Section 1. The Republic. 2. National flag. 3. National anthem. 4. Coat of arms. 5. Public seal. 6. Languages. 7. Supremacy of Constitution. 8. Promotion of public awareness of Constitution.
CHAPTER II FUNDAMENTAL CONSTITUTIONAL PRINCIPLES AND NATIONAL OBJECTIVES PART I FUNDAMENTAL CONSTITUTIONAL PRINCIPLES.
9. Authority of the people.
10. National unity, peace and stability.
11. Democratic principles.
12. Rule of law.
PART II NATIONAL. OBJECTIVES
13. Objectives to guide all organs and agencies of State and Government.
14. Nature of objectives.
15. Good governance.
16. Development.
17. Food security.
18. Environment.
19. Cultural objectives.
20. Foreign policy objectives.
21. Gender balance and fair representation of marginalised groups.
22. Children.
23. Elderly persons.
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24. Persons with disabilities.
25.. Work and labour relations.
26. Protection of the family.
27. Marriage.
28. Education.
29. Shelter.
30. Health services.
31. Social welfare.
32. Legal aid.
CHAPTER III FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I PRELIMINARY
33. Duty to respect fundamental human rights.
34. Application of Chapter III.
35. Interpretation of Chapter III.
36. Chapter III does not preclude existence of other rights.
PART II INDIVIDUAL HUMAN RIGHTS AND FREEDOMS
37. Right to life.
38. Right to personal liberty.
39. Right to personal security.
40. Freedom from slavery and forced labour.
41. Freedom from torture and inhuman or degrading treatment.
42. Right to dignity and reputation.
43. Freedom from discrimination.
44. Freedom of conscience.
45. Freedom of speech and expression.
46. Right to language and cultural life.
47. Freedom of assembly and association.
48. Freedom of movement and residence.
49. Protection of law: equality before the law.
50. Protection of law: fairness in criminal cases.
51. Protection of law: fairness in civil proceedings.
52. Right to information.
53. Right to just administrative action.
54. Rights of children, their parents and guardians.
55. Right to establish and maintain educational institutions.
56. Right to property.
57. Agricultural land acquired for resettlement and other purposes.
58. Freedom from arbitrary eviction.
59. Right to privacy.
60. Political rights.
PART III LIMITATIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
61. Extent to which fundamental rights and freedoms may be limited.
62. General limitations.
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63. Limitations during emergency.
PART IV ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
64. Application to Constitutional Court for redress.
65. Reference of question to Constitutional Court.
66. Jurisdiction of Constitutional Court.
67. Jurisdiction of all courts in constitutional matters.
68. Right of Attorney-General to be heard in constitutional cases.
69. Right of Minister to make representations in certain constitutional cases.
70. Right of persons detained under law declared unconstitutional.
CHAPTER IV CITIZENSHIP
71. Zimbabwean citizenship
72. Citizenship by birth.
73. Citizenship by descent.
74. Citizenship by registration.
75. Citizenship and Immigration Board.
76. Powers of Parliament in relation to citizenship.
77. Interpretation and supplementary provisions regarding citizenship.
CHAPTER V THE EXECUTIVE PART I EXECUTIVE AUTHORITY
78. Executive authority.
PART II THE PRESIDENT AND VICE-PRESIDENTS
79. Office of President.
80. Duty of President to uphold Constitution.
81. Qualifications and disqualifications for election as President.
82. Election of President.
83. Assumption of office by President.
84. Tenure of office of President.
85. Presidential immunity.
86. Remuneration of President.
87. President and former President not to hold other office or employment.
88. Vice-Presidents.
89. Resignation of President.
90. Removal from office of President.
91. Vacation of office, absence or incapacity of President.
92. Succession in event of death, resignation or removal from Office of President.
PART III THE GOVERNMENT
93. Appointment of Ministers. 94. Minister not to hold other office or employment.
95. Tenure of office of Ministers.
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96. Cabinet.
97. Vote of no confidence in Government.
PART IV EXECUTIVE FUNCTIONS
98. Executive functions of President.
99. War and peace.
100. Prerogative of mercy.
101. Public emergencies.
102. Extent to which exercise of President’s powers justiciable.
CHAPTER VI THE LEGISLATURE PART I LEGISLATURE AND PARLIAMENT
103. Legislative authority.
104. Powers of Parliament.
105. Composition of Parliament.
PART II THE SENATE
106. Composition of Senate.
107. Election of President of Senate.
108. President of Senate not a Senator.
109. Resignation and vacation of office by President of Senate.
110. Deputy President of Senate.
PART III THE NATIONAL ASSEMBLY
111.. Composition of National Assembly.
112. Election of Speaker.
113. Speaker not a Member of National Assembly.
114. Resignation and vacation of office by Speaker.
115. Deputy Speaker.
PART IV GENERAL MATTERS RELATING TO PARLIAMENT
116. Privileges and immunities of Parliament.
117. Oath or affirmation of Member of Parliament.
118. Tenure of seat of Member of Parliament.
119. Expulsion or suspension of Member of Parliament.
120. Remuneration of President of Senate, Speaker and Members of Parliament. 121. Committee on Standing Rules and Orders.
122. Parliamentary Legal Committee.
123. Functions of Parliamentary Legal Committee.
124. Clerk of Parliament and other staff.
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PART V PROCEDURE IN PARLIAMENT
125. Person presiding in Senate.
126. Person presiding in National Assembly.
127. Person presiding at joint sittings of Parliament.
128. Quorum in Parliament.
129. Decisions of Parliament.
130. Right of Vice-Presidents, Ministers and Attorney-General to sit and speak in either House.
131. Presidential addresses and messages to Parliament.
132. Standing Orders.
133. Validity of proceedings in Parliament.
PART VI LEGISLATIVE POWERS
134. Bills.
135. Procedure for passing Bills.
136. Presidential assent to Bills.
137. Acts of Parliament and their commencement.
138. Enrolment of Acts.
139. Amendment of Constitution.
PART VII SUMMONING, PROROGATION AND DISSOLUTION OF PARLIAMENT
140. Sessions.
141. First and special sittings of Parliament.
142. Power of Parliament to determine its sittings.
143. Life of Parliament.
144. Prorogation or dissolution of Parliament.
PART VIII ELECTIONS
145. When parliamentary elections must be held.
146. Qualifications of voters in parliamentary elections.
147. Electoral Law.
PART IX DELIMITATION OF CONSTITUENCIES
148. Fixing of boundaries of constituencies and frequency of revision
149. Factors to be considered in delimiting constituencies.
150. Delimitation of Senatorial Constituencies.
151. Delimitation of Wards of Local Authorities.
152. Report on delimitation.
153. Declaration of boundaries of constituencies.
CHAPTER VII THE JUDICIARY PART I THE JUDICIARY AND THE COURTS
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154. Judicial authority.
155. The judiciary.
156. Independence of judiciary.
157. Constitutional Court.
158. Supreme Court.
159. High Court.
160. Other courts.
161. Criminal jurisdiction of courts.
PART II APPOINTMENT AND TENURE OF JUDGES
162. Qualifications of judges.
163. Appointment of judges.
164. Acting judges.
165. Tenure of office of judges.
166. Removal of judges from office.
PART III PROVISIONS APPLICABLE TO MEMBERS OF JUDICIARY GENERALLY 167. Appointment of judicial officers other than judges.
168. Oath of office.
169. Remuneration of members of judiciary.
170. Security of tenure of members of judiciary.
171. Conclusion of part-heard cases by former members of judiciary.
PART IV JUDICIAL SERVICE COMMISSION
172. Judicial Service Commission.
173. Functions of Judicial Service Commission.
CHAPTER VIII ATTORNEY-GENERAL
174. Appointment of Attorney-General.
175. Functions and powers of Attorney-General.
176. Independence of Attorney-General.
177. Conditions of service of Attorney-General.
178. Removal from office of Attorney-General.
179. Deputy Attorney-General.
CHAPTER IX PUBLIC SERVICE
180. Public Service.
181. Organisation and administration of Public Service.
182. Public Service Commission.
183. Functions of Public Service Commission.
184. Permanent Secretaries.
185. Ambassadors and other principal representatives of Zimbabwe abroad.
CHAPTER X DEFENCE FORCES
186. Defence Forces.
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187. Primary function of Defence Forces.
188. Deployment of Defence Forces.
189. Political accountability for deployment of Defence Forces.
190. Command of Defence Forces.
191. Organisation and administration of Defence Forces.
192. Defence Forces Service Commission.
CHAPTER XI POLICE SERVICE
193. Police Service and its functions.
194 Commissioner-General of Police.
195. Organisation and administration of Police Service.
196. Police Service Commission.
CHAPTER XII PRISON SERVICE
197. Prison Service and its function.
198. Commissioner of Prisons.
199. Organisation and administration of Prison Service.
200. Prison Service Commission.
CHAPTER XIII INDEPENDENT COMMISSIONS PART I ZIMBABWE ELECTORAL COMMISSION
201. Establishment and composition of Zimbabwe Electoral Commission.
202. Functions of Zimbabwe Electoral Commission.
203. Disqualification for appointment to Zimbabwe Electoral Commission.
204. Members of Zimbabwe Electoral Commission not to be members of political parties.
205. Remuneration, allowances and benefits of members of Zimbabwe Electoral Commission.
206. Removal of member of Zimbabwe Electoral Commission from office.
207. Provisions to ensure independence of Zimbabwe Electoral Commission.
208. Reports of Zimbabwe Electoral Commission.
PART II ZIMBABWE HUMAN RIGHTS COMMISSION 209.
Establishment and composition of Zimbabwe Human Rights Commission.
210. Functions of Zimbabwe Human Rights Commission.
211. Powers of Zimbabwe Human Rights Commission.
PART III ZIMBABWE ANTI-CORRUPTION COMMISSION
212. Establishment and composition of Zimbabwe Anti-Corruption Commission.
213. Functions of Zimbabwe Anti-Corruption Commission.
214. Powers of Zimbabwe Anti-Corruption Commission.
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PART IV ZIMBABWE MEDIA COMMISSION
215. Establishment of Zimbabwe Media Commission.
216. Functions of Zimbabwe Media Commission.
217. Powers of Zimbabwe Media Commission.
CHAPTER XIV PUBLIC PROTECTOR 218.
Public Protector.
219. Functions of Public Protector.
220. Conditions of service of Public Protector.
221. Removal from office of Public Protector.
CHAPTER XV FINANCE PART I PARLIAMENTARY CONTROL OVER TAXATION, EXPENDITURE AND BORROWING
222. Parliamentary control over taxation.
223. Parliament to monitor and control government expenditure.
224. Limits of State borrowings, public debt and State guarantees.
PART 11 CONSOLIDATED REVENUE FUND
225. Consolidated Revenue Fund.
226. Withdrawals from Consolidated Revenue Fund and other public funds.
227. Debts and other expenses to be charged upon Consolidated Revenue Fund. PART III AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED REVENUE FUND
228. Estimates of revenue and expenditure.
229. Information to be provided to National Assembly.
230. Appropriation Bills.
231. Additional or supplementary appropriations.
232. Authorisation of expenditure in advance of appropriation.
233. Excess or unauthorised expenditure.
PART IV SAFEGUARDING OF PUBLIC PROPERTY AND AUDIT OF ACCOUNTS
234. Duty of custodians of public funds and property.
235. Auditor-General.
236. Functions of Auditor-General.
237. Matters to be provided for in Act of Parliament.
238. Procurement.
PART V RESERVE BANK OF ZIMBABWE
239. Establishment and object of Reserve Bank of Zimbabwe.
240. Structure and functions of Reserve Bank of Zimbabwe.
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CHAPTER XVI LOCAL GOVERNMENT PART I PRELIMINARY
241. Tiers of government.
242. Principles of local government.
243. Local government finances.
PART 11 PROVINCIAL GOVERNMENT
244. Provinces. 245. Provincial councils.
246. Functions of provincial councils.
247. Provincial Governors.
PART III LOCAL AUTHORITIES FOR URBAN AND RURAL AREAS
248. Urban local authorities.
249. Districts and district local authorities.
250. Functions of local authorities.
251. Elections to local authorities.
CHAPTER XVII TRADITIONAL LEADERS
252. Recognition of traditional leadership.
253. Recognition and appointment of Chiefs.
254. Councils of Chiefs.
CHAPTER XVIII GENERAL AND SUPPLEMENTARY PROVISIONS PART I GENERAL PROVISIONS AS TO COMMISSIONS
255. Interpretation in Part 1 256. Commissions to be independent.
257. Membership of Commissions and conditions of service of members.
258. Members of Commissions to take oaths of loyalty and office.
259. Functions and procedure of Commissions.
260. Commissions to report annually to Parliament.
PART II INTERNATIONAL LAW
261. Application of international law.
262. Effect of international treaties, etc.
PART III GENERAL PROVISIONS
263. Diligent performance of constitutional obligations.
264. Disclosure of assets by public officers.
265. Funding for political parties.
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266. Alteration in conditions of service of State employees.
267. Pensions
268. Commencement of this Constitution, transitional provisions and savings.
PART IV INTERPRETATION
269. Application of Part III.
270. Definitions.
271. References to Chapters, sections, etc.
272. Words in singular to include plural, and vice versa.
273. Tables and headings.
274. References to time.
275. Calculation of person’s age.
276. References to holders of office.
277. Appointments.
278. Resignations.
279. Exercise of functions, etc.
280. When person not regarded as holding public office.
281. Quorum and provisions regarding membership of constitutional bodies.
282. Interpretation of regulations, etc., made under Constitution.
283. Power to make Acts of Parliament for matters dealt with under Constitution. 284. Inconsistencies between different texts of Constitution.
FIRST SCHEDULE:Oaths and Affirmations.
SECOND SCHEDULE:Limitation on Rights During Emergencies.
THIRD SCHEDULE: Qualifications for Senators, Members of National Assembly and Voters
FOURTH SCHEDULE: Procedure as to Bills and Other Matters in Parliament.
FIFTH SCHEDULE: Commencement of Constitution, Transitional Provisions and Savings
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BILL To provide for a new Constitution for Zimbabwe and to provide for related matters. PREAMBLE Acknowledging the supremacy of God, and recognising our diversity, We the people of Zimbabwe, Recalling our heroic resistance to slavery, colonialism, racism and domination, Exalt and extol the brave men and women who sacrificed their lives during the Chimurenga/Umvukela and national liberation struggles, Honour compatriots who have toiled for the progress of our country, Celebrate the richness of our natural resources and the vibrancy of our traditions and cultures, which were bequeathed to us by Providence and our forebears, Cherish freedom, peace, justice, tolerance, prosperity and patriotism in search of new and different frontiers under a common destiny, We therefore make this democratic Constitution and commit ourselves to it as the fundamental law of our beloved land. NOW, THEREFORE, this Constitution is enacted by the President and the Parliament of Zimbabwe:
CHAPTER I THE REPUBLIC AND THE CONSTITUTION
1. The Republic Zimbabwe is one sovereign and democratic republic and is to be known as “The Republic of Zimbabwe”.
2. National flag The national flag of Zimbabwe is as described and depicted in an Act of Parliament.
3 National anthem The national anthem of Zimbabwe is as provided for in an Act of Parliament.
4 Coat of arms The coat of arms of Zimbabwe is as described and depicted in an Act of Parliament.
5 Public seal
(1) There must be a public seal of Zimbabwe, showing the coat of arms of Zimbabwe with the inscription “The Republic of Zimbabwe”.
(2) The public seal of Zimbabwe must be kept by the President.
6 Languages
(1) All indigenous languages spoken in Zimbabwe, that is to say Shona, Sindebele, Venda, Nambya, Shangaan, Kalanga, Suthu and Tonga, are recognised.
(2) The official languages are English, Shona and Sindebele.
7 Supremacy of Constitution This Constitution is the supreme law of Zimbabwe, and if any other law, custom, conduct or measure. is inconsistent with this-Constitution that law, custom, conduct or
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measure is invalid to the extent of the inconsistency.
8 Promotion of public awareness of Constitution The State must promote public awareness of this Constitution by (a) translating it into the languages that are used by substantial numbers. of people in Zimbabwe and disseminating it as widely as possible; (b) requiring this Constitution to be taught in educational institutions and as part of the training of members of the Defence Forces, the Police Service, the Prison Service, the Public Service and members and employees of public authorities; and (c) encouraging civic organisations to disseminate awareness and knowledge of this Constitution throughout society.
CHAPTER 11 FUNDAMENTAL CONSTITUTIONAL PRINCIPLES AND NATIONAL OBJECTIVES PART I FUNDAMENTAL CONSTITUTIONAL PRINCIPLES
9 Authority of the people
(1) The legal and political authority of the State derives from the people of Zimbabwe and must be exercised, in accordance with this Constitution, solely to serve and protect the people’s interests.
(2) Everyone who exercises State power does so on trust for the people of Zimbabwe and must exercise that power within the bounds of lawful authority and in accordance with his or her responsibilities to the people.
10 National unity, peace and stability
(1) All organs and agencies of the State and Government, including local government, and all the people of Zimbabwe, must promote national unity, peace and stability.
(2) The State and Government must make every effort to (a) integrate all the peoples of Zimbabwe while recognising their ethnic, religious, political and cultural diversity; and (b) promote a culture of co-operation and understanding in which there is appreciation and tolerance of and respect for the customs, traditions and beliefs of others.
11 Democratic principles
(1) The State is based on democratic principles which empower all citizens and encourage their active participation at all levels of government.
(2) Subject to this Constitution, all the people of Zimbabwe should have access to leadership positions at all levels. of government.
(3) Institutions of Government should be broad-based and national in character.
(4) The policies of the State must be guided by the principle of devolution of governmental functions and responsibilities, and the provision of necessary resources, to the people at appropriate levels.
12 Rule of law All organs and agencies of the State and Government, including local government, and all persons must observe and uphold this Constitution and the rule of law, and no institution or person stands above the law.
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PART II NATIONAL OBJECTIVES
13 Objectives to guide all organs and agencies of State and Government The objectives set out in this Part guide all organs and agencies of the State and Government, including local government, in taking and implementing policy decisions that will lead to the establishment and promotion of a just, free and democratic society in which people can enjoy prosperous and fulfilled lives.
14 Nature of objectives The objectives set out in this Part are directory in nature.
15 Good governance
(1) The State must adopt and implement policies and legislation to develop accountability, openness, personal integrity and financial probity in the Government and all public institutions.
(2) In particular (a) measures must be taken to expose, combat and eradicate corruption and abuse of power by those holding political and other public offices; and (b) the State must encourage the publication of information about its processes, decisions and policies, in so far as publication of that information is consistent with good government and public security.
(3) The State must ensure that all Commissions and other bodies established by or under this Constitution are provided with adequate resources and facilities to enable them to carry out their functions effectively and efficiently as envisaged by this Constitution.
16 Development
(1) The State must endeavour to facilitate rapid and equitable development, and in particular must take measures to (a) promote public sector participation in development; (b) promote private initiative and self-reliance; (c) stimulate agricultural, commercial, industrial, technological and scientific development; (d) bring about balanced development of the different areas of Zimbabwe and a proper balance in the development of rural and urban areas; and (e) redress imbalances resulting from past practices and policies.
(2) Measures referred to in this section must, where practicable, involve the people in the formulation and implementation of development plans and programmes that affect them.
(3) Measures referred to in this section must protect and enhance the right of the people to equal opportunities in development.
(4) The State must ensure that, where appropriate and practicable, the people of an area benefit from the resources in that area.
17 Food security The State must (a) encourage people to grow and store adequate food; (b) secure the establishment of adequate food reserves; and (c) encourage and promote adequate and proper nutrition through mass education and other appropriate means. 18 Environment
(1) The State must take appropriate measures, within the resources available to it, to provide the people of Zimbabwe with a clean, safe, healthy and sustainable environment. Annexure B to Power Sharing Agreement Kariba Draft Constitution
(2) The State must promote ecologically sustainable development and the management of natural resources in a balanced manner for the benefit of present and future generations.
(3) In particular, the State must take all practical measures to (a) conserve natural resources; (b) prevent or minimise degradation and destruction of land, air and water resources arising from excessive use, pollution or other causes; (c) promote at all levels an efficient system for the storage of water and the management of water resources; (d) ensure that people have access to adequate supplies of clean potable water; (e) promote and implement energy policies that will ensure that people’s basic needs and the needs of environmental protection are met; and (f) safeguard the bio-diversity of Zimbabwe.
(4) The State must promote the creation, preservation and development of parks, nature reserves and recreation areas.
(5) Provincial councils and local authorities, within the limits of their resources and powers, must ensure the adoption of measures to achieve the objectives set out in this section.
19 Cultural objectives
(1) The State must (a) promote and preserve cultural values and practices which enhance the dignity and well-being of Zimbabweans; and (b) encourage the preservation, development and enrichment of all indigenous languages spoken in Zimbabwe.
(2) The State and all citizens must endeavour to preserve and protect Zimbabwe’s heritage.
20 Foreign policy objectives
(1) The foreign policy of Zimbabwe must be based on principles of (a) promotion and protection of the national interests of Zimbabwe; (b) respect for international law and treaty obligations; (c) peaceful co-existence with other nations; and (d) the settlement of international disputes by peaceful means.
(2) The State must promote regional and pan-African cultural, economic and political cooperation and integration and must participate in international and regional organisations that stand for peace and the well-being and progress of the region, the continent and humanity.
21 Gender balance and fair representation of marginalised groups
(1) The State must ensure gender balance and a fair representation of marginalised groups on all constitutional and other governmental bodies.
(2) The State must promote full participation of women in all spheres of Zimbabwean society on the basis of equality with men.
(3) The State must take all practical measures to ensure that women have access to land and other resources on the basis of equality with men.
22 Children
(1) The State must adopt reasonable policies and measures, within the resources available to it, to ensure that children (a) have a nationality from birth; (b) enjoy family or parental care, or appropriate alternative care when removed from the family environment; (c) receive shelter and basic nutrition, health care and social services; and Annexure B to Power Sharing Agreement Kariba Draft Constitution
(d) are protected from maltreatment, neglect, violence, abuse, exploitation, corruption or degradation.
(2) The State must take appropriate legislative and other measures to (a) protect children from exploitative labour practices; and (b) ensure that children are not required or permitted to perform work or provide services that- (i) are inappropriate for the children’s age; or (ii) place at risk the children’s well-being, education, physical or mental health or spiritual, moral or social development.
23 Elderly persons (1) The State and society must take reasonable measures to secure respect, support and protection for elderly persons and to encourage their participation in the life of the community.
(2) In particular, the State must endeavour, within the resources available to it, to (a) provide facilities, food and care for elderly persons who are unable to provide for themselves; (b) develop programmes to give elderly persons the opportunity to engage in productive activity suited to their abilities and consistent with their vocations and desires; and (c) foster social organisations aimed at improving the quality of life of elderly persons.
24 Persons with disabilities
(1) The State and society must recognise the right of persons with physical, mental or other disabilities to be treated with respect for their dignity as human beings. (2) The State must endeavour, within the resources available to it, to assist persons with physical, mental or other disabilities to achieve their full potential and to minimise the disadvantages suffered by them.
(3) In particular, the State must endeavour to (a) develop programmes for persons with physical, mental or other disabilities, especially work programmes consistent with their capabilities and acceptable to them or their legal representatives; (b) consider the specific requirements of persons with physical, mental or other disabilities as one of the priorities in development plans; (c) encourage the use and development of sign language and other forms of communication suitable for use by persons with physical, mental or other disabilities; and (d) foster social organisations aimed at improving the quality of life of persons with physical, mental or other disabilities.
25 Work and labour relations
(1) The State must adopt reasonable policies and measures, within the resources available to it, to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families.
(2) In particular, the State must endeavour to secure (a) full employment; (b) just, equitable and satisfactory conditions of work, particularly with respect to- (i) adequate remuneration; (ii) equitable opportunity for promotion; (iii) safety at work; (iv) maternity leave; and (v) rest, leisure, limitation of working hours, periodic holidays with pay and remuneration for public holidays; (c) the removal of restrictions that unnecessarily inhibit or prevent people from working Annexure B to Power Sharing Agreement Kariba Draft Constitution and otherwise engaging in gainful economic activities; (d) vocational guidance and the development of vocational and training programmes, including those for persons with disabilities; (e) the implementation of measures such as family care that enable women to enjoy a real opportunity to work; and (f) the rights of employers and employees to engage in collective bargaining and, where necessary, to engage in appropriate collective job action to enforce their rights.
26 Protection of the family
(1) The State must protect and foster the institution of the family as the basic unit of society and must take appropriate measures to ensure that everyone’s right to found a family is recognised.
(2) In particular, the State must endeavour, within the resources available to it, to adopt measures to (a) provide care and assistance to mothers, fathers and other family members who have charge of children; and (b) prevent domestic violence.
27 Marriage The State must take appropriate measures to ensure that (a) everyone of marriageable age is free to marry another such person of the opposite sex; (b) no marriage is entered into without the free and full consent of the intending spouses; (c) there is equality of rights and responsibilities of spouses during marriage and at its dissolution; and (d) in the event of dissolution of a marriage, provision is made for the necessary protection of any children and spouses.
28 Education
(1) The State must take all practical measures to promote free and compulsory basic education for children.
(2) The State must take appropriate measures, within the resources available to it to (a) afford adults access to basic and continuing education; and (b) afford equitable access to higher education.
29 Shelter The he State must take reasonable legislative and other measures, within the resources available to it, to enable everyone to have access to adequate shelter.
30 Health services
(1) The State must take all practical measures to ensure the provision of basic, accessible and adequate health services to the population.
(2) The State must take appropriate measures to ensure that no one is refused emergency medical treatment at any health institution.
31 Social welfare The State must take all practical measures, within the limits of the resources available to it, to provide social security and social care to those who are in need of it, in particular war veterans, as may be specified in an Act of Parliament.
32 Legal aid The State must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice.
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CHAPTER III FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I PRELIMINARY
33 Duty to respect fundamental human rights All persons, including juristic persons and all- organs and agencies of the State and Government, including local government, must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter.
34 Application of Chapter III
(1) This Chapter binds the Executive, Parliament, the Judiciary and all organs of the State and Government, including local government.
(2) This Chapter binds human beings and juristic persons to the extent that it is applicable to them, taking into account the right or freedom concerned and any duty imposed by it.
(3) Human beings and juristic persons are entitled to the rights and freedoms set out in this Chapter to the extent that those rights and freedoms can appropriately be extended to them.
35 Interpretation of Chapter III
(1) When interpreting this Chapter, a court, tribunal or forum must (a) give full effect to the rights and freedoms set out in this Chapter; (b) promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (c) consider international law, treaties and conventions; and (d) pay due regard to the other provisions of this Constitution, in particular the principles and objectives set out in Chapter II; in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
(2) When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.
36 Chapter III does not preclude existence of other rights This Chapter does not preclude the existence of other rights or freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Chapter.
PART II INDIVIDUAL HUMAN RIGHTS AND FREEDOMS
37 Right to life
(1) Every human being has the right to life and may not be deprived of it intentionally. (2) A law may permit the death penalty to be imposed on persons convicted of murder, but (a) the penalty may be carried out only in accordance with a final judgment of a competent court; (b) the penalty must not be imposed on a person for an offence committed when he or she was less than eighteen years old; (c) the penalty must not be imposed or carried out on a pregnant woman; (d) the law must permit the court a discretion whether or not to impose the penalty; (e) the person sentenced must have a right to seek pardon or commutation of the penalty
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from the President.
38 Right to personal liberty
(1) Everyone has the right to personal liberty, which includes the right (a) not to be detained without trial; and (b) not to be deprived of their liberty arbitrarily or without just cause.
(2) No one may be imprisoned merely on the ground of inability to fulfil a contractual obligation.
(3) Anyone who is arrested or detained (a) must be informed promptly of the reason for the arrest or detention; (b) must be permitted, without delay (i) to contact their next of kin or close relative; and (ii) at their. own expense, to choose, contact and consult with a legal practitioner; (c) must be treated with humanity and with respect for their inherent human dignity; (d) must be permitted to challenge the lawfulness of the arrest or detention before a court, either in person or through a legal practitioner of their choice, and must be released promptly if the detention is unlawful.
(4) Anyone may challenge the lawfulness of another person’s arrest or detention under subsection
(3)(d) if there are reasonable grounds to believe that the arrested or detained person is unable to do so.
(5) Anyone who is arrested or detained (a) for the purpose of bringing him or her before a court; or (b) for allegedly committing or being about to commit an offence; and who is not released must be brought before a court as soon as reasonably possible and in any event not later than forty-eight hours after the arrest was effected or the detention began, as the case may be.
(6) Anyone who is detained pending trial for an offence and is not tried within a reasonable time must be released from detention, either unconditionally or on reasonable conditions to ensure that after being released the person (a) attends the trial; (b) does not interfere with the evidence to be given at the trial; and (c) does not commit any other offence before the trial begins..
(7) Anyone who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but a law may protect the following persons from liability under this section (a) a judicial officer acting in a judicial capacity reasonably and in good faith; (b) any other public officer acting reasonably and in good faith and without culpable ignorance or negligence.
39 Right to personal security Everyone has the right to security of the person, which includes the right (a) to be free from all forms of violence from both public and private sources; and (b) not to be subjected to medical or scientific experiments without their informed consent.
40 Freedom from slavery and forced labour
(1) No one may be held in slavery or servitude or be made to perform forced or compulsory labour.
(2) The following forms of labour are not to be regarded as forced or compulsory labour for the purposes of this section (a) labour required as part of a sentence or order of a court; (b) labour which is required of a person who is lawfully detained and which, though not part of a sentence or order of a court, is reasonably necessary in the interests of hygiene
Annexure B to Power Sharing Agreement Kariba Draft Constitution
or for the maintenance or management of the place where the person is detained; (c) labour which is required of a person under the age of eighteen years who is lawfully detained, where the labour, though not part of a sentence or order of a court, is reasonably required for the person’s education, training or discipline; (d) labour required of a member of a disciplined force in the performance of his or her duties as such a member; (e) labour which an Act of Parliament requires a person to perform instead of serving as a member of a disciplined force; (f) labour reasonably required by way of parental discipline; (g) labour required by 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 it is reasonably justifiable in the circumstances to require the labour; or (h) any work or service that forms part of normal civil obligations, including any military or other service or training that Zimbabwean citizens or residents are required to undergo in terms of an Act of Parliament.
41 Freedom from torture and inhuman or degrading treatment
(1) No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
(2) For the sake of clarity, it is declared that cruel, inhuman or degrading treatment includes gender-based violence.
(3) ) The following treatments or punishments are not to be regarded as cruel, inhuman or degrading for the purposes of this section (a) reasonable measures taken to prevent the escape of persons who are legally detained; or (b) the carrying out of the death penalty, no matter what the delay in carrying it out, where (i) the persons executed have been sentenced to death by a competent court on conviction for murder; and (ii) the penalty is carried out in the manner prescribed by law immediately before the appointed day.
42 Right to dignity and reputation
(1) Everyone has inherent dignity and the right to have their dignity and reputation respected and protected.
(2) Anyone who is injured by an inaccurate or offensive statement or idea disseminated to the general public by a newspaper, journal, broadcast or other medium of communication has a right to reply or to have a correction published, using the same medium of communication.
(3) A law must establish the way in which the right of reply or to correction is to be exercised.
43 Freedom from discrimination
(1) Everyone has a right not to be treated in an unfairly discriminatory manner on such grounds as their race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political or other opinion, culture, sex, gender, marital status, pregnancy, age, disability or natural difference or condition.
(2) A person is treated in a discriminatory manner for the purposes of subsection (1) if he or she is prejudiced (a) by being subjected to a condition, restriction or disability to which other people are not subjected; or (b) through other people being accorded a privilege or advantage which he or she is not accorded.
Annexure B to Power Sharing Agreement Kariba Draft Constitution
(3) Discrimination on one or more of the grounds listed in subsection (1) is unfair unless it is established that the discrimination is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
(4) Any law which, in itself or in its effect, discriminates unfairly between people on one or more of the grounds listed in subsection (1) is void.
(5) To promote the achievement of equality, legislative and other measures may be taken by way of affirmative action to protect or advance people or classes of people who have been disadvantaged by unfair discrimination.
44 Freedom of conscience
(1) Everyone has the right to freedom of conscience, which includes (a) freedom of thought, opinion, religion or belief; (b) freedom to change their thought, opinion, religion or belief; and (c) freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.
(2) No one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief.
(3)) Religious observances may be conducted and religious instruction may be given at public institutions, including State or State-aided institutions, if (a) the observances follow reasonable rules made by the appropriate public authorities; and (b) the observances are conducted on an equitable basis and with due regard to the rights and sensibilities of others.
(4) Any religious community may ensure that religious instruction is given in educational courses or institutions provided by the community, even if the community receives a subsidy or other financial assistance from the State.
45 Freedom of speech and expression
(1) Everyone has the right to freedom of speech and expression, which includes (a) freedom to hold opinions; (b) freedom to seek, receive and communicate ideas and information regardless of frontiers; (c) freedom of the press and other media of communication; (d) freedom of artistic creativity; (e) freedom from interference with correspondence or other forms of communication, including electronic and telephonic communication; and (f) academic freedom and freedom of scientific research.
(2) Freedom of speech and expression does not include (a) incitement to violence; (b) advocacy of hatred which is based on nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, culture, sex, gender, marital status, pregnancy, age, disability or natural difference or condition, and which amounts to incitement to unfair discrimination, hostility or violence.
46 Right to language and cultural life Everyone has the right to use the language and to participate in the cultural life of their choice, but this right must be exercised in a manner that is consistent with the other provisions of this Part.
47 Freedom of assembly and association Everyone has the right to freedom of assembly and association, which includes (a) the right, peacefully and unarmed, to assemble, to demonstrate, to present petitions Annexure B to Power Sharing Agreement Kariba Draft Constitution and, generally, to associate with other people; (b) the right to form or belong to political parties, trade unions, civic organisations and other associations for the promotion or protection of their interests; and (c) the right not to belong to any association.
48 Freedom of movement and residence
(1) Every Zimbabwean citizen has (a) the right to enter Zimbabwe; (b) immunity from expulsion from Zimbabwe; and (c) the right to a passport or other travel document. (2) Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has (a) the right to move freely within Zimbabwe; (b) the right to reside in any part of Zimbabwe; and (c) the right to leave Zimbabwe.
49 Protection of law: equality before the law Everyone is equal before the law and has the right to equal protection and benefit of the law.
50 Protection of law: fairness in criminal cases
(1) Everyone accused of an offence has the right to a fair trial within a reasonable time before an independent and impartial court established by law.
(2) The right to a fair trial under subsection (1) includes the right (a) to be presumed innocent until the accused person has been proved guilty; (b) to be informed promptly of the charge, in sufficient detail to enable the accused person to answer it; (c) to be given adequate time to prepare a defence; (d) to be present when being tried, unless the accused person’s conduct makes it impracticable to continue the proceedings in his or her presence; (e) to choose a legal practitioner and, at the accused person’s own expense, to be represented by that legal practitioner; (f) if the accused person is liable to be sentenced to death or to life imprisonment, to have a legal practitioner assigned by the State at State expense, and to be represented by that legal practitioner; (g) to be informed of the rights conferred by paragraphs (e) and (f); (h) to adduce and challenge evidence; (i) to have the proceedings of the trial interpreted so that the accused person understands them; (j) not to be compelled to give evidence; (k) not to be convicted on account of an act or omission that was not an offence when it took place; (1) not to be tried in respect of an act or omission for which the accused person has been pardoned or either acquitted or convicted on the merits in previous criminal proceedings, unless (i) a court has set aside those earlier proceedings on the grounds of a procedural irregularity or defect; or (ii) for some other reason, a court has ordered a retrial; (m) to be sentenced to the lesser of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing. (3) Where this section requires information to be given to a person (a) the information must be given in a language the person understands; and (b) if the person cannot read or write, any document embodying the information must be
Annexure B to Power Sharing Agreement Kariba Draft Constitution
explained in such a way that he or she understands it.
(4) In any criminal trial, evidence that has been obtained in a manner that violates any provision of this Chapter must be excluded if the admission of the evidence would render the trial unfair or otherwise be detrimental to the administration of justice or the public interest.
(5) Criminal proceedings, including the announcement of the court’s decision, must be held in public.
(6) Anyone who has been tried for an offence has the right, on payment of a reasonable fee, to be given a copy of the record of the proceedings within a reasonable time after judgment is delivered in the trial.
(7) Anyone who has been tried and convicted of an offence by a court has the right, subject to reasonable restrictions that may be prescribed by law, to (a)’ have the case reviewed by a higher court; or (b) appeal to a higher court against the conviction and any sentence that may have been imposed.
(8) A law may impose on a person charged with an offence the burden of proving particular facts which are or ought to be within the person’s knowledge or readily ascertainable by the person.
(9) A law may allow a court to draw whatever inferences are proper from an accused person’s refusal to answer a question, and to treat the refusal, on the basis of those inferences, as evidence corroborating any other evidence given against the accused person.
51 Protection of law: fairness in civil proceedings
(1) Everyone is entitled to have the existence or extent of their civil rights or obligations decided, within a reasonable time and after a fair hearing, by an independent and impartial court or tribunal established by law.
(2) The proceedings in which a court or tribunal decides the existence or extent of a person’s civil rights and obligations, including the announcement of its decision, must be held in public.
52 Right to information
(1) Everyone has the right of access to information which is held by any person, including any organ or agency of the State or Government or local government, if the information is required for the exercise or protection of any right or in the interests of public accountability.
(2) A law may prohibit or restrict access to information in the interests of defence, public security, justice, the protection of individual privacy or the public interest.
53 Right to just administrative action
(1) Everyone has the right to administrative action that is prompt, legal, reasonable, impartial and procedurally fair.
(2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons for that action.
54 Rights of children, their parents and guardians
(1) In this section “child” means a human being under the age of eighteen years.
(2) Every child has the right to a name from birth.
(3) A child’s best interests are of paramount importance in every matter concerning the child.
(4) Children under the age of ten years lack criminal capacity and are exempt from criminal liability for anything done by them at that age.
(5) Trials of children accused of committing offences must be conducted according to Annexure B to Power Sharing Agreement Kariba Draft Constitution
procedures that take account of the children’s age and the desirability of promoting their rehabilitation.
(6) Parents and guardians have the right to ensure the religious and moral education of their children in conformity with their own convictions.
(7) Parents and guardians have the right, at their own expense, to send their children to educational institutions of their choice.
55 Right to establish and maintain educational institutions Everyone has the right to establish and maintain independent educational institutions at their own expense, but a written law may require the institutions to be registered with the State, a provincial council or a local authority and to maintain reasonable standards prescribed in or under the law.
56 Right to property
(1) Subject to section 57, everyone’s right to own or hold property and to use and enjoy their property is protected, although this right may be subordinated in the public interest or for public purposes 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 utilisation of that or any other land – A. for settlement for agricultural or other purposes; or B. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or C. for the relocation of persons dispossessed in consequence of the utilisation 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 utilisation 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) 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 utilisation 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).
Annexure B to Power Sharing Agreement Kariba Draft Constitution
(2) 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 shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
(3) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question authorises 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; (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.
(4) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 5, on the remittability of any commutation of a pension.
(5) Nothing contained in or done under the authority of any law shall be 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 the order of court punishing him or her for contempt of that court or of another court or tribunal or in execution of the order of the Senate or the National Assembly punishing him or her for a contempt; (c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law; Annexure B to Power Sharing Agreement Kariba Draft Constitution (d) as an incident of a contract, or of a title deed to land fixed at the time of the grant 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 judgement 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 utilisation 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; (1) 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. (6) Nothing contained in or done under the authority of any law shall be 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 organisation. which is, in the interests of defence, public safety or public order, prescribed 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 so
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