CONSTITUTION of Zimbabwe
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Constitution of Zimbabwe

ZIMBABWE

__________

ACT

To repeal and substitute the Constitution of Zimbabwe.

ENACTED by the President and the Parliament of Zimbabwe.

  • Short title

This Act may be cited as the Constitution of Zimbabwe Amendment (No. 20) Act, 2013.

  • Interpretation

In this Act—

“existing Constitution” means the Constitution of Zimbabwe that came into

operation on the 18th April, 1980, as subsequently amended;

“new Constitution” means the Constitution of Zimbabwe set forth in the Schedule.

  • Repeal of existing Constitution by new Constitution
    • Subject to subsection (2), the existing Constitution is repealed and substituted by the new Constitution.
    • For the avoidance of doubt it declared that—
    • the new Constitution is enacted on the “publication day” as defined in the

Sixth Schedule to that Constitution, that is to say, on the date on which this Act is published in the Gazette in accordance with section 51(5) of the existing Constitution; and

  • with effect from the date of enactment of the new Constitution as described in paragraph (a), the existing Constitution remains in force to the extent specified in the Sixth Schedule of the new Constitution.

SCHEDULE (SECTION 2)

CONSTITUTION OF ZIMBABWE ___________________

ARRANGEMENT OF SECTIONS

Preamble.

CHAPTER 1

FOUNDINGPROVISIONS

Section

  1. The Republic.
  2. Supremacy of Constitution.
  3. Founding values and principles.
  4. National Flag, National Anthem, Public Seal and Coat of Arms.
  5. Tiers of government.
  6. Promotion of public awareness of Constitution.

CHAPTER 2

NATIONALOBJECTIVES

  1. Objectives to guide State and all institutions and agencies of government.
  2. Good governance.
  3. National unity, peace and stability.
  4. Fostering of fundamental rights and freedoms.
  5. Foreign policy.
  6. National development.
  7. Empowerment and employment creation.
  8. Food security.
  9. Gender balance.
  10. Fair regional representation.
  11. Elderly persons.
  12. Persons with disabilities.
  13. Veterans of the Liberation Struggle.
  14. Work and labour relations.
  15. Protection of the family.
  16. Health services.
  17. Social welfare.
  18. Legal aid.
  19. Sporting and recreational facilities.

Section

  1. Preservation of traditional knowledge.
  2. Domestication of international instruments.

CHAPTER 3

CITIZENSHIP

  1. Zimbabwean citizenship.
  2. Citizenship by birth.
  3. Citizenship by descent.
  4. Citizenship by registration.
  5. Revocation of citizenship.
  6. Retention of citizenship despite marriage or dissolution of marriage.
  7. Citizenship and Immigration Board.
  8. Powers of Parliament in regard to citizenship.
  9. Continuation and restoration of previous citizenship.

CHAPTER 4

DECLARATION OFRIGHTS

PART 1

APPLICATION ANDINTERPRETATION OFCHAPTER4

  1. Duty to respect fundamental human rights and freedoms.
  2. Application of Chapter 4.
  3. Interpretation of Chapter 4.
  4. Chapter 4 does not preclude existence of other rights.

PART 2

FUNDAMENTALHUMANRIGHTS ANDFREEDOMS

  1. Right to life.
  2. Right to personal liberty.
  3. Rights of arrested and detained persons.
  4. Right to human dignity.
  5. Right to personal security.
  6. Freedom from torture or cruel, inhuman or degrading treatment or punishment.
  7. Freedom from slavery or servitude
  8. Freedom from forced or compulsory labour.
  9. Equality and non-discrimination.
  10. Right to privacy.
  11. Freedom of assembly and association.
  12. Freedom to demonstrate and petition.
  13. Freedom of conscience.
  14. Freedom of expression and freedom of the media.
  15. Access to information.
  16. Language and culture.
  17. Freedom of profession, trade or occupation.
  18. Labour rights.
  19. Freedom of movement and residence.
  20. Political rights.
  21. Right to administrative justice.
  22. Right to a fair hearing.
  23. Rights of accused persons.

Section

  1. Property rights.
  2. Rights to agricultural land.
  3. Environmental rights.
  4. Freedom from arbitrary eviction.
  5. Right to education.
  6. Right to health care.
  7. Right to food and water.
  8. Marriage rights.

PART 3

ELABORATION OFCERTAINRIGHTS

  1. Application of Part 3.
  2. Rights of women.
  3. Rights of children.
  4. Rights of the elderly.
  5. Rights of persons with disabilities.
  6. Rights of veterans of the liberation struggle.

PART 4

ENFORCEMENT OFFUNDAMENTALHUMANRIGHTS ANDFREEDOMS 85. Enforcement of fundamental human rights and freedoms.

PART 5

LIMITATION OFFUNDAMENTALHUMANRIGHTS ANDFREEDOMS

  1. Limitation of rights and freedoms.
  2. Limitations during public emergency.

CHAPTER 5

THE EXECUTIVE

PART 1

EXECUTIVEAUTHORITY 88. Executive authority.

PART 2

THE PRESIDENT AND VICE-PRESIDENTS

  1. The President.
  2. Duties of President.
  3. Qualifications for election as President and Vice-President.
  4. Election of President and Vice-Presidents.
  5. Challenge to presidential election.
  6. Assumption of office by President and Vice-Presidents.
  7. Term of office of President and Vice-Presidents.
  8. Resignation of President or Vice-President.
  9. Removal of President or Vice-President from office.
  10. Presidential immunity.
  11. Functions of Vice-Presidents.

Section

  1. Acting President.
  2. Succession in event of death, resignation or incapacity of President or VicePresident.
  3. Remuneration of President and Vice-Presidents.
  4. President and Vice-Presidents and former office-holders not to hold other office or employment.

PART 3

MINISTERS,DEPUTY MINISTERS AND CABINET

  1. Appointment of Ministers and Deputy Ministers.
  2. Conduct of Vice-Presidents, Ministers and Deputy Ministers.
  3. Accountability of Vice-Presidents, Ministers and Deputy Ministers.
  4. Tenure of office of Ministers and Deputy Ministers. 109. Vote of no confidence in Government.

PART 4

EXECUTIVE FUNCTIONS

  1. Executive functions of President and Cabinet.
  2. War and peace.
  3. Power of mercy.
  4. States of public emergency.

PART 5

ATTORNEY-GENERAL

  1. Attorney-General.
  2. Removal from office of Attorney-General.

CHAPTER 6

THE LEGISLATURE

PART 1

LEGISLATIVE AUTHORITY

  1. The Legislature.
  2. Nature and extent of legislative authority.

PART 2

PARLIAMENT

  1. Role of Parliament.

PART 3

THE SENATE

  1. Composition of Senate.
  2. Qualifications and disqualifications for election as Senator. 122. President of Senate.

Section

  1. Deputy President of Senate.

PART 4

THENATIONALASSEMBLY

  1. Composition of National Assembly.
  2. Qualifications and disqualifications for election to National Assembly.
  3. Speaker of National Assembly.
  4. Deputy Speaker of National Assembly.

PART 5

TENURE OFMEMBERS OFPARLIAMENT

  1. Oath of Member of Parliament.
  2. Tenure of seat of Member of Parliament.

PART 6

LEGISLATIVEANDOTHERPOWERS

  1. Powers and functions of Senate and National Assembly.
  2. Acts of Parliament and procedure for their enactment.
  3. Commencement of Acts of Parliament.
  4. Enrolment of Acts of Parliament. 134. Subsidiary legislation.

PART 7

PROCEDURE INPARLIAMENT

  1. Head of Parliament.
  2. Persons presiding in Parliament.
  3. Quorum in Parliament.
  4. Voting and right of audience in Parliament.
  5. Standing Orders.
  6. Presidential addresses and messages to Parliament.
  7. Public access to and involvement in Parliament. 142. Validity of proceedings in Parliament.

PART 8

DURATION,DISSOLUTION ANDSITTINGS OFPARLIAMENT

  1. Duration and dissolution of Parliament.
  2. General election resulting from dissolution of Parliament.
  3. First sitting of Parliament following general election.
  4. Sittings and recess periods.
  5. Lapsing of Bills, motions, petitions and other business on dissolution of Parliament.

PART 9

GENERALMATTERSRELATING TOPARLIAMENT

  1. Privileges and immunities of Parliament.
  2. Right to petition Parliament.
  3. Venue of Parliament.
  4. Committee on Standing Rules and Orders.

Section

  1. Parliamentary Legal Committee.
  2. Remuneration of President of Senate, Speaker and Members of Parliament. 154. Clerk of Parliament and other staff.

CHAPTER 7

ELECTIONS

PART 1

ELECTORALSYSTEMS ANDPROCESSES

  1. Principles of electoral system.
  2. Conduct of elections and referendums. 157. Electoral Law.

PART 2

TIMING OFELECTIONS

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

PART 3

DELIMITATION OFELECTORALBOUNDARIES

  1. Number of constituencies and wards. 161. Delimitation of electoral boundaries.

CHAPTER 8

THEJUDICIARY AND THECOURTS

PART 1

THECOURTSYSTEM

  1. Judicial authority.
  2. The judiciary.
  3. Independence of judiciary.
  4. Principles guiding judiciary.
  5. Constitutional Court.
  6. Jurisdiction of Constitutional Court.
  7. Supreme Court.
  8. Jurisdiction of Supreme Court.
  9. High Court.
  10. Jurisdiction of High Court.
  11. Labour Court.
  12. Administrative Court.
  13. Other courts and tribunals.
  14. Powers of courts in constitutional matters.
  15. Inherent powers of Constitutional Court, Supreme Court and High Court.

PART 2

APPOINTMENT AND TENURE OF MEMBERS OF JUDICIARY

Section

  1. Qualifications of judges of Constitutional Court.
  2. Qualifications of judges of Supreme Court.
  3. Qualifications of judges of High Court, Labour Court and Administrative Court.
  4. Appointment of judges.
  5. Acting judicial appointments.
  6. Appointment of magistrates and other members of judiciary.
  7. Judicial officers not to be appointed to more than one court.
  8. Judicial appointments to reflect society.
  9. Oath of office.
  10. Tenure of office of judges.
  11. Removal of judges from office.
  12. Conditions of service and tenure of members of judiciary.

PART 3

JUDICIAL SERVICE COMMISSION

  1. Establishment and composition of Judicial Service Commission.
  2. Functions of Judicial Service Commission.
  3. Fairness and transparency of proceedings of Judicial Service Commission.

PART 4

GENERAL

  1. Law to be administered.
  2. Criminal jurisdiction of courts.

CHAPTER 9

PRINCIPLES OF PUBLIC ADMINISTRATION AND LEADERSHIP

  1. Basic values and principles governing public administration.
  2. State-controlled commercial entities.
  3. Responsibilities of public officers and principles of leadership.
  4. Terms of office of heads of government-controlled entities.
  5. Legislation to enforce Chapter 9.

CHAPTER 10

CIVIL SERVICE

  1. Civil Service.
  2. Conduct of members of Civil Service.
  3. Minister responsible for Civil Service.
  4. Establishment and composition of Civil Service Commission.
  5. Functions of Civil Service Commission.
  6. Ambassadors and other principal representatives of Zimbabwe. 205. Permanent Secretaries.

CHAPTER 11

SECURITY SERVICES

PART 1

GENERAL PROVISIONS

Section

  1. National security.
  2. Security services.
  3. Conduct of members of security services.
  4. National Security Council.
  5. Independent complaints mechanism.

PART 2

DEFENCE FORCES

  1. Defence Forces.
  2. Function of Defence Forces.
  3. Deployment of Defence Forces.
  4. Political accountability for deployment of Defence Forces.
  5. Minister responsible for Defence Forces.
  6. Command of Defence Forces.
  7. Establishment and composition of Defence Forces Service Commission. 218. Functions of Defence Forces Service Commission.

PART 3

POLICE SERVICE

  1. Police Service and its functions.
  2. Minister responsible for Police Service.
  3. Commissioner-General of Police.
  4. Establishment and composition of Police Service Commission. 223. Functions of Police Service Commission.

PART 4

INTELLIGENCE SERVICES

  1. Establishment of intelligence services.
  2. Minister responsible for national intelligence service. 226. Command or control of national intelligence service.

PART 5

PRISONS AND CORRECTIONAL SERVICE

  1. Prisons and Correctional Service and its functions.
  2. Minister responsible for Prisons and Correctional Service.
  3. Commissioner-General of Prisons and Correctional Service.
  4. Establishment and composition of Prisons and Correctional Service Commission. 231. Functions of Prisons and Correctional Service Commission.

CHAPTER 12

INDEPENDENT COMMISSIONS SUPPORTING DEMOCRACY

PART 1

GENERAL

Section

  1. Independent Commissions.
  2. Objectives of independent Commissions.
  3. Staff of independent Commissions.
  4. Independence of Commissions.
  5. Members of independent Commissions to be non-political.
  6. Appointment and removal from office of members of independent Commissions.

PART 2

ZIMBABWE ELECTORAL COMMISSION 238. Establishment and composition of Zimbabwe Electoral Commission.

  1. Functions of Zimbabwe Electoral Commission.
  2. Disqualifications for appointment to Zimbabwe Electoral Commission.
  3. Zimbabwe Electoral Commission to report on elections and referendums.

PART 3

ZIMBABWE HUMAN RIGHTS COMMISSION 242. Establishment and composition of Zimbabwe Human Rights Commission.

  1. Functions of Zimbabwe Human Rights Commission.
  2. Reports to and by Zimbabwe Human Rights Commission.

PART 4

ZIMBABWE GENDER COMMISSION 245. Establishment and composition of Zimbabwe Gender Commission.

  1. Functions of Zimbabwe Gender Commission. 247. Reports by Zimbabwe Gender Commission.

PART 5

ZIMBABWE MEDIA COMMISSION 248. Establishment and composition of Zimbabwe Media Commission.

  1. Functions of Zimbabwe Media Commission. 250. Reports of Zimbabwe Media Commission.

PART 6

NATIONAL PEACE AND RECONCILIATION COMMISSION

  1. Establishment and composition of National Peace and Reconciliation Commission.
  2. Functions of National Peace and Reconciliation Commission. 253. Reports of National Peace and Reconciliation Commission.

CHAPTER 13

INSTITUTIONS TO COMBAT CORRUPTION AND CRIME

PART 1

ZIMBABWE ANTI-CORRUPTION COMMISSION

Section

  1. Establishment and composition of Zimbabwe Anti-Corruption Commission.
  2. Functions of Zimbabwe Anti-Corruption Commission.
  3. Application of certain provisions of Chapter 12 to Zimbabwe Anti-Corruption Commission.
  4. Reports by Zimbabwe Anti-Corruption Commission.

PART 2

NATIONAL PROSECUTING AUTHORITY

  1. Establishment and functions of National Prosecuting Authority.
  2. Prosecutor-General and other officers.
  3. Independence of Prosecutor-General.
  4. Conduct of officers of National Prosecuting Authority.
  5. Prosecutor-General to report annually to Parliament. 263. Other powers of prosecution.

CHAPTER 14

PROVINCIAL AND LOCAL GOVERNMENT

PREAMBLE

PART 1

PRELIMINARY

  1. Devolution of governmental powers and responsibilities.
  2. General principles of provincial and local government.
  3. Conduct of employees of provincial and local governments.

PART 2

PROVINCES AND PROVINCIAL AND METROPOLITAN COUNCILS

  1. Provinces and districts of Zimbabwe.
  2. Provincial councils.
  3. Metropolitan councils.
  4. Functions of provincial and metropolitan councils.
  5. Committees of provincial councils.
  6. Chairpersons of provincial councils.
  7. General provisions relating to provincial and metropolitan councils.

PART 3

LOCAL GOVERNMENT

  1. Urban local authorities
  2. Local authorities for rural areas.
  3. Functions of local authorities.
  4. Elections to local authorities.
  5. Tenure of seats of members of local authorities. 279. Procedure of local authorities.

CHAPTER 15

TRADITIONAL LEADERS Section

  1. Traditional leadership.
  2. Principles to be observed by traditional leaders.
  3. Functions of traditional leaders.
  4. Appointment and removal of traditional leaders.
  5. Remuneration and benefits of traditional leaders.
  6. National Council and provincial assemblies of Chiefs.
  7. Functions of National Council and provincial assemblies of Chiefs. 287. Integrity and Ethics Committee.

CHAPTER 16

AGRICULTURAL LAND

  1. Interpretation of Chapter 16.
  2. Principles guiding policy on agricultural land.
  3. Continuation of rights of State in agricultural land.
  4. Continuation of rights of occupiers of agricultural land.
  5. Security of tenure for occupiers of agricultural land.
  6. Alienation of agricultural land by State.
  7. Alienation of agricultural land by owners or occupiers.
  8. Compensation for acquisition of previously-acquired agricultural land.
  9. Establishment and composition of Zimbabwe Land Commission. 297. Functions of Zimbabwe Land Commission.

CHAPTER 17

FINANCE

PART 1

FINANCIAL MANAGEMENT

  1. Principles of public financial management.
  2. Parliamentary oversight of State revenues and expenditure.
  3. Limits of State borrowings, public debt and State guarantees.
  4. Allocation of revenues between provincial and local tiers of government.

PART 2

CONSOLIDATED REVENUE FUND

  1. Consolidated Revenue Fund.
  2. Withdrawals from Consolidated Revenue Fund. 304. Charges upon Consolidated Revenue Fund.

PART 3

AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED REVENUE FUND

  1. Appropriations from Consolidated Revenue Fund.
  2. Authorisation of expenditure in advance of appropriation. 307. Unauthorised expenditure.

PART 4

SAFEGUARDING OF PUBLIC FUNDS AND PROPERTY

Section

  1. Duties of custodians of public funds and property.

PART 5

AUDITOR-GENERAL

  1. Auditor-General and his or her functions.
  2. Appointment of Auditor-General.
  3. Independence of Auditor-General.
  4. Remuneration of Auditor-General.
  5. Removal of Auditor-General from office. 314. Staff of Auditor-General.

PART 6

GENERAL

  1. Procurement and other governmental contracts.
  2. Management of statutory bodies. 317. Reserve Bank of Zimbabwe.

CHAPTER 18

GENERAL AND SUPPLEMENTARY PROVISIONS

PART 1

GENERAL PROVISIONS AS TO COMMISSIONS

  1. Application of Part 1.
  2. Commissions to be bodies corporate.
  3. Membership of Commissions and conditions of service of members.
  4. Functions and procedure of Commissions.
  5. Funding of Commissions.
  6. Commissions to report annually to Parliament.

PART 2

GENERAL

  1. Diligent performance of constitutional obligations.
  2. Funding of constitutional bodies and other institutions.
  3. Customary international law.
  4. International conventions, treaties and agreements.
  5. Amendment of Constitution.
  6. Commencement of Constitution, transitional provisions and savings.

PART 3

INTERPRETATION

  1. Application of Part 3.
  2. General principles of interpretation of the Constitution.
  3. References to Chapters, sections, etc.
  4. Words in singular to include plural, and vice versa.

Section

  1. Tables and headings.
  2. References to time.
  3. References to holders of office.
  4. References to Parliament.
  5. Advice and consultation.
  6. Exercise of functions, etc.
  7. When person not regarded as holding public office.
  8. Quorum and effect of vacancies in constitutional bodies. 345. Inconsistencies between different texts of Constitution.

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

SECOND SCHEDULE: Limitations on Rights During Public Emergencies.

THIRD SCHEDULE: Oaths and Affirmations.

FOURTH SCHEDULE: Qualifications for Voters.

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

SIXTH SCHEDULE: Commencement of this Constitution, Transitional Provisions and Savings.

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