CONSTITUTION OF ZIMBABWE 2013 PRESENTATION

WHAT IS A CONSTITUTION?

A Constitution is a document which sets out fundamental principles or established precedents

according to which a State or organization is governed.

HISTORICAL BACKGROUND

Prior to our current Constitution we had the Lancaster House Constitution (1980
Constitution). The current Constitution is a home-grown document which was made by the
people and for the people of Zimbabwe. Former South African Chief Justice, Ishmael
Mohamed emphasized the importance of the Constitution by stating that:
“The Constitution is not simply a statute..., it is a mirror of the national soul, the
identification of the ideals and aspirations of a nation, the articulation of the values binding
its people and disciplining its government.”

The constitution making process was born out of Article VI of the Global Political
Agreement (GPA). A Constitutional Parliamentary Select Committee (COPAC) was
established in 2009 which spearheaded the collection of contributions from all sectors of
society and adopted a Draft Constitution. The draft was debated by Parliament in February
2013. A referendum was held on the 16th of March 2013, where over 3 million Zimbabweans
voted in favour of the Draft while 179,489 voted against it. The Bill was then passed by
Parliament. The Constitutional Bill was signed into law on the 22nd of May 2013.

ARRANGEMENT OF SECTIONS

The Constitution of Zimbabwe Amendment Act (No.20) Act 2013 has 345 sections which are
divided into 18 Chapters. The long chapters are divided into parts which demarcate sub-
categories. The Constitution also has 6 schedules with provisions some which are already
applicable and some which will apply in the future after 2023.
PREAMBLE

The Constitution begins with a preamble; which serves to explain how it came into being, as
well as the nature of the system established by the Constitution and the values and aspirations

of the people. The preamble articulates our shared values, norms, principles and peculiarities

as a sovereign people such as:

 Recognition of the sacrifices made during the umvukela/chimurenga
and the national liberation struggles;
 Acknowledges the richness of our natural resources;
 Celebrates the diverse cultures and traditions;
 Our commitment to uphold and defending fundamental human rights
and freedoms; and
 Importantly places a commitment to everyone to build a united, just
and prosperous nation, founded on values of transparency, equality,
freedom, fairness, honesty and dignity of hard work

CHAPTER 1

This chapter has the Founding Provisions which lay out the supremacy of the Constitution
and its dominion over all the laws of Zimbabwe. Section 2 provides that all laws must
comply with the Constitution such that laws that are inconsistent with it are invalid and
unlawful. The principle implies not only that all other laws must be subject to the
Constitutional provisions, but also customs, practices and conduct by everyone including the
State should be in compliance with the constitution. It goes on to provide founding values and
principles which reflect on the manner people want to be governed. These include but not
limited to:
 Rule of law- is a principle of governance in which all persons, institutions and
entities, public and private, including the State itself, are accountable to laws that are
publicly promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards
 Human rights- all people have fundamental rights and freedoms
  Equality-all people are equal before the law and have the right to equal protection of
the law
 Good governance- transparency, justice, accountability and responsiveness
 Democracy- Zimbabwe has a multi-party democratic government with free and fair
elections.
The Constitution sets out the arrangement of government and national symbols like the
national flag, national anthem, public seal and coat of arms and the 16 officially recognised
languages.

CHAPTER 2

Chapter 2 sets out the national objectives. National objectives according to Section 8 of the
Constitution guide the State and all institutions and agencies of government at every level in
formulating and implementing laws and policy decisions that will lead to the establishment,
enhancement and promotion of a sustainable, just, free and democratic society in which
people enjoy prosperous, happy and fulfilling lives. The state has an obligation to:
i. provide good governance,
ii. protect and promote fundamental rights and freedoms,
iii. promote national unity peace, development,
iv. promote regional and Pan-African cultural, economic and political cooperation and
integration,
v. promote full gender balance in Zimbabwean society, in particular participation of
women in all spheres of Zimbabwean society on the basis of equality with men,
vi. Adopt policies and measures to ensure best interests of children are recognised,
vii. recognise the rights of persons with physical or mental disabilities,
viii. ensure the provision of basic, accessible and adequate health services throughout
Zimbabwe,
ix. ensure that no marriage is entered into without the free and full consent of the
intending spouses and children are not pledged into marriage,
x. promote free and compulsory basic education for children and higher and tertiary
education and to ensure girls are afforded the same opportunities as boys in education,
xi. Provide social security and social care to those in need, within the limits of the
resources available to it,
 xii. Encourage sporting and recreational facilities,
xiii. Preserve, protect and promote of traditional knowledge of local communities and
people
xiv. Ensure that all international conventions, treaties and agreements to which Zimbabwe
is a party are incorporated into domestic law

CHAPTER 3

Chapter 3 provides for citizenship and the rights and obligations thereof pertaining to
Zimbabwean citizenship. It lays out how Zimbabwean citizenship is acquired which is by
birth, or by descent or by registration (Section 35).

A person is regarded as a Citizen by birth in Section 36 if they were born in Zimbabwe and
when they were born, either their mother or father or any of the grandparents was a
Zimbabwean Citizen by birth or descent.

A person born outside Zimbabwe are Zimbabwean citizens by descent if, when they were
born either parents was a Zimbabwean citizen by birth or descent and the birth is registered in
Zimbabwe in accordance with the law relating to registration of births.

Section 38 provides for the requirements for application as citizenship by registration. These
include:
- A person who has been married to a Zimbabwean citizen for at least five years
- A person who has been continuously and lawfully resident in Zimbabwe for at least
10 years
- A child who is not a Zimbabwean citizen, but adopted by a Zimbabwean citizen

This chapter also sets out the circumstances under which Zimbabwean citizenship can be
revoked; when such citizenship was acquired through fraud, false representation or
concealment of a material fact or when during a war in which Zimbabwe was engaged, the
person concerned unlawfully traded or communicated with the enemy or engaged in any
business so as to assist the enemy in the war. It also grants Parliament the powers to make
citizenship laws. Section 42(e) makes dual citizenship possible for Zimbabweans who are
citizens by birth.

CHAPTER 4

This chapter contains the Declaration of the Bill of Rights. The first part provides the duty
imposed on the State and every person, including juristic persons to respect, protect, promote
and fulfil the rights and freedoms set out in this chapter. When interpreting this chapter, a
court tribunal forum or body, must give full effect to the rights and freedoms enshrined and
promote the values and principles that underlie a democratic society. Regard should be had
on international law, treaties and conventions to which Zimbabwe is a party and the
provisions of the Constitution.

Part 2 provides for all the fundamental human rights and freedoms which are protected in the
Constitution. This constitution has an expanded bill of rights unlike the Lancaster
Constitution which only had civil and political rights. Section 48-72 provides for civil and
political rights which include the right to life, personal liberty, human dignity, personal
security, freedom from torture or cruel and degrading treatment or punishment, freedom from
slavery or servitude, freedom from forced or compulsory labour, equality and non
discrimination, right to privacy, freedom of assembly and association, freedom to
demonstrate and petition, freedom of conscience, freedom of expression and freedom of the
media, access to information, language and culture, freedom of profession trade or
occupation, freedom of movement and residence, political rights, labour rights, rights to
administrative justice, rights to a fair hearing, rights of accused persons, property rights,
rights to agricultural land.

Socio-economic and cultural rights are then provided for in section 73-78. These include
freedom from arbitrary eviction, rights to healthcare, right to education, to food and water
and marriage rights.

Part 3 is the Elaboration of Certain Rights namely the rights of women, rights of children,
rights of the elderly, rights of persons with disabilities and the rights of the veterans of the
liberation struggle. These rights are afforded to particular classes of people but do not limit
any rights mentioned in Part 2. The Constitution provides for equality of rights between men
and women with regards to opportunities in political, economic and social and activities. This
equality also extends to custody and guardianship of children.

To elaborate, the Constitution gives children the right of equality before the law and protects
Children from economic and sexual exploitation, child labour, maltreatment, neglect and
abuse. It also states that in every matter concerning a child, the child’s best interests are
paramount.

The Constitution places an obligation on the State to take appropriate measures within the
limits of the resources to ensure that persons with disabilities realise their full mental and
physical potential. Measures include enabling them to be self reliant, to live with their
families, to protect them from all forms of exploitation and abuse and to give them access to
medical, psychological and functional treatment. War veterans are recognised for their
contribution to the liberation of Zimbabwe and are entitled to appropriate welfare such as
pensions and access to basic health care.

Part 4 deals with the Enforcement of Fundamental Human Rights and Freedoms. Section 85
sets out the role of the Constitutional Court and its role in enforcement of the Constitution
and remedying Constitutional breaches.

Part 5 provides for the limitation of fundamental human rights and freedoms. It states that
fundamental rights and freedoms may be lawfully limited only in terms of a law of general
application and to the extent that the limitation is fair, reasonable, necessary and justifiable in
a democratic society. Some rights however cannot be limited. These rights are;
i. Right to life
ii. Right to human dignity,
iii. freedom from torture or cruel, inhuman or degrading treatment or punishment,
iv. right to a fair trial and
v. the right to obtain an order of habeas corpus as provided in section 50(7)(a)
vi. The Chapter on Bill of Rights is entrenched as it is not easily amendable. It requires a
two thirds majority of each house of Parliament and the amendment must be subjected
to a referendum.
The other limitation permitted is in terms of a written law providing for measures to deal with
situations arising during public emergency which must be gazetted to be implemented.
The Chapter on Bill of Rights is well-established as it is not easily amendable. It requires a
two thirds majority of each house of Parliament and the amendment must be subjected to a
referendum.

THREE ARMS OF GOVERNMENT

The Constitution in chapter 5, 6 and 8, provides for the three arms of the State which are;
a) The Executive (Chapter 5)
b) The Legislature (Chapter 6)
c) The Judiciary (Chapter 8)
There must be a clear separation of the 3 arms of government. This is enunciated by the
doctrine of separation of powers. The executive executes the business of Government, the
legislature is responsible for law making and judiciary for interpretation of the law. This
emphasises the need to provide adequate checks and balances within the governmental
system and no role should overlap to the other.

Executive

This chapter contains provisions pertaining the Executive and its structure i.e the President
and Vice Presidents. Executive authority vests with the President who exercises it, subject to
the Constitution, through Cabinet.

Part 2 prescribes the duties of the President who is the Head of State and Government and the
Commander in Chief of the Defence Forces:
i. promote unity and peace in the nation,
ii. recognize and respect the ideals of the liberation struggle,
iii. ensure protection of fundamental human rights and freedoms and the rule of law,
iv. and respect the diversity of the people and communities in Zimbabwe.
This Part also provides for election and removal from office of the President and Vice
President. Also outlined are their functions, remuneration and succession in the event of
death, resignation or incapacity. Executive presidential powers include powers to declare war
and peace and grant mercy and declare states of emergency (Section 110-113)
Part 3 of Chapter 5 outlines the offices and roles of Ministers, Deputy Ministers and Cabinet
while Part 5 provides for the Attorney Generals’ role and office and removal from office. His
role is to act as the principal legal adviser to the Government, represent and draft legislation
for the government.

The Constitution in CHAPTER 10 goes on to establish Public Service whose function is to

work hand in hand with Executive branch of the government, to assist in the administration of
Zimbabwe and deliver services to the people. These administration functions include
appointment of qualified and competent persons to hold posts in civil service, to fix and
regulate conditions of service, to exercise control and disciplinary powers over members, to
investigate grievances and to remedy them etc.

Legislature

Chapter 6 contains the provisions relating to the Legislature which consists of Parliament and
the President acting in accordance with Chapter 6. Legislative authority confers on the
legislature the power to amend this constitution, to make laws for peace, order and good
governance and to delegate power to make statutory instruments within the scope of and for
the purposes laid out in that act (Section 117).

The provisions outline the tenure of Members of Parliament and their powers and functions.
They outline procedures of Parliament for Bills, motions, petitions and other business. The
provisions outline the duration of Parliament, dissolution and sittings. It also outlines the
special committee in Parliament such as the Committee on Standing Rules and Orders and the
Parliamentary Legal Committee and remuneration of Members of Parliament, the Speaker
and key functions.

Judiciary

Chapter 8 provides for the Judiciary and the Courts and a framework buttressing the
independence of the judiciary. Judicial authority derives from the people of Zimbabwe and is
vested in the courts. There are higher courts which are the Constitutional Court, the Supreme
Court, the High Court, the Labour Court and the Administrative Court and lower courts
namely the magistrate courts and the customary law courts and other courts established by an
Act of Parliament. The Constitution provides for composition and jurisdiction of each of the
higher courts. It also provides qualification, appointment, tenure of office and removal of
judges in each court.

Principles guiding the judiciary are provided for in section 165 that enhance its independence.
The provision states that justice must be done to all irrespective of status and that the role of
the courts is paramount in safeguarding human rights and freedoms and the rule of law.

It is further provided for that members of the judiciary, individually and collectively, must
respect and honour their judicial office as a public trust and must strive to enhance their
independence in order to maintain public confidence in the judicial system.

Part 3 of chapter 8 establishes the judicial service commission whose functions are to
promote and facilitate the independence and accountability of the judiciary and the effective
and transparent administration of justice in Zimbabwe.

CHAPTER 7

This chapter is in 3 parts and contains provisions pertaining the Electoral System and
processes, timing of elections and delimitation of electoral boundaries. Section 155 provides
for the principles of the electoral system which include:
i. That they should be peaceful, free and fair;
ii. That they must be conducted by secret ballot;
iii. That they must based on universal adult suffrage and equality of votes; and
iv. That they must be free from violence and other electoral malpractices.

It provides that elections must be held so that polling takes place not more than thirty day
before the expiry of the five year period which runs from the date on which the President
elect is sworn in and assumes office.

CHAPTER 9
Chapter 9 provides for the principles of public administration and leadership. It outlines the
qualities and guidelines that have to be followed by Government officials, State agents and
Institutions. It also outlines that an Act of Parliament may provide for term limits for CEO’s,
Heads of Statutory bodies and other entities owned or controlled by the State.

Section 194 outlines about eleven principles listed as the basic values and principles
governing public administration in Zimbabwe. People must be governed by the democratic
values and principles enshrined in this Constitution by these principles:
a) a high standard of professional ethics must be promoted and maintained
b) efficient and economical use of resources must be promoted
c) public administration must be development-oriented
d) services must be provided impartially, fairly, equitably and without bias
e) people’s needs must be responded to within a reasonable time, and the public must be
encouraged to participate in policy-making
f) public administration must be accountable to Parliament and to the people
g) institutions and agencies of government at all levels must cooperate with each other
h) transparency must be fostered by providing the public with timely, accessible and
accurate information
i) good human-resource management and career –development practices, to maximise
human potential, must be cultivated
Appointment to offices in all tiers of government, including government institutions and
agencies and government-controlled entities and other public enterprises, must be made
primarily on the basis of merit. [Section 194(2)].

CHAPTER 11

The provisions of Chapter 11 pertain to the Security Services, their roles and functions as
well as their conduct. These include as mentioned in Section 207 Defence Forces, the Police
Service, Intelligence Services, the Prisons and Correctional Service and other security
services established by act of Parliament. Members of the security services are subject to the
authority of the Constitution, the President and Cabinet and are also subject to parliamentary
oversight.

Subjection to the Constitution

This relates to the conduct of security forces members. Section 208 states that all members
must act in accordance with the constitution and the law. It further provides that in the
exercise of their function they are not allowed to;
a) act in a partisan manner- they cannot adhere or be associated to any political party
b) further the interests of any political party cause
c) prejudice the lawful interests of any political party or cause or
d) violate the fundamental rights or freedoms of any person
e) be active members or office bearers of any political party
f) be employed or engaged in civilian institutions except in periods of public emergency

Subjection to the President

The President is the Commander-in-chief of the Defence Forces and he alone has the power
to authorise the deployment of defence forces or to determine the operational use of the
defence forces. This is provided for in Section 213 of the Constitution.
The President is also responsible for the appointment of the Ministers responsible for security
services.

Subjection to the Parliamentary oversight

Parliament must also be informed of where the defence forces are deployed in Zimbabwe or
outside Zimbabwe and the exact country which they are deployed.
By a two-thirds majority of the total membership of Parliament, at a joint sitting of the senate
and national assembly, Parliament may resolve that a deployment be rescinded and when the
President should take all practical steps to withdraw the defence forces (section 213,
subsection 4 and 5).

Section 210 provides for the setting up of an independent complaints mechanism whose task
is to receive and investigate complaints from members of the public about misconduct by
members of the security services. The security services comprise the Defence Forces, Police
Service, the Intelligence Services and the Prisons and Correctional Services.

CHAPTER 12
This Chapter creates the Independent Commissions supporting democracy and their
establishment and objectives and removal from office. There are five of them namely:
i. The Electoral Commission, whose function is to prepare for, conduct and supervise
elections.
ii. Human Rights Commission, whose chief function is to promote awareness, respect
for and protection of human rights and freedoms at all levels of society
iii. Gender Commission, whose chief function is to monitor issues concerning gender
equality, to ensure gender equality and to investigate cases of violation of rights
related to gender;
iv. Media Commission, whose chief function is to uphold, promote, develop freedom of
the media and promote and enforce good media ethics and practices
v. National Peace and Reconciliation Commission, which has the chief function of
developing and implementing programmes to promote national healing, unity and
cohesion in Zimbabwe and the peaceful resolution of disputes.

Objectives of the Independent Commissions

a) to support and entrench human rights and democracy
b) to promote the sovereignty and interests of the people
c) to promote constitutionalism
d) to promote transparency and accountability in public institutions
e) to secure the observance of democratic values and principles by the state and all
institutions
f) to ensure that injustices are remedied

CHAPTER 13

Chapter 13 creates the Institutions to Combat Corruption and Crime namely the Anti
corruption Commission and the National Prosecuting Authority.

Anti-corruption commission
This commission consists of a chairperson appointed by the president after consultation of the
Committee on standing rules and orders and eight other members appointed by the President
from a list of not fewer than 12 nominees. Members must be chosen for their integrity and
their knowledge and the experience in administration or prosecution or investigation of crime
for their general suitability for appointment. The functions include to investigate and expose
cases of corruption, theft, misappropriation, abuse of power, and other improper conduct in
the public sector.

National Prosecuting Authority

Established in terms of Section 258 of the Constitution. They have the responsibility for
instituting and undertaking criminal prosecutions on behalf of the State and discharging any
functions that are necessary or incidental to such prosecutions. The NPA is an independent
body acting in accordance with the constitution and the law.

CHAPTER 14

Chapter 14 has provisions relating to Provincial and Local Government which include
establishment of Metropolitan councils and devolution, the functions of local authorities and
procedure.

Devolution and the Tiers of Government

Devolution can be defined as a comprehensive type of decentralization and generally refers to
the transfer of authority for decision making, finance and management from central
government to local authorities with corporate status.
Our Constitution in section 264 states that whenever appropriate, governmental powers and
responsibilities must be devolved to provincial and metropolitan councils and local
authorities which are competent to carry out those responsibilities efficiently and effectively.
Objectives of devolution include;
a) Giving power of local governance to the people and enhance their participation in the
exercise of the powers of the State and in making decisions affecting them.
b) To promote democratic, effective, transparent, accountable and coherent government
in Zimbabwe as a whole,
c) To ensure the equitable sharing of local and national resources, and
d) To transfer responsibilities and resources from the national government in order to
establish a sound financial base for each provincial and metropolitan council and local
authority.

Tiers of Government
Section 5 of the Constitution lists the tiers of government in Zimbabwe. These are the
national government, provincial and metropolitan councils and local authorities. National
government in essence is the executive branch of the State which is responsible for policy
making and the civil service which is responsible for implementing the policies. The
executive and the public service have been discussed earlier therefore discussion shall be on
the other two tiers of government which are the provincial and metropolitan councils and
local authorities.

Provincial and Metropolitan Councils (Section 268)

There is a provincial and metropolitan council for each province and metropolitan council
respectively. This means that we have 8 provincial councils and 2 metropolitan councils in
Zimbabwe. The Metropolitan councils are Harare and Bulawayo Metropolitan councils.
Responsibilities of these councils include;
a) Planning and implementing social and economic development activities in respective
provinces,
b) Coordination and implementation of government programmes,
c) Planning and implementing measures for the conservation, improvement and
management of natural resources, and
d) Monitoring and evaluation of the use of resources in respective provinces.

Local Authorities
Section 274 of the Constitution provides for urban local authorities and section 275 provides
for local authorities for rural areas.
Urban authorities manage the affairs of people in urban areas throughout Zimbabwe and are
managed by councils composed of councillors elected by registered voters in the urban areas
concerned and presided over by elected mayors or chairpersons.
Rural Local Authorities represent and manage the affairs of people in rural areas.
The Constitution envisages an Act of Parliament to confer functions on local authorities.
The functions to be conferred by an Act of parliament include;
a) Power to make by-laws, regulations or rules for the effective administration of the
areas for which they have been established,
b) Power to levy rates and taxes and generally to raise sufficient revenue for them to
carry out their objects and responsibilities.
CHAPTER 15

Chapter 15 provisions relate to Traditional Leaders and their roles and functions and the
National Council and provincial assemblies of Chiefs and their integrity and ethics.

CHAPTER 16

This Chapter provisions relate to Agricultural Land and the principles guiding policy on
agricultural land, security of tenure for occupiers, compensation for acquisition of land and
the establishment and composition of the Land Commission and its functions. This chapter
redressed the unjust and unfair pattern of land ownership that was brought about by
colonialism. It seeks to bring about land reform, policies and equitable access by all
Zimbabweans to the country’s natural resources.

The guiding principles are:

a) Land is a finite natural resource that forms part of Zimbabwe’s common heritage
b) Subject to s72,every Zimbabwean has a right to acquire, hold occupy, use, transfer
hypothecate, lease or dispose of agricultural land
c) Allocation and distribution of land must be fair and equitable, having regard to gender
balance and diverse community interests
d) Land tenure system must promote increased productivity and investment by
Zimbabweans in agricultural land
e) The use of agricultural land should promote food security, good health and nutrition
and generate employment.

CHAPTER 17

The provisions of Chapter 17 pertain to Financial Management of the State and the principles
of public financial management which include transparency and accountability in financial
matters, burdens and benefits of the use of resources must be shared equitable and public
funds must be expended transparently, prudently and economically effective.
It also sets out parliamentary oversight of State revenues and expenditure. It also prescribes
the limits of State borrowings, public debt and State guarantees and allocation of revenues
between provincial and local tiers of government. There are provisions relating to the
Consolidated Revenue Fund, Auditor General appointment, independence, remuneration and
removal from office. Procurement and other government contracts and management of
statutory bodies and the Reserve Bank of Zimbabwe.

CHAPTER 18

Chapter 18 is that last chapter in the constitution which has been divided into 3 parts. The
first part has General and Supplemental Provisions covering General provisions to
Commissions. The second part speaks to constitutional obligations that must be performed
diligently and without delay, Constitutional amendment and the applicability of international
conventions, treaties and amendments. The third part provides for interpretation of the
constitution transitional provisions.

CONCLUSION

The Constitution is a the supreme law of Zimbabwe founded on the principles of supremacy,
rule of law and recognition of inherent dignity and the worth of each human being. It sets out
the structures of governance and the Independent Commissions whose main aim is to
promote transparency and accountability.