneys so authorized to be withdrawn may not exceed one-third of the sums included in the estimates of expenditure for the preceding financial year that have been laid before the House of Assembly;
(b) any moneys so withdrawn is included in the Appropriation Act under separate votes and is accounted for in accordance with the provisions thereof.
(7)An Act of Parliament may make provision under which, where at any time Parliament has been dissolved before any provision or sufficient provision is made under this Chapter for the carrying on of the government of Zimbabwe, the President may authorize the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period beginning on the dissolution of Parliament and expiring three months after the day on which the House of Assembly first meets after that dissolution and any moneys so withdrawn is included in an Appropriation Act under separate votes and is accounted for in accordance with the provisions thereof.
Section 104 Public debt
(1) All debt charges for which the Government is liable is charged upon the Consolidated Revenue Fund.
(2) The costs and charges and expenses incurred incidental to the collection and management of the Consolidated Revenue Fund is form the first charge thereon.
(3) For the purposes of this section, debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Revenue Fund and the service and redemption of debt created thereby.
Section 105 Comptroller and Auditor-General
(1) There is a Comptroller and Auditor-General whose office is a public office but may not form part of the Public Service.
(2) The Comptroller and Auditor-General is appointed by the President after consultation with the Public Service Commission.
(2a) If the appointment of a Comptroller and Auditor-General by the President is not consistent with any recommendation made by the Public Service Commission, the President is cause the Senate to be informed as soon as is practicable.
(3) A person may not be qualified to hold or act in the office of Comptroller and Auditor-General unless he has held the post of Secretary of, or Deputy Secretary or Under Secretary in, a Ministry or a post in the Public Service of a grade equivalent to or higher than that of Under Secretary for periods which in the aggregate amount to at least five years.
(4) The Comptroller and Auditor-General is, subject to the provisions of subsection (5), hold office on such terms and conditions as are fixed by the President after consultation with the Public Service Commission.
(5) The Comptroller and Auditor-General may only be removed from office by the President if the House of Assembly has resolved by the affirmative votes of more than one-half of its total membership that he be removed from office for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour.
Section 106 Functions of Comptroller and Auditor-General
(1) The public accounts of Zimbabwe and of all accounting officers, receivers of revenue and other persons entrusted with public moneys or property of the State is at least once in every financial year be examined, audited and reported on by the Comptroller and Auditor-General on behalf of the House of Assembly:
Provided that if the Comptroller and Auditor-General is of the opinion that it would not be appropriate or expedient for him to examine and audit any particular account or fund or any particular class of documents, he may, by notice in writing, inform the Speaker and the Minister for the time being responsible for finance of his opinion and, unless otherwise directed by the House of Assembly, he may not make any examination, audit or report in relation thereto.
(2) It is the duty of the Comptroller and Auditor-General to satisfy himself that
(a) all moneys that have been appropriated by Parliament and disbursed have been applied to the purposes for which they were so appropriated and that the expenditure conforms to the authority that governs it; and
(b) all reasonable precautions have been taken to safeguard the collection of all fees, taxes and other revenues of the State and to safeguard and control property of the State.
(3) The Comptroller and Auditor-General and any officer authorized by him is have access to all books, records, returns, reports and other documents that, in his opinion, relate to any of the accounts referred to in subsection (1) and to all cash, stamps, securities, stores and other property of whatever kind that he considers it necessary to inspect in connection with any of those accounts and that is in the possession of any employee, agent or authority of the State.
(4) The Comptroller and Auditor-General is submit every report made by him in accordance with subsection (1) to the Minister for the time being responsible for finance who is, on one of the seven days on which Parliament sits next after he has received the report, lay it before Parliament.
(5) The Comptroller and Auditor-General is exercise in relation to the accounts of the State or the accounts of any authority, body or fund established directly by or under any Act of Parliament for special purposes specified in that Act such other functions as may be prescribed by or under an Act of Parliament.
(6)In the exercise of his functions under subsections (1), (2), (3) and (4), the Comptroller and Auditor-General may not be subject to the direction or control of any person or authority other than the House of Assembly.
Chapter XII Miscellaneous Provisions
Part I General
Section 107 Public Protector and Deputy Public Protector
(1) There is a Public Protector and, where the President has deemed it desirable, a Deputy Public Protector, whose offices are public offices but may not form part of the Public Service.
(2) The Public Protector and the Deputy Public Protector is appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders.
(3) If the appointment of a Public Protector or Deputy Public Protector is not consistent with any recommendation made by the Judicial Service Commission, the President is cause the Senate to be informed as soon as is practicable.
(4) The Deputy Public Protector is
(a) assist the Public Protector in the exercise of his functions and duties and the Public Protector may authorize him to exercise any of his functions or duties on his behalf;
(b) act as Public Protector whenever the office of the Public Protector is vacant or the Public Protector is for any reason unable to perform the functions of his office.
(5) An Act of Parliament may make provision for the qualifications and remuneration of the Public Protector and the Deputy Public Protector.
Section 108 Functions of Public Protector
(1) Subject to section 108B(7), the Public Protector may investigate action taken by any officer, person or authority referred to in subsection (2) in the exercise of the administrative functions of that officer, person or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court.
(2) Subject to such exceptions and conditions as may be prescribed by or under an Act of Parliament, the provisions of subsection (1) is apply in respect of any action taken by the following officers and authorities
(a) any Ministry or department or any member of such Ministry or department; and
(b) such other persons or authorities as may be prescribed by or under an Act of Parliament for the purposes of this paragraph.
(3) An Act of Parliament may confer other functions on the Public Protector, and may make provision for the exercise of his functions including, without prejudice to the generality of the foregoing, the officers and authorities whose actions are not subject to investigation by him.
Section 108A Anti-Corruption Commission
(1) There is an Anti-Corruption Commission consisting of at least four and not more than nine members appointed by the President.
(2) Persons appointed to the Anti-Corruption Commission is persons of integrity chosen for their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment, and
(a) at least one is entitled to practise as a legal practitioner; and
(b) at least one is entitled to practise as an auditor or public accountant in Zimbabwe; and
(c) at least one is have had not less than ten years’ experience in the investigation of crime.
(3) The Anti-Corruption Commission is have the following functions
(a) to combat corruption, theft, misappropriation, abuse of power and other improprieties in the conduct of affairs in both the public and private sectors;
(b) to make recommendations to the Government and to organisations in the private sector on measures to enhance integrity and accountability and to prevent improprieties; and
(c) to exercise any other functions that may be conferred or imposed on the Commission by or under an Act of Parliament.
(4) An Act of Parliament may confer powers on the Anti-Corruption Commission, including power
(a) to conduct investigations and inquiries on its own initiative or on receipt of complaints;
(b) to require assistance from members of the Police Force and other investigative agencies of the State; and
(c) through the Attorney-General, to secure the prosecution of persons for corruption, theft, misappropriation, abuse of power and other improprieties.
Section 108B Zimbabwe Human Rights Commission
(1) There is a commission to be known as the Zimbabwe Human Rights Commission which is consist of
(a) a chairman who has been qualified for at least five years to practise as a legal practitioner and who is appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and
(b) eight other members, at least four of whom is women, appointed by the President from a list of sixteen nominees submitted by the Committee on Standing Rules and Orders.
(2) If the appointment of a chairman of the Zimbabwe Human Rights Commission is not consistent with any recommendation of the Judicial Service Commission in terms of subsection (1)(a), the President is cause the Senate to be informed as soon as practicable.
(3) Persons appointed to the Zimbabwe Human Rights Commission is chosen for their knowledge of and experience in the promotion of social justice or the protection of human rights and freedoms.
(4) A member of the Zimbabwe Human Rights Commission is, before entering upon his office, take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the oath of office in the forms set out in Schedule 1.
(5) The Zimbabwe Human Rights Commission is have the following functions
(a) to promote awareness of and respect for human rights and freedoms at all levels of society;
(b) to promote the development of human rights and freedoms;
(c) to monitor and assess the observance of human rights in Zimbabwe;
(d) to recommend to Parliament effective measures to promote human rights and freedoms;
(e) to investigate the conduct of any authority or person, where it is alleged that any of the rights in the Declaration of Rights has been violated by that authority or person; and
(f) to assist the Minister responsible for the Act of Parliament referred to in subsection (8) to prepare any report required to be submitted to any regional or international body constituted or appointed for the purpose of receiving such reports under any human rights convention, treaty or agreement to which Zimbabwe is a party.
(6) The Zimbabwe Human Rights Commission may require any person, body, organ, agency or institution, whether belonging to or employed by the State, a local authority or otherwise, to provide the Commission annually with such information as it may need for the purpose of preparing and submitting any report required to be submitted to any regional or international body constituted or appointed for the purpose of receiving such reports under any human rights convention, treaty or agreement to which Zimbabwe is a party.
(7) The Zimbabwe Human Rights Commission is have power
(a) to take over and continue any investigation that has been instituted by the Public Protector in terms of section 108(1), where it determines that the dominant question in issue involves a matter pertinent to its function referred to in subsection (5)(e); or
(b) refer to the Public Protector for investigation in terms of section 108(1) any matter in respect of which it determines that the dominant question in issue involves a matter pertinent to the functions of Public Protector.
(8) An Act of Parliament may confer power on the Zimbabwe Human Rights Commission
(a) to conduct investigations on its own initiative or on receipt of complaints;
(b) to visit and inspect prisons, places of detention, refugee camps and related facilities in order to ascertain the conditions under which inmates are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places or facilities;
(c) to visit and inspect places where mentally disordered or intellectually handicapped persons are detained under any law in order to ascertain the conditions under which those persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places; and
(d) to secure or provide appropriate redress for violations of human rights and for injustice.
Section 109 General provisions as to Commissions, etc
(1) Save as is provided in this Constitution or an Act of Parliament, a Commission may not , in the exercise of its functions, be subject to the direction or control of any person or authority.
(2) An Act of Parliament may make provision for the powers and functions of a Commission and, without prejudice to the generality of the foregoing, may make provision for the disqualifications, tenure of office and remuneration of the members thereof, and may authorize the delegation of any power or function, other than the power to make appointments to, or to make recommendations or tender advice in respect of, any office established by this Constitution.
(3) […]
(4) Any decision of a Commission is require the concurrence of a majority of all the members thereof.
(5) The salary payable to a member of a Commission may not be reduced during his tenure of office.
(6) No law is
(a) increase or authorize an increase in
(i) the fixed salary or salary scale applicable to any post, grade or rank in the Public Service, Prison Service, Police Force or Defence Forces;
(ii) the bonuses or allowances payable to, or the privileges or benefits that may be granted to, members of any such Service or Force;
(iii) the rate of pensions, gratuities or other benefits payable to or in respect of such members;
(iv) the rate of leave that may be granted to or accrued by such members; or
(v) the number or level of posts;
or
(b) provide for a general decrease or permit a general decrease in the hours of work to be performed by such members;
unless the Minister for the time being responsible for finance, having regard to the financial implications, whether direct or indirect, has agreed thereto.
(7) No law is provide for or permit a reduction in the fixed salary or salary scale applicable to any member of the Public Service, Prison Service, Police Force or Defence Forces except when such member has been found guilty of misconduct or an offence against discipline, as the case may be, or has consented to such reduction.
(8) […]
(9) If there is any alteration in the ranks into which the Prison Service or the posts or grades into which the Public Service is divided, the appropriate Commission may, by order in the Gazette, specify some other rank, post or grade as being equivalent to that referred to in section 100(2) or 105(3), as the case may be, and the reference is thereafter be construed as including a reference to the rank, post or grade for the time being so specified.
(10) A person may not be eligible for appointment as a member of a Commission if he is a member of Parliament or any local authority.
(11) In this section
“appointing authority” means […]
“Commission” means the Public Service Commission, the Judicial Service Commission, the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission.
Section 110 Tenure of office of certain persons
(1) This section is apply to
(a) the Attorney-General and every Deputy Attorney-General; and
(a1) the Public Protector and Deputy Public Protector; and
(b) any member of the Judicial Service Commission appointed under section 90(1)(d); and
(c) any member of the Public Service Commission, the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission.
(2) A person to whom this section applies may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour and may not be so removed except in accordance with the provisions of this section.
(3) Such person is removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (5) and that tribunal has advised the President that he ought to be removed from office for inability to discharge the functions of his office or for misbehaviour.
(4) If the question of removing a person to whom this section applies has been referred to a tribunal appointed under subsection (5), the President may suspend that person from performing the functions of his office and any such suspension
(a) may at any time be revoked by the President; and
(b) is cease to have effect if the tribunal advises the President that the person should not be removed.
(5) The tribunal referred to in this section is consist of a chairman and two other members appointed by the President, and
(a) the chairman is a person who is or has been a judge of the Supreme Court or the High Court;
(b) at least one of the other members is a person who is and has been for not less than seven years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe.
(6) In computing, for the purposes of subsection (5)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe is included.
Section 111 Chiefs and Councils of Chiefs
(1) There is Chiefs to preside over the tribespeople in Zimbabwe who is, subject to the provisions of subsection (2), be appointed by the President in accordance with an Act of Parliament.
(2) An Act of Parliament is provide that in appointing a Chief the President is give due consideration to the customary principles of succession of the tribespeople over which the Chief will preside and may provide for the appointment of deputy Chiefs and acting Chiefs.
(3) There is a Council of Chiefs which is consist of such number of Chiefs elected by the Chiefs from each of the various areas of Communal Land in such manner as is prescribed by or under an Act of Parliament, so, however, as to secure as far as is practicable equitable representation for the various areas of Communal Land with due regard to the total number of tribespeople in each such area:
Provided that an Act of Parliament may provide for the establishment of two or more Councils of Chiefs for separate areas of Communal Land.
(4) The qualifications and disqualifications of candidates for election to any Council of Chiefs and the tenure of office of members thereof is as prescribed by or under an Act of Parliament.
Section 111A Provincial, district or regional governors
(1) For the better administration of Zimbabwe, an Act of Parliament may provide for the appointment by the President of governors for any areas within Zimbabwe.
(2) Governors appointed in terms of an Act of Parliament referred to in subsection (1) is have such functions and powers in relation to the areas for which they have been appointed as may be prescribed by or under the Act of Parliament.
(3) The offices of governors appointed in terms of an Act of Parliament referred to in subsection (1) is public offices but may not form part of the Public Service.
Section 111B Effect of international conventions, etc.
(1) Except as otherwise provided by this Constitution or by or under an Act of Parliament, any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organizations
(a) is subject to approval by Parliament; and
(b) may not form part of the law of Zimbabwe unless it has been incorporated into the law by or under an Act of Parliament.
(2) Except as otherwise provided by or under an Act of Parliament, any agreement
(a) which has been concluded or executed by or under the authority of the President with one or more foreign organizations, corporations or entities, other than a foreign State or government or an international organization; and
(b) which imposes fiscal obligations upon Zimbabwe;
is subject to approval by Parliament.
(3) Except as otherwise provided by this Constitution or by or under an Act of Parliament, the provisions of subsection (1)(a) may not apply to
(a) any convention, treaty or agreement, or any class thereof, which Parliament has by resolution declared may not require approval in terms of subsection (1)(a); or
(b) any convention, treaty or agreement the subject-matter of which falls within the scope of the prerogative powers of the President referred to in section 31H(3) in the sphere of international relations;
unless the application or operation of the convention, treaty or agreement requires
(i) the withdrawal or appropriation of moneys from the Consolidated Revenue Fund; or
(ii) any modification of the law of Zimbabwe.
Section 112 Pensions
The provisions of Schedule 6 is apply in respect of the pension rights of public officers and the remittability of pensions.
Part 2 Interpretation
Section 113 Interpretation
(1) In this Constitution, unless the context otherwise requires
“Act of Parliament” includes
(a) any law included in the Revised Edition of the Statute Law prepared under the authority of the Revised Edition of the Laws Act, 1973, or which, though omitted from that Edition, continued in force notwithstanding the omission; and
(b) any other Act or Ordinance;
which was in force immediately before the appointed day;
“advocate” and “attorney” […]
“African customary law” means the tribal law and custom of Africans of a particular tribe;
“amend” includes vary, alter, modify or adapt;
“Appellate Division”
“appointed day” means the day appointed for the commencement of this Constitution;
“Chief” means a Chief referred to in section 111(1);
“Committee on Standing Rules and Orders” means the committee referred to in section 57(2);
“Communal Land” means Communal Land referred to in the Communal Land Act, 1982;
“Constitutional Bill” means a Bill which, if enacted, would have the effect of amending, adding to or repealing any of the provisions of this Constitution;
“Council of Chiefs” means a Council of Chiefs referred to in section 111(3);
“Declaration of Rights” means the Declaration of Rights set out in Chapter III;
“disciplinary law” means any written law in so far as it provides for the regulation of the discipline of regular or full-time members of any disciplined force or any other members of a disciplined force while they are rendering service as such members or in respect of their failure to render such service;
“disciplined force” means
(a) a naval, military or air force;
(b) a police force;
(c) a prison service; or
(d) any other body established for public purposes by or under an Act of Parliament providing for the regulation of the discipline of that body and declared by that Act to be a disciplined force for the purposes of this definition;
“Electoral Law” means the Act of Parliament having effect for the purposes of section 58(4) which is for the time being in force;
“financial year” means
(a) in respect of the financial year which began on the 1st July, 1997, the period of eighteen months ending on the 31st December, 1998;
(b) in respect of every subsequent financial year, the period of twelve months ending on the 31st December;
“Gazette” means the official Gazette of the Government;
“General Division”
“general election” means a general election of the members of Parliament;
“Government” means the Government of Zimbabwe;
“High Court” means the High Court of Zimbabwe;
“law” means
(a) any provision of this Constitution or of an Act of Parliament;
(b) any provision of a statutory instrument; and
(c) any unwritten law in force in Zimbabwe, including African customary law;
and “lawful” and “lawfully” is construed accordingly;
“legal practitioner” means a person who has been duly admitted to practise the profession of law in Zimbabwe and who has the right of audience to represent other persons before all courts in which the right to be legally represented is permitted;
“local authority” means any council or other such body established by or under any law to regulate the affairs of any local community and to make statutory instruments for that purpose;
“local authority area” means an area the limits of which have been fixed in terms of the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15] or any other laws substituted for the same;
“local court” means any court constituted by or under a written law for the purpose of applying African customary law;
“Mashonaland” […]
“Matabeleland” […]
“member”, in relation to a disciplined force, includes any person who, in terms of any disciplinary law relating to that force, is subject to that discipline;
“metropolitan province” means the Harare or Bulawayo province declared in terms of the Provincial Councils and Administration Act [Chapter 29:11] or any other law substituted for the same;
“Minister” […]
“Money Bill” […]
“oath” includes affirmation;
“period of public emergency” means
(a) any period when Zimbabwe is engaged in any war and the period immediately following thereon until such date as may be declared by the President, by proclamation in the Gazette, as the end of the period of public emergency caused by that war; or
(b) any period when a declaration under section 31J(1) is in effect;
“person” means any individual or any body of persons, whether corporate or unincorporated;
“President” means the President of Zimbabwe;
“province” means an area of Zimbabwe declared as such in terms of the Provincial Councils and Administration Act [Chapter 29:11] or any other law substituted for the same;
“Provincial Governor” means a governor appointed in terms of an Act of Parliament referred to in section 111A;
“public moneys” means any fees, taxes or other revenues payable to the State and any other moneys received and held by an employee of the State in his official capacity;
“public office” means a paid office in the service of the State;
“public officer” means a person holding or acting in any public office;
“Public Service” means the service of the State but does not include
(a) the Prison Service, Police Force or Defence Forces;
(b) service as a judge of the Supreme Court or the High Court or as a person appointed to preside over a special court under section 92;
(c) service as a member of any Commission established by this Constitution or any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act;
(d) service which this Constitution or an Act of Parliament provides may not form part of the Public Service;
“session” means the sittings of Parliament commencing when Parliament first meets after the appointed day or after a prorogation or dissolution and terminating when Parliament is next prorogued or is dissolved without having been prorogued;
“sitting” means a period during which Parliament is sitting continuously without adjournment, including any period during which the House of Assembly or the Senate, as the case may be, is in committee;
“sitting day” means any weekday which is prescribed in the Standing Orders of Parliament to be a sitting day, whether or not Parliament meets on that day;
“Speaker” means the Speaker of the House of Assembly elected in terms of section 39;
“statutory instrument” means any proclamation, rule, regulation, by-law, order, notice or other instrument having the force of law made by the President, a Vice-President, a Minister or any other person or authority under this Constitution or any Act of Parliament;
“Supreme Court” means the Supreme Court of Zimbabwe;
“tax” includes duty or due;
“Tribal Trust Land” […]
“Vice-President” means a Vice-President of Zimbabwe;
“voter”, in relation to an election to the office of President or to Parliament, means a person entitled to vote at that election by virtue of being registered on a voters’ roll;
“ward” means one of several subdivisions of a local authority area delimited for the purpose of electing members of the governing body of that authority;
“Zimbabwe” means the Republic of Zimbabwe.
“Zimbabwe Electoral Commission” means the Zimbabwe Electoral Commission referred to in section 61.
(2) Any reference in this Constitution, without qualification, to
(a) a section, Chapter or Schedule is read and construed as a reference to a section or Chapter of or Schedule to this Constitution;
(b) a subsection is read and construed as a reference to a subsection of the section in which the reference is made;
(c) a paragraph is read and construed as a reference to a paragraph of the Schedule, subsection or definition in which the reference is made;
(d) a subparagraph is read and construed as a reference to a subparagraph of the paragraph or, as the case may be, of the subparagraph in which the reference is made.
(3) In this Constitution, unless the context otherwise requires
(a) words importing the masculine gender include the feminine;
(b) words in the singular include the plural and words in the plural include the singular;
(c) where a period of time is expressed
(i) to begin on or to be reckoned from a particular day, that day may not be included in the period;
(ii) to end on or to be reckoned to a particular day, that day is included in the period;
(d) where the time limited for the doing of any thing expires or falls upon a Saturday, Sunday or public holiday, the time so limited is extend to and the thing may be done on the first following day that is not a Saturday, Sunday or public holiday;
(e) a reference to a month is construed as a reference to a calendar month;
(f) a reference without qualification to a year is construed as a reference to a period of twelve months.
(4) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office is construed as including a reference to any person for the time being lawfully acting in or exercising the functions of that office.
(5) In this Constitution, unless the context otherwise requires, a reference to the power to appoint a person to any public office is construed as including a reference to the like power
(a) to reappoint him to that office;
(b) to appoint him on promotion or transfer to that office;
(c) to appoint him to act in that office;
(d) to fix and vary his conditions of service in that office, including his remuneration and the period of his appointment and any benefits to him in respect of the termination of his appointment.
Section 114 Supplementary provisions
(1) Any power, jurisdiction or right conferred by this Constitution may be exercised and any duty imposed by this Constitution is performed from time to time as occasion requires.
(1a) Where any power, jurisdiction or right is conferred by this Constitution, any other powers that are reasonably necessary or incidental to its exercise is deemed also to have been conferred.
(2) Subject to the provisions of section 31E(3), where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
(3) For the purposes of this Constitution, no person is deemed to hold public office by reason only of the fact that he is in receipt of a pension, half-pay, retired pay or any other like allowance in respect of service in an office that was at the relevant time a public office.
(3a) A body established by or in terms of this Constitution may act notwithstanding any vacancy in its membership if the members of the body who authorize or perform the act concerned constitute a quorum of the membership of that body.
(3b) Except as otherwise provided in this Constitution or in any law or rule regulating the proceedings of the body concerned, one-half of the membership of any body established by or in terms of this Constitution is constitute a quorum of the membership of that body.
(4) Any reference in this Constitution to the affirmative votes of not less than two-thirds of a body is, when the number of its membership is not a multiple of three, be interpreted to mean that the number of votes is not less than the integer next above two-thirds of the number of its membership.
(5) For the purposes of this Constitution a person is deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.
(6) The Interpretation Act for the time being in force in Zimbabwe is apply to the interpretation of any regulations made by the President in the exercise of a power to make regulations conferred by this Constitution and to the interpretation of any such power.