2013 Consnrenies oF Zisaame Antsmnnest (No 20) Now! ZIMBABWE ACT To repeal and substitute the Constitution of Zimbabwe, ENACTED by the President and the Parliament of Zimbabwe, 1 Shorttitle ThivAct may be cited asthe Constitution of Zimbabwe Amendment (No. 20) Act.2013, 2. Interpretation In this Act— Constitution” means the Constitution of Zimbabwe that came into ‘operation on the [Sth April, 1980, as subsequently amended: tution” means the Constitution of Zimbabyve set forth in the new Ci chee 3. Repeal of existing Constitution by new Constitution (2) Subject to subsection (2). the existing Constitution is repealed and substi tuted by the new Constitution, (2) Forthe avoidance of doubs it dectared that — {@) the new Constitution is enacted on the “publication day” as defined in the Sinth Schedule to that Constitution. that is (0 say. on the date on which this Act is published in the Gacette in accordance with section $1(5} of the existing Constitution; and (b) with effect from the date of en in paragraph (a) the existing Constitution remains in foree to the extent spocitied in the Sith Schedule af the new Constitution tment of the new Constitotion as described Printed by the Government Printer, Harare, 1Not CosstereTion oF ZauaBwe AMAENDMIRST (No. 201 SCHEDULE (Seeti0s 2) CONSTITUTION OF ZIMBABWE, ARRANGEMENT OF SECTIONS. Preamble CHAPTER | Founpisa Provistoxs Section 1, The Republi. 2. Supremacy of Constitution. 3. Founding values and principles. 4. National Flag, National Anthein, Public Seal and Coat of Arms. 5. Tiers of government. 6. Languages. 7. Promotion of public awareness of Constitution. CHAPTER 2 Narosat Onsrerives 8. Objectives co guide State and all institutions and agencies of government. 9, Good governance, 10, National unity, peace and stability 11, Bostering of findamental rights and freedoms. (2, Foreign policy. 3. National development 4, Empowerment and employment creation, IS, Food security 16. Culture, 17. Gender balanes 8. Bair regional representation (9. Children. 20. Youths. 21. Elderly persons. 22. Persons with disabilities. 23, Veieran of the Liberation Strugele 24, Work and labour relations, 25. Protection of the family 26. Marriage, 27. Edueation, 28. Shelter, 29, Health services. 30. Social welfare 31, Legal aid 32, Sporting and recreational facilities2013 Coxstriatos of Zisanwe Anusmaeest (No 20) Nout Section B M. a5. 6. 31, % %. 40 al 2. BB cr 4s, 46 a0 #9. 62. Preservation of traditional knowledge. Domestication of intemational instruments. CHAPTER 3 Cores mbabwean citizens! Citizenship by birth, Citizenship by descent Citizenship by registration. Revocation of citizenship. Retention of citizenship despite marriage or dissolution of masriage. Citizenship and Immigration Board. Powers of Parliament in regard (0 citizenship. Continuation and restoration of previous citizenship. CHAPTER 4 Dretaraioy or Riss PART | AnpuicaTion ayn INTERPRETATION oF Cursenei Duty to respect fundamental human rights and freedoms. Application of Chapter 4 Interpretation of Chapter 4. Chapter 4 does not preclude existence of other rights PART? Bos esta Hisiay Riss ast Farben Right to lite Right to personal liberty. Rights of arrested and de Right to human dignity Right to personal security. Freedom (rom torture or eruel, inhuman or degrading treatment or punishment. Freedom from slavery or servitude Freedom from lorced or compulsory labour. Equality and non-diserimination 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, Labour rights Freedom of movement and residence. Political rights Right to aciminisirative justice Right o a fair hearing Rights of accused persons. 1d persons.Not Cossrirnent ot Zisanine AMENDMENT (No 20) 201s Section 71. Propeny rights. 72. Rights to agricultural land. 73, Environmental rights. 74. Freedom from abil 75. Right education. 76. Right to health care. 77. Right to food and water 78. Marriage righis. y evietion, PARTS ELanoxatioy of Crew Rictits 79. Application of Part 3 80. Rights of women. 81, Rights of children. 82, Rights of the elderly, 83, Righis of persons with disabilities. 184, Righis of veterans of the liberation strugele. PARTS ExrogeeMesT oF Busp aaestaL Hts RIGHTS AND BREEDOMS, 85. Enforcement of famdamental human rights and freedoms. PARTS Lisirsrios oF FespaMestaL, HUMAN RIGHTS AND BRrEDONS 86. Limitation of rights and freedoms. 87. Limitations during public emergency. CHAPTER 5 Tar Exscetwve PART 1 Exrcorive AcTHoRmTY 88. Executive authority PART? “Tuo Persipest ap View-Presiwents 89, The President 90. Duties of President 91. Qualifications for election as President and Vice-President 92. Election of President and Vice-Presidents. 93, Challenge to presidential election, 94, Assumption of office by President and Vice-President, 95, term of office of President and Viee-Presidents 96, Resignation of President or Vice-President. 97, Removal of President or Vice-President from office 98. Presidential immunity. 99. Functions of Viee-Presidentsssi tios oF Zopanwr Assesmansst (No 20) Section 100, Acting President OL, Succession in event of death, resignation or incapacity of President oF Vice~ President 102, Remuneration of President and Vice-Presidents, 103. President and Vice-Presidents and former office-holders not to hold other office ‘or employment PART3 Muvistes, Dercry Mexistris xp Caninet 104. Appointinent of Ministers and Depety Minister. 108. Cabinet. 106, Conduet of Viee-Presidents. Ministers and Deputy Ministers 107. Accountability af Vice-Presidents. Ministers and Deputy Mit 108, Tenure of office of Ministers and Deputy Ministers 109. Vote of no confidence in Government PART4 Executive FUNcHoss 110, Executive functions of President and Cabinet HL, War and peace. 112. Power of merey 113, States of public emer PARTS Artonsty-Grsreat 14, Auomey-General 1S, Removal from office of Auome! CHAPTER 6 ‘Tas Lraist sens PART L Lrais.arive Arion Lis. 117, Nature and extent of legislative authority PART? Pastner L18, Parliament 119, Role of Partiannent PARTS Tur Sexo 120. 121 Composition of Sena Qualifications and disqualific President of Senate. for election No.lNo. Coste tion oe Zinmanaer Axsspasr (No. 20) 2013 Section 123. 124. 125. 126. 127. 128. 129. 130. BL 132. 133. 134. 135. 136. 137. 138. 139. 140, tat, 142 143. a4. as, 146. 147. 138. 149. 150. Ist, Deputy President of Senate PART4 ‘Tir Namiossn. Assent ‘Composition of National Assembly Qualifications and disqualifications For election to National sembly. Speaker of National Assembly Deputy Speaker of National Assembly PARTS TRSURE OF MEMBERS OF Pane ssMtent Oath of Member of Partiament “Tenure of seat of Memiber of Parliament PART6 Lec. stv AND Orure Powens Powers and functions of Senate and National Assembly. Acts of Parliament and procedure for their ensetment ‘Commencement of Acts of Parliament. Enrolment of Aets of Parliament. Subsidiary legislation. PART? PRoceDt RF 1 PARLIAMENT Head of Parliament Persons presiding in Purl Quocum in Parliament Voting and right of audience in Parliament. Standing Onder auidresses and messages to Parliament. Public access 10 and involvement in Parliament Validity of proceedings in Parliament met PARTS Dues, DasoLe ion and SITTINGS OF PARLIAMENT Duration and dissolution of Parliament General election resulting from dissotution of Parliament First siting of Pactiament following general election, Sittings and revess periods, LLapsiny of Bills. motions. petitions and other business on dissolution of Parliament. PARTS Grxekal, Mates RPLATING to Paki IAMENT Privileges and immunities of Parliament Right to petition Parliament Venue of Parliament. ‘Commitice on Standing Rules and Orders. 62013 Cossrrering or Zannaniee AnENDMEST (NO 201 No.1 Section 152. Parliamentary Lega! Committee. 153. Remuneration of President of Senate. Speaker and Members of Patl 154, Clerk of Parliament and other staf CHAPTER 7 Eureioxs, PART | Eiectonat Systess AND PROCESSES 55. Principles of electoral system. 156, Conduct of elections and referendums, 157, Electoral Law PART2 “Thane oF BtzeTions 158, Timing of elections 159, Pilling of electoral vacancies. PART Drrnwrratios oF ELECTORAL BOUNDARIES 160, Number of constituencies and warts, 161. Delimitation of electoral boundaries. CHAPTER 8 ‘Tur Jepictany ano tHe Covers PART 1 ‘Tur Cover Systrst 162. Judicial authority. 163. The judiciary Tod. Indepenclence of judiciary. 16S. Principles guiding judiciary. 166, Constitutional Coun. 167. Jurisdiction of Constit 168, Supreme Court 169, Jurisdiction of Supreme Coun. 170, High Court 171, Jurisdietion of High Coun: 172. Labour Court 173. Administeative Cours, 174, Other courts and tribunals. 175. Powers of courts in constitutional matters 176, Inherent powers of Constitutional Cour. Supreme Court and High Coort jonal Coun.Not Cosserretion oF Znmamnee Auespaeest (No. 20) 2013 PART2 Apvosstaest an Testun oF Mears oF SUpICiARy Section 71. V8. 179. 80. Isl. 182, 183. 84. 188. 186, 187, Iss. 189, 190. 19 192. 193 194. 19s. 196, 197, 198, 199. 200, 201 202. 203. 204, 205, ations of judges of Constitutional Court, ations of judges of Supreme Court cations of judges of High Court, Labour Court and Administrative Court, Appointment of judges. Acting judicial appointments. Appointment of magistrates and other members of judiciary. Judicial officers not to be appointed to more than one court Judicial appointments to reflect so Oath of office Tenure of office of judges. Removal of judges from office Conditions of service and tenure of members of judiciary, PART3 Ivpictar Stavier Covaatssto Exiablishment and composition of Judicial Service Commission. Functions of Judivial Service Commission Foimess and transparency of proceedings of Iudiciat Service Commission. PARTS Greve Law to be administered Criminal jurisdiction of courts, CHAPTER 9 Prisciurs oF enue ApsusistR anion ANb Leapeesia Basie values andl principles governing public administration, Siate-controlled commercial entities. Responsibilities of public officers and principles of leadership. Terms of office of heads of government-controlled entities, Legislation to enforwe Chapter 9. CHAPTER 10 Civn. Sexvicr Civil Service. Conduct of members of Civil Service, Minister responsible for Civil Service. Establishment and composition of Civil Service Commission. Functions of Civil Service Commission. Ambassadors and other principal representatives of Zimbabwe. Permanent Secretaries2013 Congr ices o€ Zasannwe Ansranset (No_20) CHAPTER 11 Seeuarry Sewvices PART | Gxt, Prousions Section 206. 207 208 209, 210. 2 212, 23, 214, 215, 216, 207. 218, 219, 20. 224 224. 226, 27 229, 230, 21 National seeurity. Security services. Concluet of members of security services. National Security Counc Independent complaints mechanism, PART2 Derrsce Forcrs Defence Forces, Funetion of Defence Forces, Deploymem of Defence Forces. Political accountability for deployment of Defence Forces. Minister respousible for Defence Fores Command of Defence Kowves Establishment and composition of Defence Forces Service Commission. Functions of Defence Forces Service Commission, PARTS Pouce Stave Police Service and its functions. Minister responsible for Potice Service Jeneral of Police, lishment and composition of Police Ser Functions of Police Service Commission, ice Commission PaRT 4 Interven Semviens Establishment of intelligence services. Minister responsible for national inclligenee service. Command or control of national intelli PARTS Paisoss ax Conkrctiosat SeRvicr Privons and Correctional Service and its functions. Minister responsible for Prisons and Correctional Service, ‘Conimissioner-General of Prisons and Correctional Service. Establishment and composition of Prisons and Correctional Serviee Commission. Functions of Prisons and Coreetional Service Commission,No.l (Consren-nios oF Zama Aamexbant (Ne 20) 2013 CHAPTER 12 Isprrexnest Cosssions Stprognise DrMacRacy PART! Grvera Section 232, Independent Commissions, 233, Objectives of independent Commissions. 234, Staff of independent Commissions. 235, Independence of Commissions. Members of indepencient Commissions to he non-political Appointment and removal from office of members of independent Commissions. PART? “Zevnanwe EusctoRat, Comnssion 238, Establishment and composition of Zimbabwe Electoral Commission. Funetions of Zimbabwe Electoral Commission. 240. Disquslifications for appointment to Zimbabwe Electoral Commission, 241. Zimbabwe Electoral Commission to report on elections and referendums PART3 Zoupasee owas Rictits Comssion 242. Establishment and composition of Zimbabwe Human Rights Commission, 243. Funetions of Zimbabwe Human Rights Commission, 244. Reports to and by Zimbabwe Human Rights Commission PARTS Zowuanwee Gexoer Comnussion 245, Establishment and composition of Zimbabwe Gender Commission. 246, Punetions of Zimbabwe Gender Conimission, 247. Repons by Zimbabwe Gender Commission. PARTS “Zowwanwe Mepis Consssion 248. Establishment and composition of Zimbabwe Media Commission. 249, Punetions of Zimbabwe Media Commission, 250, Reports of Zimbabwe Media Commission PART Nationa Prac xp Rrconcttistion Cownassios 251. Establishment and composition of National Peace and Reconciliation Commission. 252. Functions of National Peace and Reconciliation Commission. 253, Reporis of National Peace and Recorciliation Commission, wo2013 Coast ties oF Zaanaaive Avtexoarst (No 20) No. CHAPTER 13 Isstrrtwss To Comat Comrvrrion Axo Cais PART | ‘Zowmanwe ANTI-CoRRUPTion Conssion Section 254. Establishment and composition of Zimbabwe Anti-Corruption Commission. 255. Functions of Zimbabwe Anti-Corruption Commission. 256. Application of certain provisions of Chapter |2 to Zimbabwe Anti-Coruption Commission. 257. Reports by Zimbabwe Anti-Coruption Commission, PART? Nacios, PROsECUTING AUTHORITY 258, Establishment and fonctions of National Prosecuting Authority. 259, Prosecutor Cencral and other offices. 260, Independence of Prosecutor-General 261. Conduct of officers of National Proseeuting Authority 262, Prosecutor-General to report annually to Parliament 263. Other powers of prosecution. CHAPTER 14 Provisetst ssp Locat. Gover rst ible. PART | Drrianasany 264, Devolution of govemmental powers and responsibil 265. General principles of provincial and locall government. 266, Conduct of employees of provincial and local governments, PART2 ProviNcts AND PROVINCIAL aX METROPOLITAN CouNcu 267. Provinces and districts of Zimbabwe. 268. Provincial councils 269. Metropolitan councils 270, Functions of provincial and metopolitan councils 271, Commiviees of provineial councils. 272. Chairpersons of provincial councils 273, General provisions relating 10 provincial and metropolita PART3 Loca Govrasstest 274. Urban local authorities 275. Local authorities for rural areas. 276, Functions of local authorities. 277, Elections to local authorities. 278. Tenure of seats of members of local authorities. 279, Procedure of local authorities.Now Cossreitios oF Zanmuanie Asentsaisr (No 20) 2013, CHAPTER 15 ‘Trapitional. Leapens Section 280, 281 282, 283, 284 285, 286, 287 288, 289, 290. 291 22 23, 204 298. 296, 297. 28 299, 301 302, 303 304, 308. 307. ‘Traditional leadership, Principles to be observed by traditional leaders. Functions of traditional leaders. Appointment and removal of traditional leaders. Remuneration and benefits of traditional leaders. ‘National Couneil and provincial assemblies of Chiefs. Functions of National Council and provincial assemblies of Chie. Integrity and Eshies Commitee. CHAPTER 16 AciicurTuRaL Lax Interpretation ef Chapter 16. Principles guiding policy on agricultural land. Continuation of rights of State in agricultural land, Continuation of rights of occupiers of agricultural land, Secutity of tenure for occupiers of agricultural Lan. Alienation of agricultural land by State. Alienation of agricultural land by owners or occupiers. ‘Compensation for aequisition of previously-acquired agricultural land Establishment and composition of Zimbabwe Land Commision Functions of Zimbabwe Land Commission. CHAPTER 17 Hixaser PART 1 Fixanctat, MaxaGrMest Principles of public financial management Parliamentary oversight of Staie revenues and expenditure Limits of State borrowings. public debt and State guarantees, Allocation of revenues between provincial an local tiers of government. PART2 Coxsouiparen REVENUE Fusp ‘Consolidated Revenue Fund. Withdrawals from Consolidated Revenue Fund. Changes upon Consolidated Revenve Fund. PARTS Av THonISATION oF EXTENDETYRF FROM Coxsot ATED RFVENUT BUND Appropriations from Consolidated Revenue Fund. Authorisation of expenditure in advance of sppropriation Unauthorised expenditure2013 Coxsnirimio of Zipanwe Asus (No 20) PARTS SSarci*seisci oF Pritic Fens AND PROPERTY Section 308, Duties of custodian of public funds and propery. PARTS Avpror-Grrnal 309, Auditor-Genera and his or her fnetions. 310. Appointment of Auditor-General SIL. Independence of Auditor-General 312, Remuneration of Auditor-General 313, Removal of Auditor-General Irom office 314. Staff of Auditor-General PART 6 Green 315, Procurement and other governmental contracts 316, Management of statutory bodies. 317, Reserve Bank of Zimbabwe. CHAPTER 18 Gere. AND SUPPLEMENTARY PROUISIONS. PART 1 Greve al. Provisions a8 To Commissions 318, Application of Par | 319. Commissions tobe bodies corporate 320. Membership of Commissions and conditions of service of members 321. Functions and procedure of Commissions. Funding of Commissions. 323, Commissions to report annually to Parliament PART2 Grvrest 324. Diligent performance of constitutional obligations. 325, Funding of constitutional bodies and other instivutions 326. Customary international lav 327. International conventions. treaties and agreements 328. Amendment of Constitution. 329, Commencement of Constitution ansitional provisions and sa PARTS IntegrReration 330, Application of Part 3 331. General principles of interpretation of the Constitution, 332, Defin 333, References to Chapters. sections, ete 334. Words in singular to include plural, and view versa. IB Now!Cossritotton oF Zineanwe AMENEMEST (NO. 20) 2013 Section 336. 336. 337, 338. 339. 340, BL 342, 33, 344, aS, Tables and headings. References to time. References to holders of office References io Parliament Advice and consultation ‘Appoinuments. Resignations. Exercise of functions, ete ‘When person not regarded as holding public office. Quorum and effect of vacancies in constitutional bodies. Inconsistencies between different texts of Constitution, FIRST SCHEDULE: National Flag, National Anthem, National Coat of Ams ‘and Publie Seal SECOND SCHEDULE: Li THIRD SCHEDULE: Oaths and Affirm FOURTH SCHEDULE: Quali FIFTH SCHEDULE: Procedure as to Bills and Other Matters in Parliament SIXTH SCHEDULE: Commencement of this Constitution, Transitional Provisions. and Savings. tions on Rights During Public Emergencies. ions For Voters2013 Cossitteti6n of Zuma Axesontest (No 20) PREAMBLE, We the people of Zimbabwe. United in our diversity by our common desire for freedom justice andl equality land our heroic resistance to colonialism, racism and all forms of domination and “oppression, Ecalting and extolling the brave men and women who sacrificed thir lives during the Chimurenga | Unukela and national fberation struggles, Honouring our forebears and compatrions who tiled for the progress of our ‘country, Recognising the need to entrench democracy, govd. transparent and accountable governance and the rule of fae Reajirming our commitment 10 upholding and defending fimdamental iuaman rights and freedoms, Acknowledging the richness of our natural resources Celebrating the vibrancy of eur traditions and cultures Determined wo overcome all challenges and obstactes that impede our progress Cherishing freedom. equality, peace, justice tolerance, prosperity and patrievisin in search of new frontiers under a common destiny, Acknowledging she supremacy of Almighty God, in whose hands our funure les, Resolve by the tenets of his Constitution to commis ourselves to build @ united, just and prosperous mation, founded on values of transparency. equality, freedom. Jairness, ones and the dignity of hard work And, inpploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our betovee land. Is No.lNot Cosson ot Zimapwe AnENEMEST (Ne 20) 2013 CHAPTER 1 Fownorsa Provisions, 1. The Republic Zimbabwe is unitary, democratic and sovereign republic. 2. Supremacy of Constitution (2) This Constitution is the supreme law of Zimbabwe and any law. practice, ccastom or conduct inconsistent with itis invalid f0 the extent of the inconsistency (2) The obligations imposed by this Constitution are binding on every person, natural or juristic. including the State and all executive, legislative and judicial institutions and agencies of government at every level, and smust be fulfilled by them 3 Founding values and principles (zi (2) supremacy of the Cons (h) the rule of aw: (©) fundamental human rights and freedoms; (d) the nation’s diverse cultural, religious and traditional values; (e) recognition of the inherent dignity and worth of each human being: (recognition of the equality of all human beings: (e) gender equality: (h) good governance: and () recognition of and respect for the liberation struggle uubwe is founded on respect forthe following valves and prineiples— tion! (2) The principles of goo! governance. which bind the State and all institutions and agencies of government at every level. include (a) amult-pany democratie political system: {b) am electoral system based on — G)_amiversal adult suffrage and equality of vores Gi) ee. fair and regular elections; and ii) adequate representation of the electorate: (©) the orderly transfer of power following elections: (d) _respeet for the rights of al political parties: (©) observance of the principle of separation of powers: (1) respeet for the people of Zimbabwe. from whom the authority to govem is derived: (g) transparency. justice, accountability and responsiveness: (h) the fostering of national unity. peace and stability. with due regard to diversity of languages, customary practices and craditions; i) recognition of the rights of (i) ethnic, racial, cultural, linguistic and religious groups: Gi persons with disabi i) women. the elderly. youths and children: iv) _veterins of the liberation struggle: G) the equitable sharing of national resources, including land: 162013 Cexsritios oF Zismanwe Awesontint (No 20) Not (k) due respect for vested rights: (1) the devolution and decentralisation of governmental power and functions. 4 National Flag, National Anthem, Public Seal and Coat of Arms “Zimmbabyve hos a National Flag, National An Seal, which are set out in the First Schedule. em, a Coal of Arms and a Public 5. Tiers of government ‘The tiers of government in Zimbabwe are— (a) the national Government; o ra) ‘and metropolitan councils; and ss that fs 10 say — -ver naine ealled to represent and manage the affairs of people in urban areas; and Gi) rural councils. by whatever nome called, to represent and manage the affairs of people in rural areas within the districts into which the provinces ure divided 6 Languages (1) The following languayes, namely Chewa, Chibarwe, English, Kalanga Koisan, Nambya, Ndau, Ndebele, Shaueani, Shona, sign language, Sotho, Ton ind Nhosa.are the officially recognised lan 2) An Act of Pastiament may preserite other Lar languages and may prescribe languages of record ges as officially recognised (3) The State and all institutions and agencies of goverment at every level must (a) ensure that all offically recognised languages are treated equitably and (b) take imo account the language preferences of people affected by governmental measures or communications (4) The State must promote and advance the use of all languages used in ‘Zimbabwe, including sign language, and must create conditions for the development of those languages. 7 Promotion of public awareness of Constitution ‘The State must promote public awareness ofthis Constitution, in particular by — (a) translating it into all officially revognised k it as widely as possible: (b) requiring this Constitution to be taught in schools and ay part of the curricula forthe training of members of the security services. the Civil Service and members and employees of publie institutions: and fe) encouraging all persons und organisations. including civic organisations, lo disseminate awareness and knowledge ofthis Constitution throughout soviety. tages and disseminating2013 (CHAPTER 2 Nariona. Onrerives 8 Objectives to guide State and all institutions and agencies of government (1) The objectives set our in this Chapter 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 sustainable, just ree and democratic society in which people enjoy prosperous. happy and fulfiling lives, (2) Regard must be had 0 the objectives set out in this Chapeer when intempreting the State’s obligations under this Constitution and any other law. 9 Good governance (1) The State must adopt and implement policies and legislation to develop efficiency, competence, accountability, transparency, personal integrity and financial probity in all institutions and agencies of government at every level and in every publi institution. and in panieular— (a) appointments to public offices must be made primarily on the basis of meri (fb) measures must be taken to expose. combat and eradicate all forms of corruption and abuse of power by those holding political and pubic offices (2) The State must ensure that all institutions and agencies of governnient at every level, in particular Commissions and ather bodies established by or under this Constitution, ate provided with adequate resources and facilities to enable them to cary out their funetions conscientiously, fairly, honestly and efficiently 10. National unity, peace and stability The State and every person, including jurisie persons, and every institution and agency of governmental every level, must promote national unity, peace and stability 11 Fostering of fundamental rights and freedoms The State must take all practical measures to proteet the fundamental rights and freedoms enshrined in Chapter 4 and fo promote their full realisation and fulfilment 12. Foreign policy (1) The foreign policy of Zimbabwe must be baved on the Following princi (9) the promoxion and protection of the national interests of Zimbabwe (b) respect for intemational law: (©) peaceful co-eristenee with other nations: and 44) the settlement of international disputes by peaceful means (2) The State must promote regional and pan-A rican cultural, economic and political cooperation and integration and must participate in intemationat and regional Organisations that stand for peace and the well-being and progress of the region. the continent and humanity.2013 Cessert-TIox oF Zasnawwe Amexpenset (No 20) No. 13. National development (2) The State and all institutions and agencies of goverment at every level rust endeavour to facilitate rapid and equitable development. and in particular must take measures to— (a) promote private initiative and self-reliance: (by Foster agricultural, commercial, industrial, echnological and seientific development: (©) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens: and (4) bring about balanced development ofthe different areas of Zimbabsve.in particular a proper balance in the development of rural and urban areas. (2) Measures referred to in this section must 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. panicularly women, 1o equal opportunities in development (The State must efit from the resourves in their areas. hat local comumunities ber 14 Empowerment and employment creation (The State ies of government at every level must endeavour fo facilitate and take measures to empower, trough sppropriae.iransparent, fair and just affirmative action, all marginalised persons, groups and communities Zimbabwe. (2) AL all times the State and all institutions and agencies of govemmment a every Level must ensure tat appropriate and adequate measures are undertaken tocreale employment for all Zimbabweans, espe 15 Food security ‘The State must— (a) encourage people to grow and store adequate foods (b) secute the establishment of adequate food reserves; and (©) encourage and promote adequate and proper nutrition through mass education and other appropriate means 16 Culture (1) The State and all institutions and agencies of govemment at every level ‘must promote and preserve cultural values and practices which enhance the dignity well-being and equality of Zimbabweans, (2) The State and al institutions and agencies of government at every level all Zimbabwean citizens, must endeavour (0 preserve and protect Zimbabwe's heritage. (3) The State and all institutions and agencies of govemment at every level ‘mus take measures to ensure due respect forthe dignity of traditional institutions 17 Gender balance (1) The State must promote full gender balance in Zi particuta tbabwean society. and inCossrerenton oF Zisreanner Avtexpueyt (No 20) 2013 (a) the State must promote the full participation of women in all spheres of ‘Zimbabwean society on the basis of equality with men; (b) the State must take all measures, including legislative measures, needed 10 ensure that ~ 4)_-hoth genders are equally represented in all institutions and agencies of government at every level; and Gi) women constitute atleast half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament; and (©) the State ancl all institutions and agencies of government at every level rust take practical measures to ensure that women have access to resources, including land, on the basis of equality with men. (2) The State must take positive measures to rectify gender diserimination and imbalances resulting from past practices and policies. 18 Fair regional representation (1) The State must promote the fair representation of all Zimbabwe's regions in all institutions and agencies of government at every level (2) The State and all institutions and agencies of the State and government at every level must take practical measures to ensure that sll local communities have equitable access to resources to promoie their development 19. Children (1) The State must adopt policies and measures to ensure that in matters relating to children, the best interests ofthe children concemed are paramount (2) The State must adopt reasonable policies and meastres, within the Linvits ofthe resources availabe to it to ensure that el (a) enjoy family or parental care, or appropriate care when removed from the family environment: (h) have shelter and basie nutrition, health care and social services (c) are protected from maltreatment, neglect or any form of abuse: and (6) have access 10 appropriate education and training (3) The State must take appropriate legislative and other measures— (a) to protect children from exploitative labour pr (b) tw ensure that children are not required or permitted to perform work or provide services that ~ ) are inappropriate for the children’s age; or Gi) place at risk the children’s well-being, education. phy health or spiritual. moral or social development. etives; and 20. Youths (1) The State and all institutions and agencies of government at every level ‘must take reasonable measures, including affirmative action progral ‘youths, that is to say people between the ages of fiteen and thirty-five years — (a) have access to appropriate education and tra (by_have opportunities vo associate and 10 be represented and participate in ical, social, econontie and other spheres of life: 202013 Cossrettios oF Zinbanwe AneNoMENE (NO 201 (©) are afforded opportunities for employment and other avenues © economic ‘empowerment (a) have opportunities for recreational a facilities: and ivities and access to recreational (©) are protected from harmful cultural practices, exploitation and all forms of abuse. (2) An Act of Parliament may provide for one or more national youth progranymes (3) Measures and programmes referted to in subsections (1) and (2) must be nclusive. nonpartisan and national in chaeacter. 21 Elderly persons (2) The State and all institutions and agencies of goverument at every level must take reasonable measures, including legislative measures, to secure respect. Support ‘and protection for elderly persons and to enalsle them to participate in the life of their commanities. (2) The State and all institutions and agencies of govemment at every level ‘must endeavour. within the limits of the resources available 10 then — (a) tw encourage elderly persons to participate fully in the affairs of society (b) to provive facilites, food and social care forelderly persons who are in need: (©) todevelop programmes o give elderly persons the opportunity to engave in productive activity suited to their abilities and consistent with their vocations and desires; and (a) 1© foster social organisations aimed at improving the quality of lie of elderly persons. 22 Persons with disabilities (1) The State and all institutions and agencies of govemment at every level must recognise the rights of persous with physical or mental disabilities, in particular their right 1o be treated with respect and dignity (2) The Stote and all institutions and agencies of govemment at every level "must, within the limits of the resources available to them. assist persons with physical ‘or mental disabilities co ackieve their full potential and to minimise the disadvantages suffered by them, (3) In particular, the State and all institutions and agencies of government at (a) develop programmes for the welfare of persons with physical or mental ies.especially Work programmes consistent with theircapabiliies 1nd acceptable to them or their legal representatives: consider the specific requirements of persons with all forins of disability as one of the priorities in development plans; (©) encourage the use and development of forms of communication suitable for persons with physical or mental disabilities: and (G) _foser social organisations simed at improving the quality of life of persons ‘with all Forms of disability. (4) The State must take appropriate measures to ensue that buildings and amenities to which the public has access are accessible to persons with disabilities, No.lNot ‘CossrereTion oF Zinmanner AseSDMENT No 20) 2013 23. Veterans of the liberation struggle (2) The State and all institutions and agencies of govemment at every level rust agcord due respect, honour and recognition to veterans of the liberation strugele. that isto say — (2) those who fought in the War of Liberation; () those who assisted the fighters in the War of Liberation; and (©) those who were imprisoned, detained or restricted for political reasons luring the iberation strug. (2) The State must ake reasonable measures, including legislative measures, For the welfare and economic empowerment of veterans of the liberation struggle. 24 Work and labour relations (1) The State and all institutions and agencies of goverment at every level must adopt reasonable policies znd measures, within the limits ofthe resources available 10 them, 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) The State and all institutions and agencies of government at every level ‘must endeavour to secure— (a) full employment (b) the removal of restrictions that unnecessarily inhibit or prevent people from Working and otherwise engaging in gainful economic activities; (©) vocational guidance and the development of vocational and training Programmes, including those for persons with disabilities: and (4) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. 25 Protection of the family ‘The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour. within the limits ofthe resources available to them, to adopt measures for — (a) the provision of eare and assistance to mothers, fathers and other family ‘members who have charge of children; and (b) the prevention of domestic violence. 26 Marriage ‘The State mast take appropriate measures to ensure that ~ (a) no marriage is entered into without the free and full consent of the intending spouses: (b)_ children are not pledged in marriage: (©) there isequalty of rights and obligations of spouses during marrias a its dissolution; and (€)_ inthe event of dissolution of a marriage, whether through death or divorce, provision is made forthe necessary protection of any children and spouses. ani 27 Education (2) The State must take all practical measures 10 promote (a) free and compulsory basie education for children; andCoser on c€ Zamoanwe Aausputt (No 20) No.t her and tertiary education. (2) The State mast t ‘opportunities as boys t0 obia ce measures (0 ensure thal girls are afforded the same education at all levels, 28 Shelter ‘The State and all institutions and agencies of government at every Level must ake reasonable legislative and ocher measures, within the limits ofthe resources available {0 them», fo enable every person to have access to adequate shelter. 29. Health services (1) The State must take all practical measures to ensure the provision of basic. accessible and adequate health services throughout Zimbabwe. (2) The State must take appropriate, fair and reasonable measures to ensure that no person is refused emergency medival treatment at any health institution, (3) The State must take all preventive measures within the limits ofthe resources, available (o it, including education and public awareness programmes, against the spread of disease, 30. Social welfare The Stale must take all practical measures. within the limits of the resources available to it, to provide social security and social eare o those who are in need. 31 Legal aid ‘The State must take all practical measures, within the limits of the resources avilable (0 i. to provide legal representation in civil and criminal cases for people ‘who need it and are unable to afford legal practitioners oftheir choice 32. Sporting and recreational tacilities “The State must take all practical measures to encourage sporting and reereational activites, including the provision of sporting snd recreational facilities for all people. 33. Preservation of traditional knowledge ‘The State must take measures to preserve, protect and promote indigenous knowl- edge systems. including knowledge of the medicinal and other properties of zninsl nd plant life possessed by local eonsmunities and peaple 34 Domestication of international instruments ‘The State must ensure that all international conventions treaties ind agreements to which Zimbabsse isa party are incorporated into domestic law CHAPTER 3 Cavessir 35 Zimbabwean citizenship (1) Persons are Zimbabwean citizens by bit, descent or registration (2) All Zimbabwean ci benefits of citizenship anda izens are equally entiviet to the rights. privileges and © equally subject to the duties and oblig 3Coser iow oF Zinmanie Avexonese (No 20) 2013 (3) All Zimbabwean citizens are entitled to the following rights and benefits, in addition to any others granted to them by Law — (a) to the protection of the State wherever they may be: (b) to passports and other travel documents: and () to birth certificates and other identity documents issued by the State (4) Zimbabwean citizens have the following duties, in addition to any ethers imposed upon them by law— (2) 10 be loyal 1o Zimbabwe: (b)__to observe this Constitution and to respect its ideals snd institutions: (©) to respect te national flag and the national anthem; and (@) to the best of their ability, to defend Zimbabwe and its sovereignty 36 Citizenship by birth (1) Persons are Zimbabwean citizens by bir ifthey were born in Zimbabwe and, when they were bom— (2) either their mother or their father was a Zimbabwean citizen; or ¢b) any oftheir grandparents was a Zimbabwean citizen by birth or descent (2) Persons bom outside Zimbabwe are Zimbabwean citizens by birth if, when they were bor. ether of their parents was & Zimbabwean citizen ancl — (a) ondinarly resident in Zimbabwe; o (b) working outside Zimbabwe forthe State or an international organisation. (3) .\ child found in Zimbabwe who is, oF appears to be, less than fifteen years of age. and Whose nationality and parents are nol known. is presumed (0 be a Zimbabwean citizen by birth. 37 Citizenship by descent Subjeci to section 36(2), persons bom outside Zimbabwe are Zimbabwean citizens. bby descent if. when they were born — (2) either of their parents or any of their grandparents was a Zimbabwean itizen by birth or descent; oF (b) either of their parents was a Zimbabwean citizen by registration: and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births 38 Citizenship by registration (1) Any person who has been martiad to a Zimbabwean citizen for at least five years, whether before or alter the effective date, and who satisfies the conditions prescribed by an Act of Parliament, is entitled on application. to be registered as a Zimbabwean citizen. (2) Any person who has been continuously ancl lawfully resident in Zimbabwe for at least ten years, whether before or after the effective date, and who satisfies the conditions prescribed by an Act of Parliament. is emitted on application, tobe registered asa Zimbabwean citizen, (3) Achild who is not a Zimbabwean citiven, but is adopted by «Zimbabwean citizen, whether before or afler the effective date. is entitled, on application, to be registered as a Zimbabwean citizen2013 Consriri ion of Zisanwe Astasinstsr (Nor 209 39 Revocation of citizenship (1) Zimbabwean citizenship by registration may be revoked if— (a) theperson concerned aeyited the citizenship by fraud, false representation of concealiment of a material fact; oF (b) during a war in which Zimbabwe was engaged, the person concerned unlawfully traded or communicated with an enemy or was engaged in fr associated with any business that was knowingly eatried on so a8 (0 assist an enemy in that wat. (2) Zimbabyvean citizenship by birth may be revoked if — (a) the citizenship was acquired by fraud, fase representa of a material fact by any person; or (b) inthe ease ofa person referred to in section 36(3).the person's nationalit Or parentage becomes known, snd reveals thal the person was a citizen of another country. (3) Zimbabwean citizenship must not be revoked under this section if the person would be rendered stateless. Jorconcealment 40. Retention of citizenship despite marriage or dissolution of marriage Zimibabwvean citizenship isnot lost through marriage or the dissolution of marriage. 41. Citizenship and Immigration Board An Act of Parliament must provide for the establishment of a Citizenship and Inmigeation Board consisting of a chairperson and al least (Wo other members. ‘appointed by the President, oe responsible for— (a) granting and revoking citizenship by registration: (b) permitting persons.other than citizens. to reside and work in Zimbabwe, and fixing the terms and conditions under which they may so reside and (©) exervising any other functions that may be conferred or imposed on the Board by or under an Act of Parliament 42 Powers of Parliament in regard to citizenship An Act of Parliament may snake provision. consistent with this Chapter. for — (a) procedures by which Zimbabwean citizenship by registration may be acquired: (b)- the voluntary renunciation oF Zimbabwean (©) procedures for the revocation of Zimbabwean (@) the restoration of Zimbabwean citizenship: fe) the prohibition of dual citizenship in respect of citizens by descent oF registration; and (0) generally giving effect to this Chapter. nship: tizenship by registration: 43. Continuation and restoration of previous citizenship (1) Every person who. immediately before the publication day, was a Zim bbwean citizen continues to be a Zimbabwean citizen alter that date. (2) Every person who was bom in Zimbabwe before the publ Zimbabwean citizen by birth it — jon day is aNot Constr ios oF Ziveanie Antennas (No 20) 2013 (a) one or both of his or her parents was acitizen of a country which became member of the Souther A rican Development Community established by the treaty signed at Windhoek in the Republic of Namibia on the [7th August, 1992; and (b) he or she was ordinarily resident in Zimbabwe on the publi CHAPTER 4 Dect aration oF Rigits PART APPLICATION AND INTERPRETATION oF ChtarrER 4 44 Duty to respect fundamental human rights and freedoms ‘The State and every person, including juristic persons, and every institution ancl agency of the government at every level must respect, protect, promote andl fulfil the rights and freedoms set out in this Chapter. 45. Application of Chapter 4 (1) This Chapter binds the State and all executive. legislative and judicial institutions and agencies of government at every level. (2) This Chapter binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature ofthe right or freedom concerned and any duty imposed hy it, (3) Juristic persons as welt as natural persons are entitled to the rights and freedoms set out in this Chapter to the extent that those rights and freedoms ean appropriately be extended to them, 46 Interpretation of Chapter 4 (1) When interpreting this Chapter. a court tribunal, foram or body (a) must give full effect to the rights an freedoms enshrined in this Chapter: (®) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, an Particular, the valves and principles set out in section 3; (©) must take into account international law and all treaties and conventions to which Zimbabwe isa party: (a) must pay due regard 1 all the provisions ofthis Constitution, in particular the principles and objectives set out in Chapter 2; and (e) may consider relevant foreign law; {ition to considering all ether relevant factors that are to be taken into accout interpretation of a Constitution. nthe (2) When interpreting an enactment, and when developing the common law nd customary law. every court tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter. 47 Chapter 4 does not preclude existence of other rights ‘This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, 10 the extent that they’ are Co Constitution2013 Const 108 or Zawpanie Awenpaatat (No 20) PART2 Foxp arnt Hostan RiciTs AND FREFDOMS 48 Rightto life (1) Every person has the right to life (2) A law may permit the death penalty to be imposed only on x person convicted of murder committed in aggrevating circumstances, and— (a) the aw must permit the cour a discretion whether or not toimpose the penalty; (bythe penalty may be carried o I judgment of a competent court (6) the penalty must not be imposed on « person i) who was less than twenty-one years old when the offence was ‘commited: or only in aceordance with a Gi) who is more than seventy years old: (@) the penalty must not he imposed or carried out on a wornan: and (@) the person sentenced must have a right to seek pardon oF commutation of the penalty from the President. (3) An Act of Parliament must protect the lives of unbom children, and that ‘Act must provide that pregnaney may be terminated only in accorlance with that law 49. Right to personal liberty (1) every person has the right to personal liberty. (2) not to be detained without trial; and (b) not to be deprived of their liberty arbitrarily or without just cause. includes the right — 2) No person may be imprisoned merely on th conttsewial obligation ound of inabitity to Fulfil a 50 Rights of arrested and detained persons (1) Any person who is arrested — (2) must be informed at the time of arrest ofthe reason for the arrest: (b) must be permitted, without delay — i) at the expense of the State, to contact their spouse or partner. or 8 relative of legal practitioner. or anyone else of their choive: andi i) at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice; ‘and must be informed of this right promptly (©) must be treated humanely and with respect for their inherent (a) must be released unconditionally oF on reasonable conditions, pending 1 charge or tial. unless there are compelling reasons justifying their continued detention: and (e) must be permitted to challenge the Tawfulness of the arrest in person before a court aud must be released promptly if the arrest is unlawful ity (2) Any person who is arrested or detained — (2) forthe purpose of bringing him or her before a court oF (b) for an alleged offence:No.t osrmec ia oF Zamnve AMENDMENT (NO. 20) 2013 and who is not released must be brought before a court as som as possible and in any event not later than forty-eight hours after the arrest took place or the detention began. asthe case may be, whether or not the period ends on a Saturday, Sunday or public holiday. (3) Any person who is not brought 10 court within the Forty-eight hour period referred to in subsection (2) must be relessed immediately unless their detention has carlier been extended by a competent court (4) Any person who is artested or detained foran alleged offence has the right — (2) to remain silent: (®) to be informed promptly — (oftheir right to remain sitent; and Gi) of the consequences of remaining silent and of not remaining sil (©) not to be compelled to make any confession or admission: and (d) atthe first court appearance after being arrested, to be charged or to be formed of the reason why their detention should continue, or tobe released (5) Any person who is detained, including a sentenced prisoner, bas the right — (a) 10 be informed prompily ofthe reason for their being detained: (b) at their own expense.co consult in private with a legal practitioner oftheir choice. and to be informed of this right promptly: (©) © communicate with, and be visited by ~ (2) a spouse or partner: i) a relative (iii) their chosen religious counsellor; Gv) their chosen legal pra (v) their chosen medi (vi) subjectto reasonable restrictions imposed forthe properadninistration of prisons or places of detention, anyone else oftheir choice: (4) toconditions of detention that are consistent with humman dignity. including the opportunity for physical exercise and the provisional Siate expense. of adequate aecommodation ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment; and (e) 10 challenge the lawfulness of their detention in person before a cour, and, ifthe detention is unlawful, to be released promptly joner; practitioner; and (6) Any person who is detained pending trial for an alleged offence and is not \vied within a reasonable time must be released from detention, either unconditionally ‘or on reasonable conditions to ensure that alter being released they — (2) attend trials (bh) do not interfere with the evidence to he given atthe trial; and (©) do not commit any other offence before the trial begins. (7) I there are reasonable grounds to believe that a person is being detained illegally or itis not possible 1o ascertain the whereabouts of a detained person, any person may approach the High Court for an onder — (2) of habeas corpus, that ist say an order requiring the detained person 10 be released, or tobe brought before the court forthe lawfulness of the detention to be justified. or requiring the whereabouts ofthe detained person tobe disclose, 282013 Const cio of Zions Anusneaent (No 20) (by dectaring the detention to be illegal and ordering the det ‘prompt release: nd the High Court may make whatever order is appropriate in the circumstances. person's (8) An arrest or detention which contravenes this section, oF in which the conditions set out in this section are not met. is illegal. (9) Any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or Getention, but ww may protect the following persons from liability under this section — (@) judicial officer acting in a judicial capacity reasonably and in good Faith: (b) any other public officer acting reasonably and in good faith and with culpable ignorance or negligence. 51 Right to human dignity Every person has inherent dignity in their private and public life, amd the right © have that dignity respected and protected. 52 Right to personal security Every person has the right to bodily and psychologi the right ~ (a) 10 freedom from all forms of violence from public or private sources; al integrity. which includes (b) subject t© any other provision of this Con: concerning teproduction; (©) noltobe subjected to medical or scientific experiments, or tothe extraction or use of their bodily tissue, without their informed consent on, 1o make decisions 53. Freedom from torture or cruel, inhuman or degrading treatment or punishment No person may be subjected to physi inhuman or degrading treatment or punishment ‘or psychological torture or to cruel, 54 Freedom from slavery or servitude [No person may be subjected to slavery or servitude. 55 Freedom from forced or compulsory labour No person may be made to perform forced or compulsory labour 56 Equality and non-discrimination (1) All persons are equal before the law and have the right to equal protection and benetit of the law (2) Women and men have the right 10 equal treatment, including the Fight to ‘equal opportunities in political. economic, cultural and social spheres. (3) Every person bas the Fight not to be treated in an unfairly discriminatory ‘manner on such grounds as their nationality. rice. colour. tribe. place of birth, ethnic ‘or social origin, language, class, religious belief, political affiliation, opinion, custom, culture. sex. gencler, matital satus. age, pregnancy. disability or economic oF social status, or whether they were born in oF aut of wedlock. (AYA person is treated ina discriminatory manner for che purpose of subsection (3) » Now!Not Coss tios oF Zaman Axrexnues (No 20) 2013 (a) they are subjected dimeeily or indirectly to a condition, restriction oF disability to which other people are not subjected; or (b) other people are accorded directly or indirectly a privilege or advantage which they are not aecorded (5) Discrimination on any ofthe grounds listed in subsection (3) is unfair unless itis established thatthe discrimination i Fair, reasonable and justifiable in ademocratic society based on openness, justice, human dignity. equality and freedom. (6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have heen disadvantaged by unfair discrimination and — (a) such measures must be taken 10 redress circumstances of genuine need: (b) no such measure is tobe regarded as unfair forthe purposes of subsection a. 57. Right to privacy Every person has the right to privacy. which includes the right not to have— (a) their home, premises or property entered without their permission: (5) their person, home. premises or property searched: (©) their possessions seized; (G) the privacy of their communications infringed; or (e) their health condition disclosed. 58 Freedom of assembly and association (1) Every person fas the right to freedom of assembly and association, and the right not to assemble or associate with others (2) No person may be compelled to belong to an association oF to attend a ‘meeting of gathering. 59. Freedom to demonstrate and petition Every person has the ight 1o demonstrate and to present petitions, but these rights, -uist be exercised peacefully 60 Freedom of conscience (1) Every person has the right 10 freedom of conscience, which i (a) freedom of thought, opinion, religion or belief: and (fo) freedom to practise and propagate and give expression to their thought. opinion, religion or belief, whether in public of in private and whether alone of together with others des — (2)No person may be compelled to take an oath that is contrary to their religion ean oath in a nxtnner that is contrary to their religion or belie. (3) Parents and guardians of minor children have the right to determine, in accordance with their beliefs. the moral and religious upbringing of their children, provided they do not prejudice the rights to which their children are entitled under this is 10 education. health, safety and wellare. (4) Any religious community may establish inst sion may be given, even if the inst assistance from the State tations where religious uhstdy oF other financial 02013 ‘Coser Zinaannee Aentst (No. 20) 61 Freedom of expression and freedom of the media (1) Every person has the right to reedom of expression, which ineludes— (a) freedom to seek, receive and communicate ideas and other information; (b) freedom of artistic expression and scientific research and ervativity; and (©) academic freedom, (2) Every person isentited to freedom of the media, which freedom includes, protection of the confidentiality of journalists” sources of information {G) Broadeasting and other eleetronie media of communie: of establishment, subject only to State licensing procedures that — jon have freedom a) ave necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government or by political or commercial interests, (4) All State-owned media of communication must — (a) _be free to determine independently the editorial content of theirbroadcasts, ‘or other communications: (b) be impartial: and (c) afford fair opportunity for the presentation of diverg dissenting opinions. 1 views and (5) Freedom of expression and freedom of the media exclude (2) incitement v (b) advocacy oF hatred or hate speech; () malicious injury 1 person's reputation or dignity; oF (€) malicious or unwarranted breach ofa person's right privacy. 62. Access to information (1) Every Zimbabwean citizen ot permanent resident including juistic persons and the Zimbabwean media, has the right of access to any information held by the State ‘ory any institution or agency of government at every level in so faras the information is required in the interes's of public aecountabi (2) Every person. including the Zimbabwean media, has the Fight of access to any information held by 2ny person, including the State, in so Far as the information is required for the exercise or protection of aright (3) Every person fas 2 right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any insiution fof agency of the government at any Tevel, and which relates to that person, (4) Legislation must be enacted to give effect to his tight, but may restrict acvess to information inthe interests of defence, public Security or professional confident to the extent that the restriction is fair, reasonable, necessary and justi democratic soviety based on openness, justice, human dignity, equality and freedom 63. Language and culture Every person has the right— (a) to use the Language of their choice: and (b)- to participate in the cultural life of th a No.tNo.l (Cossrirvvion oF Ziman Avsentst (No. 20) 2013 but no person exe Chapter. ing these rights may do so in a way that is inconsistent with this 64 Freedom of profession, trade or occupation Every person has the right to choose and carry on any profession, trade or ‘occupation. but the practice of a profession. rade or ovcupation may be regulated by law. 65 Labour rights (1) Every person has the right to fair and safe labour practices and standards ‘and to be paid a Fair and reasonable wage. (2) Except for members of the security services, every person has the right to form and join trade unions and employee or employers” organisations of their choice, and to participate inthe lawful activities of those unions and onganis: (3) Except for members ofthe security services. every employee has the right to participate in collective job action, including the right to strike, sit in, withdraw their labour and to take other similar concerted action, Buta law may resi the exercise of this right in order to maimtain essential service (4) Every employee is entitled to just, equitable and satisfactory conditions of work (5) Except for members of the security services. every employee, employer. trade union, and employee or employer's organisation bas the right to— (a) engage in collective bargaining: (b) organise: and (©) form and join federations of such unions and orgat sions, (6) Women and men have a right 1o equal remuneration for similar work. (7) Women employees have a right to fully paid maternity leave for a period of at least three months, 66 Freedom of movement and residence (1) Every Zimbabwean citizen has— (a) the right o enter Zimbabwe: (b) immunity from expulsion from Zimbabwe; and (©) the right toa passpor or other travel document. (2) Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the Fight to— (a) move freely within Zimbabwe: (b) reside in any part of Zimbabwe: and (6) leave Zimbabwe. 67 Political rights (1) Every Zimbabwean citizen bas the right — (a) tofree, fairand regular elections forany ek in terms of this Constitution or a (b) to make political choices freely ive public officee other law; and ished (2) Subject to this Constitution, every Zimbabwean citizen has the right 22013 srarevie oF Zinman: AneNDaUESt (NO 20) (a) 1 form. to join and to panicipate in the acti ‘organisation of their choice: (b)- to campaign freely and peacefully fora political party or cause: (©) 16 participate in peaceful political activity; and (a) 1© participate, individually or collectively, in gatherings or groups or i “any other mariner, in peacetul activities o influence, challenge or support the polieies of the Government or any political or Whatever cause 3s of a political party or izen who is of or over (3) Subject to this Constitution, every Zimbabwean ci eighteen years of age has the right — (a) vote in all elections ancl referendums to whieh this Constitution or any other law applies. and to do so in secret; and (b) 10 stand for election for public office and, if elected, to hold such office (4) For the purpose of promoting mult _most provide for the funding of political parties. ry democracy. an Act of Parliament 68 Right to administrative justice (1) Every person has a right to administrative conduet that is lawful, prompt clficient, reasonable, proportionate, impartial and both substantively and procedurally fair. (2) Any person whose right, freedom, interest or legitimate expectation has been adversely affected by adninistrative conduct has the right to be given promptly ‘anal in writing the reasons for the conduct (3) An Act of Parliament must give effect to these rights. and must — (a) provide for the review of administrative conduet by a court or, where appropriate. by an independent and impartial tribunal; (b)_ impose a duty om the State to give effect to the rights in subsections (1) and (2): and (6) _ promote an efficient administration 69 Right to a fair hearing (1) Every person accused of an offence has the right to a fair and public tial n a reasonable time before an independent and impartial court (2) In the determination of civil rights and obligations every person has a right to a fair, speedy and public hearing within a reasonable time before an independent ‘and inypartial court, tribunal or other forum established by law (3) Every person has the right of access to the courts, or to some other uibunal or forum established by law forthe resolution of any dispute. (4) Every person nasa right. their own expense to choose and be represented by a legal practitioner betore any court. sribunal of forum, 70. Rights of accused persons (1) Any person accused of an offence has the following rights — (2) tobe presumed innocent until proved guilty (b) tobe informed promptly ofthe charge, toanswer its (©) whe given adequate time and fwilites to prepare a defence: sufficient detail (0 u NodNo.1 Cossrmetion oF Zinmanwre Awesranesr (No 20) 2013 (@) to choose a fegal practitioner and. al their own expense, o be represented by that legal practitioner, (©) tobe represented by a legal practitioner assigned by the State and at State ‘expense. if substantial injustice would otherwise result: (0) 10 be informed promptly of the rights conferred by paragraphs (d) and (er (a) to be present when being tried; (hy to adduce and challenge evidences G3) to remain silent and not o testify orbe compelled to give sel-incriminating evidence: 4) tohave the proceedings ofthe trial interpreted into a language that they understand: (Kk) notto be convicted of an act or omission that was not an offence when it ‘ook plac (1) not be convicted of an xet or omission that is no longer an offence; em) not to be tried for an offence in respect of an act or omission for which they have previously been pardoned or either acquitted or convicted on the merits; (n) tobe sentenced tothe esser of the prescribed punishments ifthe prescribed punishment forthe offence has heen changed between the time the offence was conunitted and the time of sentencing, (2) Where this section requires information to be (a) the information must be given in language the person understands: ane (b) ifthe person cannot read or write. any document embodying te information ‘must be explained in such a way thatthe person understands it ven toa person— (3) In any criminal tril, evidence that has been obtained in a manner that violates any provision ofthis Chapter must be excluded ifthe admission ofthe evidei ‘would render the trial unfair or would otherwise be detrimental to the administration (of justice oF the public interest, (4) Any person who has been tried for an offence has the right.on payment of Se fee prescribed by law, 0 be given a copy of the record of the proceedings ‘within a reasonable time alter judgment is delivered in the trial (5) Any person who has been tried and convicted of an offence has the right, subject lo reasonable restrictions that may be prescribed by law, lo— (4) have the case reviewed by « higher court: oF (b)- appeal toa higher court against the conviction and sentence. 71 Property rights: (1) In this seetion— pension benefit n wable— ‘o any person from the Consolidated Revenue Fund; in respect of a person's service with an employers in respect of a person's ill-health or injury: or in respect of a person’s retirement through age or ill-health or any other reason: 1s pension, ann gratuity or similarallowance which2013 Cossrereves oF Zinianante Asmapanest (No 20) ‘annuity, gratuity or allowance: property” means property of any description and any right or interest in property. (2) Subject to seetion 72. every person has the right. in any part of Zimbabwe. to acquire, hold, cecupy, use, transfer, hypothecate, lease or dispose ofall forms of property. either individually or in association with others (3) Subject 10 this section and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied— (2) the deprivation isin terms of a law of general application: (b) the deprivation is necessary for any of the following reasons— (i) in the interests of defence. public safety. public order. public ‘morality. public health or town and country planning: oF i) in order to develop or use that or any other property for a purpose beneficial to the commun (©) the law requires the acquiring authority — (to give reasonable notice ofthe intention to acquire the property 10 ‘everyone whose interest or right in the property would he affected by the acquisition; Gi) (0 pay fair and adequate compensation for the acquisition before acquiring the property or within a reasonable time after the acquisition; and if the acquisition is contested. to apply 10 a competent cour, before acquiring the property, or not later than thirty days after the acquisition, for an order conficming the acquisition (4) the aw emritles any person whose property has heen acquired to apply to competent court for the prompt retum of the property ifthe court does, rot confirm the acquisition: and (2) the law entitles any claimant for compensation co apply 10 « competent ‘court for the determination of — (the existence, nature and value of their interest in the property concerned Gi) the legality of the deprivation: and i) the amount of compensation to which they are entitled: and to apply tothe court (or an order directing the prompt payment of any compensation. (4) Where a person has a vested or contingent right tothe payment of a pension benefit. lave which provides for the extinction or diminution of that right is regarded, for the purposes of subsection (3), 2% a law providing for the compulsory acquisition of property. 72 Rights to agricultural land (1) In this seetion— agricultural land” means Land used oF suitable for agriculture, that t0 say For horticulture, viticulture, forestry or aquaculture oF for any purpose of husbandry. including — (2) the keeping or breeding of livestock. game. poultry. animals or bees: of (b) the grazing of livestock or game: 6 NowtNot Constr: oF Zinman Anexoutar (No. 20) 2013 but does not include Communal Land or land within the houndaries of aan urban local authority or within a cownship established under & law relating fo town and country planning or as defined in a law relating to land survey; “land” includes anything permanently attached to or growing on land! piece of agricultural land” means a piece of agricultural land registered as @ separate piece of land in a Deeds Registry. (2) Where agricultural land, or any tight or interest in such land. is required for a publie purpose. including — (a) settlement for agricultural or other purposes; (bland reongnisation, Forestry. environmtental conservation or the uilisation (of wild life or other natural resources; oF (©) the relocation of persons dispossessed as a result of the wilisation of land for a purpose referred to in paragraph (a) oF (b); the Land. righ or interest may be compulsorily acquired by the State hy notive published inthe Gazette identifying the land, right or interest. whereupon the and. right or interest vests in the State with full ile with effeet from the date of publication of the notice. (3) Where agricultural land. or any right or interes in such land, is compulsorily, scquired fora purpose referred to in subsection (2)— (a) subject to section 295(1) and (2). no compensation is payable in respect of acquisition, except for inyprovements effected on it hefore is acquisition (b) no person may apply to cour forthe determination of any question relating to compensetion. except forcompensation for improvements effected on the land before its acquisition, and no Cour may entertain any such application: and (©) the acquisition may not be challenged on the ground that it was discriminatory in contravention of section 56. (4) All agricultural land whi (a) was itemised in Schedule 7 to the former Constitution; oF (b) before the effective date, was identified in terms of section 16152 Kai) of (il) ofthe former Constitution; continues to be vested in the State, and no compensation is payable in respeet of its acquisition except for improvements effected on it before its acquisition. (5) As soon as practicable after agricultural land is compulsorily acquired i accondatice with subsection (2), the officer responsible forthe registration of title over land must, without further notice, effect the necessary endorsements upon any title ‘deed and entries in any rewister for the purpose of formally cancelling the title deed and registering the State’ ttle over the [and (6) An Act of Partiament may make it an offence for any person, without lawful authority, possess or occupy agricultural land referred ton this section or ater State land, (7) In regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of land reform, the following faetors must be regarded 38 of ultimate and overriding importance — (a) under colonial domination the people of Zimbabwe were unju dispossessed oftheir land and otter resources without compenss nly ion: (b) the people consequently took up arms in order to regain tei lan an pica sovereignty, andi this ultimately resulted inthe Independence of Zimbabwe in 1980; 36Not 2013 (©) the people of Zimbabwe must be enabled to re-assert their rights and regain ownership of their and: and accordingly — the former colonial power has sn obligation to pay compensation for agricultural and compulsorily aequired for resettlement. through sm adequate fund established for the purpose; and i) if the former colonial power fails to pay compensation through such a fund. the Government of Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement (8) Thissection applies without prejudice to the obligation ofthe former colonial power fo pay compensation for land referred to in this section that has been acquired for resettlement purposes 73 Environmental rights (1) Every person has the right (a) toan environment that is not harmful to their heath or well-being; and () to have the environment protected for the benefit of present and future ‘generations, through reasonable legislative and other measures that i evological degradation; Gi)_ promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting economic and social development (2) The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation ofthe rights set ouL in this section. 74 Freedom from arbitrary eviction No person may be evicted from their home, oF have their home demolished. ‘without an order of court made after considering all the relevant ci 75 Right to education (1) Every citizen and permanent resident of Zimbabwe has a right to— (a) abasic State-funded education, including adult basie education; and (b) further education, which the State, through reasonable legislative and ‘other measures, must make progressively available and accessible. (2) Every person has the right to establish and maintain, at their own expense. independent educational institutions of reasonable standards, provided they do not discriminate on any ground prohibited by this Constitution, 3) A law may provide forthe registration of educational institutions referred 10 in subsection (2) and for the closing of any such institutions that do not meet reasonable standards preseribed for registration. (4) The State must take reasonable legislative and other measures. within the Jimits ofthe resources available to it, © achieve the progressive realisation ofthe right set out in subsection (1), 76 Right to health care (1) Every citizen and permanent resident of Zimbabwe bats the right 10 have access to hasic health-care services, including reproductive health-care services, 7Nol Costa to oF ZinRanite AMENoNEST (Ne 20) 2013 (2) Every person living with a chronic iliness has the right to have access to basic healthcare services for the illness (3) No person may be refused emergency medical treatment in:any health-care institution. (4) The State must take reasonable legislative and other measures, within the limits of the resources available to it,to achieve the progressive realisation ofthe rights set out in this section, 77 Right to food and water Every person has the right to- (a) safe, clean and potable water and (b)_sulficient food, and the State must take reasonable legislative and other me the resources available to it, 0 achieve the progressive realist ures, within the limits of sof this right 78 Marriage rights (() Every person who has att Found a family 2) No person may be compelled to enter into marr ned the age of eighteen years has the right to ‘against their will, @) Persons of the same sex are prohibited from marrying each other. PART3 ExagoRamion oF Crxtuy Riairs 79. Application of Part 3 (1) This Par elaboratey certain rights and freedoms to ensure greater certainty to the application of those rights and freedams to panicular classes of people. (2) This Part must not be construed 2s liming any right or freedom set oat in Part 2 80 Rights of women (1) Every woman hay full and eyual dignity of the person with men and this includes equal opportunities in political, economic and social activities. (2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those Fights are to be exercised. (3) All laws, customs, traditions and cultural practices that infringe the rights ‘of women conferred by this Constiuution are void to the extent ofthe infringement, 81 Rights of children (2) Every child. that is to say every boy and gitl under the age of eighteen years, has the right — (a) (© equsl treatment before the la, (b)_ to be given a name and family name; (©) in the ease of a ehild who is— 4) bom in Zimbabwe: or Gi)__bom outside Zimbabwe and is a Zimbabwean citizen by descents {o the prompt provision ofa birth certificates 8 ng the right to be heardNow Coser nc oF Zinman AMEND (No 20 2013 (@) {0 family or parental care, or to appropriate care when removed fron) the family environment; (©) be protected from economic and sexual exploitation, from child labour, and from malreatment, nepleet oF any form of abuse: (8) teducation, health care services, nutrition and shelter: ® jt f0 be reeruited into a militia Foree or take part in armed conflict or hostilities: (hy not to be compelled to take part in any political neti yeand (2) not to be detained except as a measure of last resort and, iP detained — (i). t0 be detained for the shorest appropriate period: tobe kept separately from detained persons over the age of eighteen ‘years; and (iii) to be weate of the child's (Q)Acchila’s bes i (3) Children are entitled to adequate protection by the courts. in partivular by the High Court as their upper guardian. ge. nner. and kept in conditions. that take account lees are paramount in every matter concerning the child 82 Rights of the elderly People over the age of seventy years have the right — (2) to receive reasonable care und assistance from thee families and the State: (b) to receive health care and medical assistance from the State; and (6) toreceive financial support by way of social security and welfare; and the State must take reasonable legislative and other measures, within the limits of the resources available (0 it, 1 achieve the progressive realisation of this right 83 Rights of persons with disabilities ‘The State must take appropriate measures. within the limits of the resources available to it, © ensure that persons with disabilities realise their full mental physical potential includ (2) enable them 1o become sel reliant; (b)- tenable them to live with their Families and participate of recreational activities; (©) to protect them from all forms of exploitation and abuses (G) 10 give them access 19 medical, psychological and furetional treatment: e) to provide special facilities for their educations and (1) to provide State-funsded education and training where they need it 84 Rights of veterans of the liberation struggle (1) Veterans of the liberation struggle, a) those who fought in the War of Liberation (b)_ those who assisted the fighters in the War of Liberation: and (e) those who were imprisoned, detained or restricted for political reasons during the liberation struggle: are entitled to due recognition for their contribution tothe liberation of 7 to suitable Welfare such as pensions and access 10 basic health care ” ial isto say— pobahove, andNot Cexsrc nos oF Zesmane Ansexoatest (No 20) 2013 (2) An Actof Parliament must confer on veterans ofthe liberation struggle the entitlements due to them under suhsection (1). PART4 Esroncrext oF FuNpAMPSTAL HUMAN RIGHTS AND FREFDOMS, 85 Enforcement of fundamental human rights and freedoms (2) Any of the following persons, namely — (a) any person acting in their own interests; (b)-_any person ating on behalf of another person who cannot act for themselves; fe) any person a persons: (a) any person acting in the publiv interest: (@) any association seting in the interests of its members; a. a member. or in the interests, of a group or class of is emitted to approach court alleging that a fundamental right oF freedom ensbri in this Chapter has been. is heing or is likely to be infringed, and the court may gran appropriate relief. including a declaration of rights and an awand of compensation, (2) The faet that a person has contravened a law does not debar them from approaching « cour for relief under subsection (1). (3) The rules of every court must provide for the procedure to be followed i ceases where relief is sought under subsection (1), and those rules must ensure that ~~ (a) the Fight to approach the court under subsection (1) is fly faciitated; (b) formalities relating to the proceedings, including their commencement. are kept to a minimum; (c) the count, while observing the rules of natural justice. is not unreasonably restricted by procedural technicalities; and (G) person with particular expertise may, with the leave of the court, appear aS friend of the cour, (4) The absence of rules referred to in subsection (3) does not limit the right 10 ‘commence proceedings under subsection (1 }and to have the ease heard and determined by a coun. PARTS Lrxtioy oF FeNpawestaL Hewtay RIGHTS AND FREEDOMS 86 Limitation of rights and freedoms (1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons. (2) The fundamental rights and freedoms set out in this Chapter may be lim 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 based on openness, Justice, human dignity, equality and freedom. taking into aceount all relevant factors, includ (2) the nature of the right or freedom concerned: (O) the purpose of the limitation, in particular whether itis necessary in the mlerests of defence, public satety, public onler, public morality, public health. regional or town planning or the general public interest, 40Now Cossrae nies oF Zinamwe AMSDMENT (No, 20) 2013 (©) the nature and extent ofthe limitation; (@) the need to ensure that the enjoyment of rights ane freedoms by any person does not prejudice the rights and freedoms of others: (e) the relationship between the limitation and its purpose, in particular ‘whether it imposes greater restrictions on the Fight or freedom concerned ‘han ore necessary 10 achieve its purpose; and (0) whether there are any less restrictive means of achieving the purpose of the limitation. (3) No law may limit the following rights enshrined in this Chapter, and no person may violate them — (a) the righ¢ 1 life, except to the extent specified in section 48: (lo) the Fight to human dignity: (e) the right not 10 be tortured or subjected to cruel, inhuman or degrading ‘yeatment or punishment; (6) the right not to be placed in slavery or servitude: fe) the Fight toa fair rial (1) theright to obtain an orderof habeas corpus as provided in section 5047Va). 87 Limitations during public emergency (1) Inaction othe liitations permitted by section 86, the fundamental rights snd freedoms se out inthis Chapter may be further limited by @ written law providing For measures 10 deal with situations arising during @ period of publi: emergency. but only 10 the extent permitted by this section and the Second Schedule (2) A written law referred to in subsection (1) and taken under that law must he published in the Gacette. 1y legislative measures (3) Any limitation which a written law referred to in subsection (1) imposes fon a fundamental right or freedom set out in this Chapter must not be greater than is sirietly required by the emergency. (4) No law that provides for a declaration of a state of emergency, and no legisiative or other measure taken in consequence of such & declaration, may— (2) indemnify, or permit or authorise an indemnity for, the State or any institution or agency ofthe govemment at any level, or any other person, in respect of any anlawful act; or (b) limit any ofthe rights referred to in section 86(3 any of those rights to be violated. for authorise oF permit CHAPTER 5 Tar Executive PART 1 Exrectiv ActwoRny 88 Executive authority (1) Executive authority derives from the people of Zimbabwe and must be exercived in accordance with this Constitution (2) The executive authority of Zimbabwe vests in the President who exercises it, subject to this Constitution. through the Cabinet 4Not Cossreenios oF Zastava Assess (No. 20) 2013 PART? ‘Tur Presper ano Vier PRESIDENTS 89. The President The President is the Head of State and Government and the Commander: Chief of the Defence Forces. 90 Duties of President (1) The President must uphold, defend, obey and respect this Constitution as the supreme law of the nation and must ensure that this Constitution and all the other laws are faithfully observed. (2) The President must — (@) promote unity and peace in the nation For the benefit and well-being of all tke people of Zimbabw (b)- recognise and respect the iGeals and values ofthe liberation strugele: (©) ensure protection of the fundamental human rights and freedoms and the rule of law; and (G) respect the diversity of the people and communities of Zimbabwe. 91 Qualifications for election as President and Vice-President (1). person qualifies for election as President or Vice-President it he or she (a) is Zimbabwean citizen by birth or desvent (b)- has attained the age of forty years; (©) is ondinarily resident in Zimbabwe: and (A) is registered asa voter, 2).\ person is disqualified for election as President or Vice-President if he or ‘she has already held office as President under this Constitution for two terms, whether continuous or not, and forthe purpose of this subsection three or mote years” service js deemed to be a full teem, 92 Election of President and Vice-Presidents (1) The election of a President and two Vice-Presients must ake place within the period specified in section 158. (2) Every candidate for election as President must nominate two persons to stand for election jointly with him or her as Vice-Presidents. and must designate one Cf those persoms as his or her candidate for frst Vice-President and the other as his her candidate for second Vice-President, (3) The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe. and the procedure for their election is as prescribed in the Blectoral Law. (4) The qualifications for ‘of a President and Vice-President tration as a voter and for soting atan election set out in the Fourth Schedule. (5) Theelection of a President and Vie-Presidents must take place concurrently with every general election of members of Parliament, provircial councils and local authorities 93 Challenge to presidential election (2) Subject tots seetion any aggrieved candidate may challenge the validity 2Now Const nies oF Zaveani: Astespues (No 20) 201 of an election of President or Vice-President by lodging a petition or application with ‘the Constitutional Coun within seven days after the date ofthe declaration of the results of the election, (2) The election ofa Vice-President may be challenged only on the ground that he or she is or was wot qualified for election, (3) The Constitutional Court must hear and determine a pet under subsection (1) within fourteen days after the petition or applie and the court’s decision i final ion or application sation was lodged. (4) In determining a petition or application under subsection (1), the Constitutional Court may— (a) declare a winner; (b) invalidate the election, in which case fresh election must be held within sinty days after the determination: or (©) make any other onder it considers just and appropriate (5) IF.in a petition or application under subseetion (1) (a) the Constitutional Cour setsaside the election ofa President. the election of the President's two Viee-Presidents is automatically nullified: (b) the Constitutional Court sets aside the election of either or both Vice Presidents, the President must without delay appoint a qualified person ‘or qualified persons, as the ease may be. to be Vice-President oF Vice Presidents, 94 Assumption of office by President and Vice-Presidents (1) Persons elected as President and Vice Presidents assuine office when they take, before the Chief Justice or the next most senior judge available, the osths of President and Vice-President respectively in the forms set out inthe Third Schedule, Which oaths they must ake— (a) on the ninth day after they are declared to be elected; or (b) in the event of a challenge to the validity of their election, within fory= eight hours afier the Constitutional Court has declared them 1 be the nption of office by the President-elect in terms of subsection (1). (3) A Vice-President who becomes President on the death, resignation or removal from office of the President assumes office when he or she takes, before the Chief Justice or the next mos! senior judge available, the oath of President i the form set out in the Third Sehedule. witich oath he or she must take as soon as possible and event within forty-eight hours after the office of President became vacant 95 Term of office of President and Vice-Presidents (1) ‘The term of office of the President or a Vice-President conmnences on th day bee or she is sworn in and axsumes office in terms of section 9K IXa) oF 943), 2) The term of office of the President ora View-Pre (a) _he or she resigns oris eemoved from office; or extends until (b) following an election, he or she is declared to be re-elected oF @ new President is declared (0 he elected; snd, except as otherwise provided aNo.t Coser ios oF Zivaqnir: Antena (No. 201 2013 in this Constitution, their terms of office are five years and coterminous with the life of Parliament 96 Resignation of President or Vice-President (1) The President may resign his or her office by writen notice to the Speaker, who must give public notice ofthe resignation as soon as it is possible to do so and in ‘any event within twenty-four hours 2) A Vice-President may resign his or her office by written notice (0 the President. who must give public notice of the resignation as soon as itis possible to do so and in any event within twenty-four hours, 97 Removal of President or Vice-President from office (4) The Senate and the National Assembly, by a joint resolution passed by at leas: one-half of their tocal membership, may resolve tat the question whether or not the President ora Vice-President should be removed from office for— (a) setious misconduct, (hb) failure to obey. uphold or defend this Constitution: (©) wilful violation of this Constitution: or (@) inability to perform the functions of the office because of physical or ‘mental incapacity: should be investigated in terms of this section 2) Upon the passing of « resolution in terms of subsection (1). the Commitice fon Standing Rules and Orders must appoint a joint committee of the Senate and the National Assembly consisting of nine members reflecting the political composition of Parliament, to investigate the removal from office of the President or Vive: President, as the ease may be. Bite (a) the joint committee appointed in terms of subsection (2) recommends the renioval from office of the President or Vice-President: and (b) the Senate and the National Assembly, by a joint resolution passed by at least ewo-thieds of their total membership, resolve that the President or Vice-President, as the case may be, should be removed from office the President or Vice-President there won ceases fo hold office 98 Presidential immunity (1) While in office, the President is not liable 10 civil or eriminal proceedings in any court for things done or omitted to be done in his oF her personal capacity (2) Civil orerinsinal proceedings may be instituted against a former President For things done and omitted to be done before he or she became President or while he fr she was Presiden (3) The running of prescription in elation o any debt or lability ofthe President arising before or dusing his or her term of office is suspended while he or she remains, in office (4) In any proceedings brought against a former President for anything done ‘oromitted to be done in his or her official capacity while he or she was President, itis aadefence for him or her to prove that the thing was dr n good faith.Not Coxertumios oF Zisenpwe AnteNDuEST (No 20) 2013 99 Functions of Vice-Presidents ‘The Vice-Presidents assis the President in the discharge of his or her functions and perform any other functions, including the administration of any Ministry. department Oo Act of Parliament, that the President may assign 10 them, 100 Acting President (1) Whenever the President is absent from Zimbabwe or is unable 10 exercise his or her offical functions through illness orany other cause. those functions must be assumed and exercised— (a) by the first Vice-President; Ab) where the first Vice-President the second Vice-President: or (c) if there is no Vice-President who is able t exercise the functions. by & Minister— G7) designated for suet an eventuality by the President; or (i) nominated by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i). (2) Except in accordance with a resolution passed by a majority of the total ‘membership of the Cabinet, a person exercising the functions of the office of President in terms of subsection (1) must not exercise the power of the President — (4) to deploy the Defence Forces: (b) to enter into any international convention, treaty or agreement: (€) 10 appoint or revoke the appointment of a Vice-President, Minister or Deputy Minister: or (@)__t0 assign or reassign functions co a Vice-President, Minister or Deputy Minister, including. in the ease of x Vice-President or Minister. the administration of any Act of Parliament or of any Ministry or departmen ‘or to cancel any such assignment of functions. 101 Succession in event of death, resignation or incapacity of President or Vice-President (1)IF the President dies, resigns ors removed from office (a) the first Vice-President assumes office ay Presider former President's term of office: ini the expiry of the (by the second Vice-President assumes office as first Vice-President until the expiry of the former Presidents term of office: and (©) upon assuming office as President, the Former first Vice-President must appoint a qualified person to be second Vice-President until the expiry of the former President's term of office YI the first Vice-President di a) the second vice-President assumes office ay fist View-Presidey expiry of the former first Vice-President’ term of office: and resigns or is removed from office— until the (b) the President must without delay appoint a qualified person to be secon Vice-President until the expiry of the former frst Vice-President’ term of offic,Conse nion oF Zintaanee AvxDAEST ENC 20) 2013 102 Remuneration of President and Vice-Presidents (1) The President and Vice-Presidents are entitled to the salaries, allowances. pensions and other benefits that are prescribed under an Act of Parliament (2) The salaries and allowances of the President ancl Vice-Presidents must be charged upon and paid oat of the Consolidated Revenue Fund, (3) A person who has ceased to he President or Vice-President is entitled to. (a) pension equivalent co the salary ofa siting President or Vice-President, asthe case may be; and (b) such allowances and other benefit Parliament as may be preseribed under an Net of 103 President and Vice-Presidents and former office-holders not to hold other office or employment ‘The President and Vice-Presidents, and any former President or Vice-President, ust ot, directly or indirectly, hold any other public office or be employed by anyone else while the pension from the State as former President or Vice-President, as the ease may be. lice or are recei PART 3 Mixistes, Devvty Mesisttes axb Cammser 104 Appointment of Ministers and Deputy Ministers. (1) The President appoints Ministers ancl assigns functions to them, including the administration of any Act of Parliament or of any Ministry or department. but the President may reserve co himself or herself the administration of an Act, Ministry or epariment (2) The President may appoint Deputy Ministers to assist any Minister in the exercise of his or her function (3) Ministers and Deputy Ministers are appointed trom among Senators or ‘Members ofthe National Assernbly, but upto five, chosen for their professional skills nd competence, may be appointed from outside Parliament (4) ln appointing Ministers and Deputy Ministers. the President must he guided by considerations of regional and gender balance (5) Ministers and Deputy Ministers who are not Members of Parliament may sit and speak, but not vote, in the Senate or the National Assembly (6) Before taking office, a person appointed as Minister or Deputy Minister rmuist take before the President the appropriate Ministerial oath in the form set out in the Third Schedule. 105 Cabinet (1) There is a Cabinet consisting of the President, as head of the Cabinet. the Vice-Presidemts and suck Ministers as the President may appoint to the Cabinet (2) Cabinet meetings are presited overby the Presidentor. in his orher absence. by a Vice-President or in their absence, hy a Minister referred to in section 10041 Me). 46F Zisngmwe Astexnoses (No 20) No.l Cosserr-ti 106 Conduct of Vice-Presidents, Ministers and Deputy Ministers (1)Every Vice-President, Minister and Deputy Minister must ae with this Constitution. (2) Vice-Presidents, Ministers and Deputy Ministers may not, during theit Lenute of office (a) directly or indirectly, hold any other public office or undertake any other paid work: (b) actin any way that is inconsistent with their office, orexpose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests oF (c)_use their position, or any information entrusted to them. to enrich themsetves or improperly benefit any other person aecordance (3)An Act of Parliament must prescribe « code of conuet for Viee-Presidents Ministers and Deputy Ministers 107 Accountability of Vice-Presidents, Ministers and Deputy Ministers (1) Subject 10 this Constitution, every Vice-President, Minister and Deputy (2) Every Vice-President, Minister and Deputy Minister must atend Parliament and parliamentary committees in order to answer questions conceming matters for which he or she is collectively or individually responsible. 108 Tenure of office of Ministers and Deputy Ministers (1) the office of a Minister or Deputy Minister becomes vaca (a) ifthe President removes him or her from office: (b)_ if he or she resigns from office by written notice o the President, (©) upon the assumption of oftiee by a new President (2) Subject to subsection (4). Minister or Deputy Minister who was a Member ‘of Parliament on appointment as Minister or Deputy Minister vaeates his or her office as such upon ceasing to be Member of Pa (3) Subject to subsection (4), a Minister or Deputy Minister who was not a Member of Parliamient on appointment as Minister or Depaty Minister vacates his or hher office as such if circumstances arise that woud result in his or her seat becoming vacant were he oF she a Member of Parliament. ment, (4) Subject to this Constitution. in the event of a dissolution of Parliameet. Ministers and Deputy Ministers continue to hold office as such until the President-clevt assumes office after a general election. 109 Vote of no confidence in Government (2) The Senate and the National Ass least two-thirds of their total n Government -nbly. by a joint resolution passed by at bership, may pass a vote of no confidence in the (2) A motion forthe resolution fora vote of no confidence may be moved only if (a) at least seven days" notice of the motion has been given to the Speaker: and (b) the notice of motion has heen Signed by at least half of all the Members of the National Assenibly, aNowt Cossrretion oF Zaman Astexpast (No 20) 2013 3) motion fora vote of no confidence — (a) must be debated ina joint sitting of the two Houses of Parliament within loventy-one days after the Speaker received the notice of motion; ane (b) must be voted on within seven consecutive sittings afler it was moved: ‘otherwise it is regarded as lost, (4) Where Parliament passes a vote of no confidence in the Government, the President must, within fourteen days after the ¥o\e— (@) remove all Ministery and Deputy Ministers from office, unless they have already resigned as a result of the resolution, and appoint persons in their place: or (b) dissolve Parl nt and. within ninety days. call a general election, (5) Ifthe President does not actin aevontance with subsection (4) within fourteen ddays.aftr the passing ofthe vote of no confidence inthe Government, Parliament stands, dissolved. PaRT4 Executive PeNenions 110 Executive functions of President and Cabinet (1) The President has the powers conferred by this Constitution and by any Act of Parliament or other law, including those necessary to exercise the functions of Head of Siae, (2) Subject to this Ce the President is responsible for— (a) assenting to and signing Bills; {(b) referring a Bill tthe Constitutional Coust for an opinion or advice on its constitutionality (©) summoning the National Assembly, the Senate or Parliament to an extraordinary siting to conduct special business; (@) making appointments which the Constitution or legislation requires the President to make: (e) calling elections in terms of this Constitution; (0) calling referendums on any matter in aecordance with the law; (g) deploying the Defence Forces: (i) conferring honours and awards; (2) appointing ambassadors, plenipotentiaries representatives: and Gj) reveiving:and recognising foreign diplomatic and consular representative. (3) Subject to this Ci a) dipeeting the operations of Government h) conducting Government business in Pattiament; and diplomatie and consular ie for— tion. the Cabinet is respons (c) preparing, initiating and implementing national legistation: (G)_ developing and implementing national policy; and (e) advising the President. (4) Subject to this Constitution, the President may conclude or execute conventions. treaties and agreements with foreign states and governments and international organisations 48Not Cossten-toss or Zana: Asceveanase (No 20) 2013 (5) A decision by the President must be in w legislation, {ng if itis taken in terms of () In the exercise of his or her executive functions, the President must act on the advice of the Cabinet. except when he or she is aeting in terms of subsection (2) above. 111 War and peace (4) The President has power to declare war and make peace. and must advise the Senate and the National Assembly within seven siting days after exercising such power (2) The Senate and the National Assembly, by a ji least worthirds of the (otal membership of Pasliamen of war should be revoked. (3) Where Parliament has resolved that a declaration of war should be revoked. the President must take al practical steps to disengage from the war, taking due aecount of the need to ensure the safety of Zimbabwesn personnel and equipment resolution passed by at may resolve that a declaration 112 Power of mercy (2) The President, after consultation with the Cabinet, may exercise the power ‘of merey. that isto say, may — (a) grant a pardon to any person concemed in or convicted of an offence against any la; (b)_ grant a respite from the execution of a sentence for any offence for an indefinite or specified penod; (6 substitute a less severe punishment for that imposed for any offence: or (a) suspend for a specified period orremit the whole or part of a sentence For any offence or any forfeiture imposed in respect of any offence: and may impose conditions on any such pardon, respite, substitution or suspension (2) Where a person who is resident in Zimbabwe has heen convicted inanother ‘country of an offence against a fa in forve in that country. the President may declare that the conviction is not to be regarded as a conviction forthe purposes of this Constitution ‘or any other lav in force in Zimbabwe. (3) The grant of « pardon or respite from execution of sentence or the substitution fr suspension of a sentence must be published in the Gazer. 113 States of public emergency (1) The President may by proclamation in the Gazette declare that a state of public emergeney exis in the whole or any part of Zimbabwe. 2)Acecloration of state of public emergency ceases to have effect after fourteen ys beginning with the day of publication of the proclamation in the Gazette unless. before the end ofthat period, the declaration is approveed by at least two-thirds ofthe total ‘membership of Parliament a a joint sitting ofthe Senate and the National Assembly. (3) LF Parliament is dissolved during the period of fourteen days after a state of public emergency has been devlired, the declaration ceases o have effect after wemty- tone days. beginning with the day of publication of the proclamation in the Gazete Luntess within that period the declaration is approved by a majority of all he Members of the new Parliament ata joint sitting of the Senate and the National Assembly. (4) A declaration of a state of publiv emergency which bas been approved under subsection (2) 0F (3) remains in effect for three months from che dave on which 49Not the proclamation was published in the Gazette unless it has eatlier been revoked or ‘ceased (0 have ellect under this section, (5) If 2 declaration of a state of public emergency is not approved after consideration by Parliament, or if for any reason itis not considered by Parliament within the period specified in this section, the President must, within seven days, by proclamation in the Gazette, revoke the declaration. (6) If. by a resolution passed by @ majority of the members present a a joint sitting ofthe Senate and the National Assembly. Parliament resolves that a declara ‘ofa state of public emergency — (2) should be continued for further period not exceeding three months, the President must without delay, by proclamation in the Gazette extend the declaration for that further period: (b) should be revoked or that it should apply within a smaller area, the President must without delay, by proclamation in the Gazerte.revoke the declaration or provide thatthe declaration relates to that smaller area. (7) The Constitutional Court.on the application of any interested person.may termine the validity of (a) adeclaration of a state of public emergency: (b) any extension of a declaration of a state of public emergency. (8) Any court may determine the validity of any legislation ensezed, or other action taken, in consequence of a dectaration of a state of public emergency. PARTS Arroxsry-Gevenst 114 Attorney-General (1) There isan Attorney-General appointed by the President (2) person who has been appointed as Attorney-General assumes office upon taking before the President.ora person authorised bythe President.the oaths of loyalty snd office in the forms set out in the Third Schedule G)A person is qualified for appointment as Attomey-General if he oF she is «qualified for appointment asa judge of the High Coun. (4) The functions ofthe Attomey-Generalsre— (2) to act asthe principal legal adviser o the Government: (5) to represent the Government in civil and eonsttational proceeding (©) 10 draft legislation on hehalf ofthe Governme (2) (© promote, protect and uphold the rule of law and 10 defend the public meres; and (©) © exercise any other funetions that may be assigned to the Attomey: ‘General hy an Act of Parliament; and the Attomey-General may exercise those functions in person or through subordinate officers acting under the Attomney-Genera’s general or specific inseuetions. (5) The Atorney-General may— (a) attend Cabinet meetings. but has no vote: *”Not Coxsrenos oF Zantapwe AsesDust (No 20) 2013 (hb) sit and speak in the Senate ancl the National Assembly, but has no vote: and (©) with the leave of the court concemed. appear as a triend of the court any civil proceedings to which the Government is not 2 party 115 Removal from office of Attorney-General ‘The President may at any time Wve the Atlomey-General from office CHAPTER 6 PART | Lecistanve AvTuoRTy 116 The Legislature The Lecislaure of Zimbabwe consists of Parliament and the President acting in accordance with this Chapter. 117 Nature and extent of legislative authority (1) The legislative authority of Zimbabwe is derived from the people and is ‘vested in and exercised in accordance with this Constitution by the Legislature, lative authority confers on the Ley (a) to amend this Constitution in accordance with section 328; (b) (© make Laws for the peace, onler and good governance of Zimbabwe: and slature the power— (©) confer subordinate legislative powers upon another body or authority in accordance with section 134, PART 2 118 Parliament Parliament consists of the Senate and the National Assembly 119 Role of Parliament (1) Parliament must protect this Constitution and promate democratic govemiance in Zimbabwe. (2) Parliament has power to ensure thatthe provisions of this Constitution are Upheld and that the Store anc all institutions and agencies of government at every level ‘act constitutionally and in the national interest. (3) For the purposes of subsection (2) all institutions and agencies of the State «and government at every level are accountable 10 Parliament.Now Cessrermio oF Zaseaaiwn Axenpatisr (NO 20) 2013 PART3 Tur Sevare 120 Composition of Senate. (1) The Senate consists of eighty Senators, of whom— (a) _sixareelected from each of the provinces into which Zinsbabwe is divided. by a system of proportional representation conforming with subsection Or (b) sixteen are Chiefs. of whom two are elected by the provincial assembly of Chiefs from exch ofthe provinces, other than the metropolitan provinces, into which Zimbabwe is divided: (©) the President and Deputy President of the National Cou and (2) ovo.areelected in the manner prescribed in the Electoral Law to represent persons with disabilities, of Chiefs: (2) Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure thatthe Senators referred 10 in subsection (I)(a) are elected "under a party-list system of proportional representation — (a) which iy based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and (b) in which mate and female candidates ae listed alternately, every list being headed by 2 female candidat. 121 Qualifications and disqualifications for election as Senator (1).\ person is qualified for election as @ Senator referred to in seetion 12041) (2) oF (4) if he oF she— (a) is registered as a voler; and (by isat least forty years of age: is disqualified under subsection (4) or (5), 2). person is ¥20(1 Xb) if he or she— (2) holds the office of Chief: and (b) is registered as a voter unless he or she is disqualified under subsection (4 oF (5) unless he or sh alified for election ay referred to in section G).\ person is qualified for election 2s a Senator referred to in seetion 1201) (4) if he or she isa person with a disability as defined in the Flectoral Tavw, unless he ‘or she is disqualified under subsection (4) oF (8), (4).\ person is disqualified for election as a Senator it~ (a) he or she is disqu voter: of fed under the Hourth Schedule for registration as a (b) within five years before the election, he or she vacated a seat in the Senate or the National Assembly in tems of section 129(1)(1 through having been convieted of an offence. (3) A person is disqualified for eeetion ata by-election m the Senate if he or she is « Member of Parliamentsstmenos oF Zismanwe: Anexpuent (No 20) 2013 122 President of Senate (1) Ati first sitting after# general election and before proceeding to any other business, the Senate must elect a presiding officer fo be known as the President of the Sense (2) Whenever there is a vacancy in the office of President of the Senate, the Senate must without delay eleet a person to fill the vacancy (3) A persor forhas been & 's qualified for election as President of the Senate if he or she is (or oF is qualified to be elected to the Senate (4) Elections to the office of President of the Senate must be conducted by the Clerk of Partiament under the supervision ofthe Zimbabwe Electoral Commission. by secret ballot in accordance with Standing Orders, and the results must be announced Fonhuvith (5) Before commencing his or her duties, the President of the Senate must take before the Chief Justice orthe next most senior judge available the oaths of loyalty and office in the fo the Thicd Schedule. (6) A Senator who is elected as President of the Senate ceases to he a Senator and the vacant seat must be filled in accordance with the Hlectoral Law. (7) The President of the Senate may'resign by announcing bis or her resignation in person to the Senate or. if the Senate is not sitting. by giving written notice to the Clerk of Pariiament (8) The President of the (a) on the day on which the Senate first meets afer a general election, (b)-_ upon accepting any other public office or upon entering employ ment with ‘other person: (©) upon becoming a Member of Parliament or the Speaker: (&) upon becoming a Vice-President, Minister or Deputy Minister: fe) if circumstances arise that would oblige him or her to vacate bis oF her seat. if he or she were a Senator: or (D)_if-a resolution for his or her removal from office is passed by al least ‘wo-thirds ofthe toxal membership of the Senate. fe must vacate his oF her office — 423 Deputy President of Senate (1) As soon as practicable after electing a President of the Senate following 11 general election, the Senate must elect a Senator to be the Deputy President of the Senate Wh the Senate must without delay elect @ person to fi th lever there is a vacaney in he office of Deputy President ofthe Senate, (3) Elections to the office of Deputy President of the Senate must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral ‘Commission, by secret ballot in accordance with Standing Orders. and the results must be announced forthwith (4) Before commencing his or her duties. the Deputy President of the Senate must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office inthe forms set out in the Third Schedule. siNo. Consiiion: oF Zinmannny Astenpanist (No 20) 2013 (3) The Deputy President of the Senate may resign his or her office by announcing his or her resignation in person to the Senate or, if the Senate isnot sitting, by giving written notice ( the President of the Senate or, in the absence of the President of the Senate, to the Clerk of Parliament (6) The Deputy President of the Senate nmust vacate his or heroffiee— (a) upon ceasing to be a Senator: (b) upon becoming the Speaker: (e) upon becoming a Vice-President, Minister or Deputy Minister: (@)_ if a resolution for his or her removal from office is passed by at Least ‘wwo-thirds of the total membership of the Senate. PARTS ‘Tur Navona ASseaBLY 124 Composition of National Assembly (2) The National Assembly consists of — (a) two hundred and ten members elected by secret ballot from the two ‘hundred and ten constituencies into which Zimbabwe is divided: and (b) forthe ie ofthe first wo Parliaments after the effective date an additional sixty women members, six from each of the provinces into which Zimbabwe is divided. elected under a party-list system of proportional representation based on the votes cast for candidates representing polities parties in & general election for constituency members in the provinces (2) Elections of Members of the National Assembly must be conducted in ceordance with the Electoral Law. (3) The qualifications for registration as a voter and for voting at elect Members of the National Assembly are set out in the Fourth Schedule 125 Qualifications and disqualifications tor election to National Assembly (1) A person is qualified for election ay a Member of the National Assembly i he or she— (a) is registered as a voter; and (b)- is atleast wvemy-one years of ag nless he or she is disqualified under subsection (2) oF 3). (2). person is disqualified for election as a Member of th National Assembly it (a) be or she is disqu voter; oF jed under the Fourth Schedule for registration as a (b) within five years before the election, he orshe vavated a seat in the S tr the National Assembly in terms of section 129(1 4) through having. been convicted of an offence @)A person isdisqualifed for election. ithe or she iy a Member of Parliament, -aby-clection in the National AssemblyNo. Constmimos oF Zavmanwe Awexoare (No 20) 126 Speaker of National Assembly (1) ACits fist siting after a 9 ther business, the National Assembly the Speaker. 2) Whenever theresa vacancy inthe office of Speaker, the National Ass ‘must without delay elect a person to fill the vacaney: ral election, and before proceeding to any ust elect a presiding officer to be Known as nly 3) \ person is qualified for election as Speaker if he or she is or has been a Member of the National Assembly ori qualified tobe elected tothe National Assembly 4) Elections to the office of Speaker must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission. by seeret ballot in accordance with Standing Orders. and the results must be announced forthwith (5) Before commencing his or her duties, the Speaker must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule (6) A Member ofthe National Assembly who is elected as Speaker ceases to be 4 Member ofthe National Assembly, and the Vacant seat must be filled in accordance ‘with the Electoral Law: (7) The Speaker may resign by announcing his or her resignation in person to the National Assembly or. if the National Assembly is not siting. by giving writen notiee to the Clerk of Parliament. (8) The Speaker must vacate his or her offic (a) on the day on which the National Ass election; (b) upon accepting any other public office or upon: any other person: (€) upon becoming a Member of Parliament or the President of the Senate: (4) upon becoming « Vice-President, Minister or Deputy Minister; (e) if circumstances arise that would oblige him or her to vacate his or her seat, if he or she were a Member of the National Assembly: or (©) if a resolution for his or her removal from office is passed by at least, 'svorthirds of the total membership of the National Assembly. nbly first meets after a general sing employment sith 127 Deputy Speaker of National Assembly (HAssoon as practicabie afteretecting « Speaker following a general election the National Assembly must elect one of its Members o be the Deputy Speaker. (2) Whenever there iva vacaney inthe office of Deputy Speaker, the National Assembly must without delay elect a person to fill the vacancy G) Elections o the office of Peputy Speaker must be conducted by the Clerk ‘of Partiament under the supervision ofthe Zimbabwe Electoral Commission. by secret ballot in accordance with Standing Orders.and the resulis must be announced forthwith. (4) Before commencing his or her duties.the Deputy Speaker must take before the Chief lustice oF the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule (5) The Deputy Speaker may resign by announcing his or her resignation in person to the National Assembly or. if the National Assembly is not siting. by giving \writien notice to the Speaker ori the absentee ofthe Speaker. (o the Clerk of Parliament 35 2013No. Constervtion oF Zina AxENpatest (NO. 20) 2013 ty Speaker must vacate his or her office— (2) upon ceasing t0 be a Member of the National Assembly: (®) upon becoming the President of the Senate; (©) upon becoming a Vice-President, Minister or Deputy Minister; or (2) if'a resolution for his or her removal from office is passed by at least two-thirds of the total membership ofthe National Assembly. PARTS ‘Tentne oF Mrsners oF PARLIAMENT 128 Oath of Member of Parliament (2) Before a Member of Parliament takes his or her seat in Parliament. the Member must take the oath of a Member of Parlisinent in the form set out inthe Thisd Schedule (2) The oath referred to in subsection (1) must be taken before the Clerk of Parliament 129 Tenure of seat of Member of Parliament (1) The seat of a Member of Parliament becomes vac: a) on the dissolution of Parliamen (b) upon the Member resigning his orher sea by written notice o the President of the Senate orto the Speaker. as the case may be: (c) upon the Member becoming President or a Vice-President: (@) upon the Member becoming President of the Senate or Speaker or a memiber of the other House; (©) if the Member ceases to be qualified for resi (0) if, without leave from the Speuker or the President of the Senate, a the case may be, the Member is absent from the House of which he or she is, ‘a member for twenty-one consecutive days on Which the House sits, and the House concerned resolves by a vote of at least one-half of its total _membership thatthe seat should become vacant; (g)_ if the Member accepts public office or office as 2 member ofa statutory body. government-controlled entity, provincial or metropolitan cour of focal authority or employment as an employee of a statutory body. provincial or metropolitan council or loesl authori (h)_ ifthe Member was public officer ora member or employee ofa statucory body, « government-conirolied entity, provincial or metropolitan coun! fora Joval authority on the date ke or she was declared as Member of Parlismnent, and he or she fails (o relinquish that office, membership or employment within thirty days after that date; (i) ifthe Member is convicted — ration as a voters (i) in Zimbabwe of an offence of which breach of wust. dishonesty of physical violence is an essential element; oF ii) outside Zimbabwe of conduct which, if committed in Zimbabwe. ‘would be an offence of which breach of tris dishonesty or physical violence is an essential element; 56No.l Cesarnenns ot Zivmanwe Ansexpanst (No 20) 2013 and sentenced to imprisonment for six months or more without the option of a fine of without the option of any other non-custodial punishment unless on appeal the Member's conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted: (Dif the Member has been declared insolvent under a law in forve in ‘Zimpsibwe and has not been rehabilitated or discharged.or the Member has made an assignment under sueh a law with his or her ereditors which has not heen rescinded or set asides (k) ifthe Memberhas ceased io belong to the political party of which he or she \was member when electel to Partiament and the political party eoncemed. by written notice o the Speaker or the President of the Senate, asthe case may be, has declared thatthe Menaber has ceased to belong: 10 (Dif he Member, not having been a member of a political pany when he or she was elected to Parliament, becomes a member of a political partys (on) if the Member is certified to be mentally disontered or intellectually handicapped under any law in force in Zimbabwe: or (a) ifthe Member has been convicied of an offence under the Electoral Law and has been declared by te High Court to be disqualified for registration asa voter or from voting at any election (2) A Member referred to in subsection (144) who hs noted an appeal against hisor herconsietion may continue, until the fina determination of the appeal to exereise his or her functions as Member and to receive remuneration as Member. unless a ‘court has ordered that he or she should be detained in prison pending the outcome of the appeal 3)A Member of Parliament who becomes a chairperson of a provincial vouneil ‘vacates the seat whieh he or she held before assuming office as chairperson PARTS rors. ative ayn Orne Powers 130 Powers and functions of Senate and National Assembly (1) Except as provided inthe Fifth Schedule. in the exercise oftheir legislative authority both the Senate and the National Assembly have power w initiate. prepare, consider or reject any legislation, (2) In audition to their functions under this Cé National Assembly m: tunder any law. stitution. the Senate and the tions conferred or imposed on them 131 Acts of Parliament and procedure for their enactment (1) Parliament's legislative authority is exercised through the enactment of Acts of Parliamen (2) An Act of Parliament is a Bill which has been — (a) _ presented in and passed by both Houses of Parliament: and (b) assented to and signed by the Pres in accordance with this Consticution (3) The words ofenaetment in Acts of Parliament ae" and the President of Zimbabwe”, or words (0 that effect snacted by the Parliament 37No.l Coxsti-TIon oF Zinpapwe Axesatast (NO 201 2013 (4) The provedure to be followed by the National Assembly and the Senate \with regard 10 Bills is set out in the Fifth Schedule. (5) Afier Bill hasheen passed by both Housesin aecordanve withthe Fifth Schedule, the President of the Senate or the Speaker. as the ease may be, must without delay — (a) cause it tobe presented to the President forassent and signature. together With any certificate which is required by this Constitution to aceompa the Bill; and (b) give public notice ofthe date on which the Bill was Sent 1o the Presiden. (6) When Bill is presented o the President for assent and signature, he or she must, within twenty-one days. either— (a) assent tot and sign it, and then cause it tobe published in Gazerte without delay: or (b) if he or she considers ito be unconstitutional or has any other reservations ‘about it, refer the Bill back o Parliament through the Clerk of Parliament, logether with detailed written reasons for those reservations and a request thatthe Bill be reconsidered, (7) Where a Bill has been referred back to Parliament in terms of subsection (Oxo), the Speaker must without delay convene a sitting of the National Assembly. which must (a) reconsider the Bill and fully accommodate the President's reservations: or (b) pass the Bill, with or without amendments, by a two-thinds majority of the total metobership of the National Assembly; and in either case the Speaker must cause the Bill o be presented to the President without delay for assent and signature and must give public notice ofthe date on which the Bill sas sent to the President (8) Ifa Bill that has been presented to the President in terms of subseetion (7) fully accommodates the President's reservations. the President must assent to the Bill and sign it within twenty-one days and then cause it to be published in the Gavet without delay, bu i the President still has reservations about the Bill, he or sbe must within that period either — (a) assent to the Bill and sign i, despite those reservations; oF (b) refer the Bill othe Constitutional Court for advice on its constitutionality (9) IFon a reference under subsection (8) the Constitutional Cour advises that the Bill is constitutional. the President must assent to it and sign it immediately and ‘cause it to be published in the Gazerre without delay. (10) Ifa Bills presented to the President for sent and signature and itis not accompanied by a cettficate which is required by any provision of this Constitution, the President must not assent to the Bill or sign it until the certificate is produced but must eause the Clerk of Parliament to be notified, immediately and in writing, that the certificate was not sent with the Bill 132 Commencement of Acts of Parliament An Act of Parliament comes into operation atthe beginning of the day on which is published in the Gazere, oral the beginning of any other day thal may be specificd in the Act or some other enactunen 133 Enrolment of Acts of Parliament (1) When the President has assented 1o and signed an Act of Parliament, the Clerk of Parliament must transmit a fair copy of it, authenticated by the President's seNowt Copsrnenos oF Zesbansr Astexuest (No 20) 2013 ture and the public seal of Zimbabwe, to be enrolled inthe office of the Registrar of the High Court, and that copy is conclusive evidence of the provisions of the Act unless the Act is revised under an Act of Parliament referred to in subsection (2). (2) An Act of Parliament may provide forthe statute law, or any part oF itt0 be published in revised form and may further provide that — (a) upon being published, the revision is the sole authentic version of the statutes contained in i (b) a vopy of the revision must be deposited inthe office of the Registrar of the High Courts and (©) the copy that is deposited in the office of the Registra ofthe High Court ance of the provisions of the statutes contained ini is conclusive {G) The validity of an Act of Parliament or a revision of the statute law does ‘not depend on its enrolment or deposit under this section, 134 Subsidiary legislation Parliament may. in an Act of Parliament, delegate power to make statutory nstruments within the scope of anc! for the purposes laid out in that Act. ut. (a) Parliament's primary law-making power must not be delegated: (b) statutory insiraments must not infringe or limit any of the rights and Freedoms set out in the Declaration of Righis: (c) Statutory instruments must be consistent withthe Act of Parliament under Which they are made; {@) the Act must specify the limits of the power. the nature and scope ofthe ‘atuory instrament that may be made, and the principles and standands applicable tothe statutory instrament: {e) statutory instruments do not have the force of law unless they have hes published in the Gazette; and ( statatory instruments must be laid before the National Assembly in accordance with its Standing Orders and submitted :o the Parliamentary Legal Commitee for sratny. PART? ProceDrge 18 PARlAMENT 135 Head of Parliament (1) The Speaker isthe head of Parliament but must exercise his or her funetions as such subject to Standing Orders, (2) Subject to Standing Orders, ihe President of the Senate isthe deputy head ‘of Parliament and acts as head whenever the Speaker is for any reason unable to do s0. 136 Persons presiding in Parliament (1) The person presiding at any sitting of the Senate must be— (a) the President ofthe Senate or in his or her absence. the Deputy President of the Senate: or (b) in the absence of the President snd Deputy President of the Senate. 3 ‘Senator elected for the purpose by the Senate. but that Senator must not bea Minister or Deputy Minister 0Not Costin tw or Zanmapie AseENoest (No 20) 2013 (2) The person presiding at any sitting of the National Assembly must be— (a) the Speaker or. in his or her absence. the Deputy Speaker; of (b) in the absence of the Speaker and Deputy Speaker, Member of the National Assembly elected for the purpose by the National Assembly. bur that Member must not be a Minister or Deputy Minister. (3) The Speaker, or in his or her absence the President of the S preside at any joint siting of the National Assembly and the Senate, 137 Quorum in Parliament ‘The Senate and the National Assembly must prescribe in Standing Orders the ‘minimum number of Members who must be present for the conduct of business 138 Voting and right of audience in Parliament (1) Except where this Constitution provides otherwise — (a) all questions proposed for decision in either House of Parliament are decided by a majority of the votes of the Members of that House present and voting: (b) the person presiding in either House of Parliament does no: have either a deliberative or casting vote on any issue before the House; (©) if the votes in either House of Parliament are equally divided on any ‘motion. the motion is lost (2) Vice-Presidents are entitled to sit and speak, but not vote, in both Houses, of Parliament (3) Ministers and Deputy Ministers are emtitied to sit and speak in both Houses, of Parliament but have no Fight o vote in a House of whivh they are nox Members. (4) Members of the Parliamentary Legal Committee and any other joint ‘committee of Parliament ate entitled to sit and speak in either House of Parliament for the purpose of introducing or debating any report of that committee which is before the House, but have no right :o vote in a House of which they are not Members, (5) Where a Member of Parliament, other than 4 Minister or Deputy Minister, has introduced a Bill inthe House of whieh he or she is « Member, and the House has passed the Bill. that Member or, in his or her absence, any other Member ofthat House is entitled co sit and speak in the other House for the purpose of conducting the Bill through that other House, but has no right to vote in that other House. 139 Standing Orders (1) The proceedings of the Senate and the National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly fom the recommendation of the Committee on Standing Rules and Orders. (2) Standing Orders may provide for— (a) the passing of Bills; (b) the appoiniment and functions of committees and the delegation of functions to them: (©) the way in which the powers, privileges and immunities of the Houses may be exercised and upheld: (@) the questioning of Ministers and Deputy Ministers by Members of Parliament 0Coser tins oF Zinman Awexosnasr (No. 20) 2013 (e) code of conduct for Members of Parliament: (1) the exercise of the right ofthe public to petition Parliaments and (e) generally, the regulation and orderly conduct of business and proceedings in and between the Houses. (3) The procedures and provesses of Parliament and its vommittees.as provided Standing Orders, must promote transparency. niust encourage the involvement of ‘members ofall political parties in Parliament snd the public. anc! must be far and just. (4) Any committee established by or under Standing Orders must reflect, as closely as possible, the political and gender composition of Parliament or of the House to which the Standing Orders apply. 140 Presidential addresses and messages to Parliament (Cy The President may at any time address either House of Parliament ora joint sitting of both Houses. (2) The President may send messages t either House of Partiament.and any such message must be read by a Vice-President or Minister or by the person presiding over the House concerned (3) The President may attend Parliament to answer questions on any issue as may be provided in Standing Orders. (4) Atleast once x year the President must address a joint sitting of both Houses ‘of Parliament on the state ofthe nationand the Speaker and the President of the Senate ‘must make the necessary arrangements for Parliament to receive such an address. 141 Public access to and involvement in Parliament Parliament must — (2) facilitate public involvement in its legislative and other processes and in the pracesses oF its committees; (b)- ensure that interested parties are consulted about Bills being considered by Parliament, untess such consultation is inappropriate or impracticable: and (©) conduct its business in a transparent manner and hold its sittings. and {hose of its committees. in public, hough measures may be taken (i) to preserve order in parliamentary proceedings: Gi) to regulate public access and is committees: cluding access ofthe media, to Parliament Gil) 10 exclude the public. including the media. from sittings of committees: and (iv) to provide for the searching of persons and, where appropriate, the refusal of entry to Parliament or the removal of any person from Parliamen bout hose measures must be far, reasonable a society haved on openness. justice human di justifiable in ademoerati 'y-equality and freedom. 142 Validity of proceedings in Parliament YA vacancy in the membership of the Senate or the National Assembly. oF the suspension of a Member of Parliament, does not prevent the Senate or the Nations Assembly from transacting its business otNo.l Cossrererion oF Zianure Avsaznussr (No, 20) 2013 (2) The fact that a person who was not entitled to do so sat and voted in the Senate or the National Assembly or otherwise took part in the proceedings ofthe Senate ‘or the National Assembly does not invalidate the proceedings. PARTS Duration, DissoLtTion axb SIrTINGs oF PARLIAMENT 143 Duration and dissolution of Parliament (1) Parliament is elected for a five-year term which runs from the date on which the President-elect is sworn in and assumes office in terms of section 94(1)¢a), ud Parliament stands dissolved at midnight on the day before the first polling day in the next general election called in terms of section 144 (2) The President must by proclamation dissolve Parliament ifthe Senate snd the National Assembly. siting separately, by the votes of atleast two-thirds of the total ‘membership of exch House, have passed resolutions to dissolve. (3) The Presidett may by proclamation dissolve Parliament if the National Assembly hs unreasonably refused o pass an Approptiation Bill referred coins 308. (4) A decision to dissolve Parliament in terms of subsection (3) may, on the application of any Member of Parliament, be set aside on review by the Constitutional Court. (5) An application for the review of « decision to dissolve Parliament must be filed with the Constitutional Court within seven days after the decision was published, and — (a) the Constitutional Court must determine the application within fourteen days afier it was filed: and (bo) pending the Constitutional Court's determination of the application, the Aecision to dissolve Parliament is suspended. 144 General election resulting from dissolution of Parliament (1) Where Parliament has not earlier passed resolutions to dissolve in terms of section 143(2), the President must by proclamation call and set dates for a general election to be held within the period prescribed in section 158, (2) Where~ (a) Parliament has passed resolutions o dissolve in terms of section 143(2): (b) the President has dissolved Parliament in terms of section 14303); (©) the President has dissolved Partiam in terms of section 10944); or (a) Parliament stands dissolved following a vote of no confidence in terms of section 10915): the President must by proclamation call and set dates for general election to be held not more than ninety days after Partiament passed the resolutions or the President Uissolved Parliament or Purliament stood dissolved, as the case may be (3) The dates fora general election called in erm of subsection (1) or 2) must bie fixed by the President after consultation with the Zimbabwe Hlectoral Commission {following a vote of no confidenceHest (No. 20 2013 No.t Cossrererios oF Zinman At 145 First sitting of Parliament following general election (a) The first siting of Parliament after a general election must take place at a time and date determined by the President. bot the date must not be later than thirty days after the President elect assumes office in terms of section 94, (2) Until the election of a President of the Senate or a Speaker. as the ease may boc, the first meeting of a House of Parliament must be presided over by the Cleck of Parliament 146 Sittings and recess periods Each House of Parliament determines the time and duration ofits sti ‘than its frst sitting, and its periods of recess, but— other (a) the President may summon Parliament at any time 10 conduct special business: (b) no more than one hundred and eighty days may elapse between the sitings ofa House 147 Lapsing of Bills, motions, petitions and other business on dissolution of Parliament On the dissolution of Parliament, all proceedings pending at the time ate terminated and every Bill, motion, petition and other business lapses. PARTS Goser yt Marrexs RE arte To PARLIAMENT 148 Privileges and immunities of Parliament (1) The President of the Senate. the Speaker and Members of Parliament have freedom of speech in Parliament and in all parliamentary commitees and. while they must obey the rules and orders of the House concemed, they are not liable to civil oF criminal proceedings. rest or inprisonment or damages for anything std in. produced before or submitted 19 Partiament or any of its commits. 2) An Act of Perliament may — (8) provide for other privileges. immunit its Members and officers; sand powers of Parliament and (b)- define conduct whieh constitutes contempt of Parliament. whether ‘commited by Members of Parliament or other people: an (©) provide for a right of reply, through the Speaker or the President of the Senate.as the case may be, for persons who are unjustly injured by what sout them in Parliament; but no such Act may permit Parliament or its Members oF officers to impose any punishment in the nature of a criminal penalty, other than a fine, for breach of privilege fr contempt of Parliament. 149 Right to petition Parliament (1) Every citizen and permanent resident of Ziniabyve has a right w petition Parliament to consider any matter within its authority, including the enactment, amendment oF repeal of legisla (2) The manner in which petitions ae to he presented to Parliament and the tion that Parliament i 1 take on presentation ofa petition, must be prescribed Standing Onders. 6Not Cossreton: oF Zinaaniee AgNDaNEST (No 20) 2013 150 Venue of Parliament Parliament may sit al places other than the ordinary seat of Parliamy ‘on grounds of public interest, security or convenience 151 Committee on Standing Rules and Orders (1) Parliament must appoint a committee to be known as the Committee on Standing Rules and Orders forthe purpose of — (a) supervising the administration of Pariiaments (b) formutating Standing Orders: (€) considering and deviding all matters conceming Parliament; and (d)_ exercising any other functions that may be conferred or imposed on the ‘committee by this Constitution or by Standing Orders or any other la (2) The Committee on Standing Rules und Orders must consist of the Speaker ‘and the President of the Senate and the following Members of Parliament — (a) the Deputy Speaker: () the Deputy President of the Senate: (c) the Minister responsible for finance and two other Ministers appointed by the President; (@) the Leader of Government Business in each House: (©) the Leader of the Opposition in each House: (1) the chief wisips ofall the political parties represented in each House: (g) the President of the National Council of Chiefs: (h) two Members who are not Ministers or Deputy Ministers. one being 2 ‘Senator appointed to the committee by the President of the Senate and fone being a Member of the National Assembly appointed by the Speaker: sand i) eight Members who are not Ministers or Deputy Ministers. four being elected to the committee by the Senate and four being elected by the [National Assembly (3) Members: must be appointed or elected 10 the Committee on Standing Rules and Orders as soon as possible after the beginning of the first session of each Parfiament, and they must be selected so that the committee reflects as nearly as possible the political and gender composition of the combined Houses of Parlianient (4) The Committee on Standing Rules and Orders is appointed for the lie of ceach Parliament (5) The Committee on Standing Rules and Orders is chaired by the Speaker or. in his or her absence. by the President of the Senate, (6) The procedure to be followed by the Committee on Standing Rules snd ‘Orders must be prescribed in Standing Orders. (7) Whenever vacancy oceuts in the Committee on Standing Rules and Orders 1a Member must be elected or appointed, as the ease miay be, as soon as possible to fill the vacancy. 152 Parliamentary Legal Committee (2) As soon as practicable after the beginning of each session of Parliament. the Committee on Standing Rules and Orders must appoint a committee tobe known as the Parliamentary Legal Commitee. consisting ofa! least three Memipers of Parliament who are not Ministers or Deputy Ministers otNot Coss rion oF Zinman: AMESESHENT (NO. 20) 2013 (2) A majority of the members of the Parliamentary Legal Committee must be qualified fo practise in Zimbabwe as legal practitioners unless there are insufficie such persons eliginle to be appointed to the Committe. (3) The Parliamentary Legal Commitee must examine — (2) every Bill other than a Constitutional Bill, before it receives its final vote in the Senate or the National Assembly; (b) any Bill which has been amended after being examined by the Committe. before the Bill receives its final vote in the Senatc or the National Assembly: (©) every statutory instrument published in the Gazerte, (a) every draft Bill which has heen referred to the Committee hy 2 Viee= President or a Minister; and (e) every deaf statutory instrument which as been referred to the Committee by the authority empowered to make the instrument: ‘and must report to Parliament or to the Vice-President, Minister or authority, a the cease may be, whether it considers any provision in the Bill, siautory instrument or raft contravenes or, ifenacied, would contravene any provision of this Constitution, (4) Afterexamining any statutory instrument or draft staxutory instrument the Parfiamentary Legal Committee must report 10 Parliament or to the Vice-President. Minister or authority concerned whether it considers any provision in the instrament is or. iFenacted, would be wlra vires the enabling Act of Parliament, (5) An Act of Parliament of Standing Orders may confer further fu the Parliamentary Legal Committee. 153 RemunerationofPresidentof Senate, Speaker andMembersof Parliament (1) The remuneration of the Speaker and the President ofthe Senate — (a) must be prescribed in an Act of Parliament and is a charge on the Consolidated Revenue Fund (b) -nuust not be reduced while they hold offiee, and (©) must continue to be paid to them afer a dissolution until they vease to hold office (2) The remuneration paid to Members of Parliament must be prescribed under an Act of Parliament, 154 Clerk of Parliament and other statf (1) The Commitee on Standing Rules and Orders, with the approval of the ational \ssembly, must appoint an officer to be known as the Clerk of Parliament to be responsible, subject to Standing Orders and to the control and supervision of the Speaker, for he day-to-lay administration of Parliament. (2) The Clerk of Parliament is appointed for a si pointed for one further such term. year term. and may he re- (3) Phe Clerk of Parliament must vacate his or her office ~ (a) fon the revommendation of the Committe on Standing Rules and Onlers. more thar halfof all the Members ofthe National Assembly resolve that the Clerk should be removed: (h) if the Clerk would be required to vacate ‘Member of Parliament; or is or her seat were he or she & 65Now! Cost renion 0 Zisaanvar AmoubseNt (Ne, 20) 2013 (©) _imany event, after holding office as Clerk for wwelve years (4) The Committee on Standing Rules and Orders must appoint such other staff of Parliament as it considers necessary. (5) The Clerk of Parliament and the other staf of Parliament — (a) are appointed on terms of service approved from time to time by the Committee on Standing Rules and Orders: and (©) are public officers but do not form part ofthe Csi Service. CHAPTER 7 PART | 155 Principles of electoral system. (1) Elections, which must be held regularly, and referendums. to which this Constitution applies must be— (a) peaceful, free and fair: {b) conducted by secret ballot; (e) based on universal adult suffrage and equality of votes; and (6) Tree from violence and other elevtorat malpractices. (2) The State must take all appropriate measures. including legislative measures, t0 ensure that effect is given tothe principles set out in subsection (1) and in particular. mast— (2) ensure that al eligible citizens, that isto say the citizens qualified under the Fourth Schedule, are registered as voters (b)_ ensure that every citizen Who iseligible fo vote inan election or referendum, has an opportunity to east a vote, and must facilitate voting by persons. ‘with disabilities or special needs; (c) ensure that all political parties and candidates contesting an election or paricipating in a referendum have reasonable aceess to all material and information necessary for chem to participate effectively: (8) provide all political panties and candidates contesting an election oF participating in a referendum with (air and equal access to electronic and print media, both public and private; and (e) ensure the timely resolution of electoral disputes. 156 Conduct of elections and referendums Atevery election and referendum, the Zimbabwe Electoral Commission must censure that — (a) whatever voting method is used, iis simple, accurate, verifiable, secure and transparent: (b) the results ofthe election or referendum are announced as soon us possible after the close of the polls; and (©) appropriate systems and mechanisms ave pat in pla (i) teliminate electoral violence aud other electoral malpractices: and Gi to ensure the safekeeping of electoral materials. 66No.t Cosstutios oF Zinta Avene (No 20) 2013 157 Electoral Law (1) An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies. and in particular for the following matters — (2) _the periodie delimitation of constituencies and wards in aecordance with section 161; (b) the registration of voters, and requirements For registration on particular voters rolls: (©) a code of conduct for political panies, participating in elections or referendums; (G)_asystemof proportional representation forthe election of persons to the seats in the Senate referred to in section {20(1 Xa) and the seats reserved for women in the National Assembly referred 10 in section 124(1 Kb). ane the procedure for filling vacancies i thove seats, which vacancies must be filled by persous— (i) elonging to the same political parties as those who previously held the seats: and Uii)_of the same gender as the persons who previously held the seals: (¢) the election of representatives of persons with disabilities under section 120(1}¢@: (1) the conduct ofetections to provine! authorities; {e) challenges to election results (2) The system of proportional representation provided for in term of subsection (AX@) must ensure equal representation of women among the Senators referred £0 int section 120(1 Ka) (3) The Electoral Law must provide for the nomination of candidates in any lection to take place at least fourteen days after the publication of the proclamation calling for that election. Polling must take place atleast thirty days after the nomination of candidates. indidates and other persons, and metropolitan councils and local (4) No amendments may be made to the Electoral Law, oF to any subsidiary legislation made under that law. unless the Zimbabwe Electoral Commission has been consulted and any recommendations made by the Commission have been duly considered (5) After an election has been called, no change to the Electoral Law of 10 any other law relating (0 elections has effect forthe purpose of tht election. PART2 Traine of Eteerions 158 Timing of elections (1A general election must be held so that polling takes place not more than — (2) thirty days before the expiry of the five-year period specified in section 143 (b) Where Parliament has passed resolutions to dissolve in terms of section 14302). ninety days after the passing of the last such resolution: o (©) where Parliament is dissolved in enn of seetion 1094) oF (5) following a vote of to confidence. ninety days after the dissofution. 2) General elections 10 local authorities must take place concurently with presidential and parliamentary general elections orNot Const tos oF ZaMABNE ANE west (No 201 2018 (3) Polling in by-elections to Parliament and local authorities must take place within ninety days after the vacancies occurred unless the vacancies occur within nine months before 2 general election is due to be held, in which event the vavancies may romain unfilled until the general election, 158 Filling of electoral vacancies Whenever a vacancy oceurs in any elective public office established in terms of {his Constitution, other than an office to which section 158 applies, the authority charged ‘with organising elections to that body must cause an election to be held within ninety days to fil the vacaney PART3 Drtastration oF EecroRal. BOUNDARIES 160 Number of constituencies and wards (1) For the purpose of electing Members of Parliament, the Zimbabwe Electoral Commission mast divide Zimbabwe into two hundred and ten constituencies. (2) For the purpose of elections to local authorities, the Zimbabwe Electoral Commission must divide local authority areas into wards according to the number oF members to he elected to the local authorities concerned. 161 Delimitation of electoral boundaries (1) Once every ten years, on a date or within a perio fixed by the Commission so 880 fall ay soon as possible after a population census. the Zimbabwe Electoral Com- mission must conduct a delimitation ofthe electoral houndaries into which Zimbabwe is wo be divided. (2) 1F adetimritation of electoral boundaries is completed less than six months before polling day in a general election, the boundaries so delimited do not apply 10 that election, and instead the boundaries that existed immediately before the delimita~ tion are applicable, (3) The boundaries of constituencies must be such that. so far as possible, at the time of delimitation equal numbers of voters are registered in each constituency ‘within Zimbabwe. (4) The boundaries of wards must be such that, so far as possible. at the time of delimitation equal numbers of voters are registered in each ward ofthe local authority concemed. (5) In delimiting — (a) the bounsiaries of wards, the Zimbabwe Electoral Commission must ensure that no ward is divided between two or more local authority areas: () the boundaries of constituencies, the Zimbabwe Electoral Commission must ensure tha no Ward is divided between 1Wo or more constituencies. (6) In dividing Zimbabwe into wards and constituencies, the Zimbabwe Electoral Commission mus, in respect of any area. give due consideration 10. (a) ity physical features; (b) the means of communication within the areas (©) the geographical distribution of registered voters: (a) any community of interest as between registered voters: (e) inthe case of any delimitation after te frst delimitation, exist boundaries: and (0) its population;No.l Costa rios oF Zinman AvtsEssr (No 20) and (0 give effect to these considerations. the Commission may depart from the requirement that constituencies and wards must have equal numbers of voters. but hho constituency or ward of the local authority concemed may have more than «wenty per cent more or fewer registered voters than the olher such constituencies or wards. (7) After delimiting wards and constituencies, the Zimbabwe Electoral Com- ‘mission must submit to the President a preliminary report containing ~ (a) alist of the wards and constitencies, with the names assigned to each and « description of their boundaries: ¢b) a. mop oF maps showing the wards and constituencies: and (©) any further information or particulars which the Commission considers nevessary and the President must caus Partiament within seven days. the preliminary delimitation report to be laid before 8) Within fourteen days after a preliminary delimitation report has been laid before Parliament— (a) the President may refer the report back to the Zimbabwe Electoral Commission for further consideration of any mater or issue: (h)_ either House may resolve that the report should be referred back to the Zimbabwe Electoral Commission for further consideration of any matter fr issue, and in that event the President must refer the report hack to the Commission for that farther consideration, (9) Where a preliminary delimitation report has been referred hack to it under subsection (8), the Zimbabwe Electoral Commission must give further consideration to the matter or isste concerted, but the Commission's decision on itis final (10) As soon as possible afier complying with subsections (7) and (9), the Zimbabwe Electoral Commission must submit a final delimitation report 10 the President (11) Within fourteen daysafter receiving the Zimbabwe Electoral Commission's U report, the President must publish a proclamation in the Gazerre declaring the nes and boundaries of the wands and constituencies as finally determined by the Commission, (12) If there is « diserepancy between the description of the boundaries of any ward or constituency and the inap or maps prepared by the Zimbabwe Electoral Commission, the description prevails. CHAPTER 8 “Tur. Seoictaay ann Tur Cons PARTI “Tur Cover Sysrew 162 Judicial authority Judicial authority derives from the people of Zimbabwe and ‘which comprise — (a) the Constitutional Cour; (b) the Supreme Count; (e) the High Coun: (@) the Labour Coun; vested in the couns, 2013Constr nes oF Zawoanwe AseNDsET (No 20) 2013 (¢) the Administrative Court: (Othe magistrates courts: (g) the customary law courts; and (hy other courts established by or under an Act of Parl 163 The judiciary (1) The judiciary of Zimbabwe consists of — (a) the Chief Justice, the Deputy Chief Justice and the other judges of the Constitutional Court; (b) the judges of the Supreme Court: (6) the Judge President of the High Court and the other judges of that court; (@) the Judge President of the Labour Court and the other judges ofthat court; (@) the Judge President of the Administrative Court and the other judges of that court: and (1) _ persons presiding over magistrates courts, customary law courts and other ‘cours established by or under an Act of Parliament. (2) The Chief Justice is head of the judiciary and isin charge of the Constitu- tional Court and the Supreme Court. (3) The Judge President ofthe Fligh Court isin charge of that court, (4) The Judge President of the Labour Cour is in charge of that court (5) The Judge President of the Administrative Court is in charge of that court. 164 Independence of judiciary (1) The courts are independent and are subject only to this Constitution and the law, whieh they must apply impartially, expeditiously and without fear. favour ot prejudice (2) The independence. impartiality and effectiveness of the courts are central to the rule of law and democratic govemance.and therefore — (a) neither the State nor any institution or agency of the government at any level, and no other person. may interfere with the functioning of the couns; (b) the State, rough legislative and other measures, must assist and protect the courts to ensure theirindependence, impartiality dignity. accessibility and effectiveness and to ensure that they comply with the prineiples set out in section 165, (3) An order or decision of @ court binds the State and all persons and govemmental institutions and agencies to which it applies. and must be obeyed by them. (4) Nothing inthis seetion isto be construed 2s preventing an Act of Parliament from vesting functions other than adjudicating functions ia a member of the judiciary. provided that the exercise of those functions does not compromise the independence ‘ofthe judicial officer converned in the performance of his or her judicial functions and ‘does not compromise the independence of the judiciary in general 165 Principles guiding judiciary (1) In exercising judicial authority, members ofthe judiciary must be guided bay the following principles — (a) justice must be done to all. imespective of status: »Not ‘Coser oF Zinmanse Awseaest (No 20) 2013 (b) justice must not be delayed. and to that end members ofthe judiciary must, perform their judicial duties ficiently and with reasonable promptness (©) the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law. (2) Members of the judiciary, individually and collectively, must respect and honour theie judicial office asa public trust and must strive to enhance their indeper cence in order to inaintain publie confidence in the judicial system. (3) When making a judicial decision, a member of the judiciary must make it Freely and without interference or undue influence (4) Members of the judiciary must not— (a) engage in any political activities: (b)_ hold office in or be members of any political organisation. (©) solicit funds for or contribute towards any political organisation: or {¢)_ attend political meetings. (5) Members of the judiciary must not solicit or accept any gift, bequest, loan fr Favour that may influence their judicial conduct or give the appearance of judicial impropriety (6) Members of the judiciary must give their judicial duties precedence over al, other aetivities. and must noi engage in any activities Which interfere With orcompromise their judicial duties. (7) Members ofthe judiciary must take reasonable steps io maintain and enhance their professional knowledge, skills and personal qualities, and in particular must keep themselves abreust of developments in domestic and international la. 166 Constitutional Court (2) The Constitutional Court is superior court of record and consists of — (a) the Chief Justice and the Deputy Chief Justice: and (b)_ five other judges of the Constitutional Court; (2) I the services of an acting judge are required on the Constitutional Court for limited period, the Chief Justice may appoint a judge or a former judge to act as judge of the Constitutional Court For that period (3) Cases before the Constitutional Court — (a) concerning alleged infringements of «fundamental human tight or freedom ensbrined in Chapter 4, or conceming the election of a President or Vice- Presiden, must be heard by all the judges of the Court: (6) other than cases referred to in paragraph (2). must be heard by at least tree judges of the Cour: but an Act of Parliament or rules of the Court may provide for interlocutory matters to be heard by one or more juulges of the Cour. (4) Judges or former judges appointed to act under subsection (2) may continue 10 Sic as judges of the Constitutional Coun after their appointments have expited, for the purpose of dealing with any proceedings commenced before them while they were sovacting. 167 Jurisdiction of Constitutional Court (1) The Constitutional Court (a) isthe highest court in all constitu "matters bind all other courts: 7 nal matters, and its decisions on thoseNot NerTUTION oF ZiswaBwe Awtesmun (No 20) 2013 (b) decides only constitutional matters and issues connected with decisions ‘on constitutional matters. in particular references and applications under section 131(8}(b) and paragraph 9(2) ofthe Fifth Schedule: and (©) makes the final decision whether a matter is a constitutional matter oF ‘whether an issue is connected with a decision on a constitutional matter: (2) Subject to this Constitution, only the Constitutional Court may ~ (a) advise on the constitutionalty of any proposed legislation, so only where the legislation concemed has been referred t of this Constitution; (b)_hearand determine disputes relating to election tothe office of President (©) hearand determine disputes relating to whether ornota person is qualified to hold the office of Vice-President; or (@)_ determine whether Parliament or the President has failed to fil a constitutional obligation, (3) The Constitutional Court makes the final decision whether an Aet of Par- liament or conduct of the President or Parliament is constitutional, and must confirm utional invalidity made by another court before that order has any (4) An Act of Parliament may provide for the exercise of jurisdiction by the iutional Coun and for that purpose may confer the powerto make rules of court. (3) Rules of the Constitutional Court must allow a person, when it isin the interests of justice and with or without leave of the Constitutional Coun — (a) 10 bring a constitutional matter directly o the Constitutional Court; (b) 10 appeal divecty to the Constitutions! Court from any other cour (e) ‘appear as a friend of the court 168 Supreme Court (2) The Supreme Coun isa superior court of record and consists of (a) the Chief Justice and the Deputy Chief Justice; (b) no fewer than wo other judges of the Supreme Court; and (©) any additional judges appointed under subsection (2), (2) Ifthe services of an additional judge are required on the Supreme Court for «limited period. the Chief Justice may appoint a judge of the High Court, or a former judge to act as a judge of the Supreme Count for that period. (3) Judges or former judges appointed to aet under subsection (2) may continue lo sit as judges of the Supreme Court afler their appointments have expired, for the purpose of dealing with any proceedings commenced before them whil acting. 169 Jurisdiction of Supreme Court (1) The Supreme Court is the final court of appeal for Zimbabwe, except in rmatiers over which the Constitutional Court as jorisdiction (2) Subject to subsection (1), an Act of Parliament may confer additional ju- risdiction and powers on the Supreme Cour. (3) An Act of Parliament may provide for the exercise of jurisdiction by the Supreme Court and for that purpose may confer the power to make rules of cour. nNo. Coster tos oF Zanmanive AMENDMRas® (No 20) 2013 (4) Rules of cour: may confer on a registrar of the Supreme Coun any of the ‘Coun’s jurisdiction and powers in civil cases— (a) to make orders in uncontested cases, other than orders the custody or guardianship of children: (b) 10 decide preliminary or interlocutory matters, including applications for directions, but not matters affecting the liberty of any person: but the rules must give any person affected by the registrar's onder or decision a right lohave it reviewed by a judge of the Supreme Court, who may confirm it,amend it or ‘set it aside oF give any other order oF decision he or she thinks fit fecting status oF 170 High Court The High Court is a superior court of record and consists of — (a) the Chief Sustice, the Deputy Chief Justice and the Judge President of the High Court; and (b) such other judges of the High Court as may be appointed from time to time. 171 Jurisdiction of High Court (2) The High Court— (2) bas original jurisdiction over all civil and criminal matters throughout Zimbabwe: (b)_ bas jurisdiction to supervise magistrates courts and other subordinate ‘cours and to review their decisions: (©) may decide constiutional matiers exceps thoxe that only the Constitutional Court may decide: and (a) bas such appellate jurisdiction as may be conferred on it by an Act of Parliament. (2) An Act of Parliament may provide for the exercise of jurisdiction by the High Court and for that purpose may confer the power 10 make rules of court (3) An Act of Parliament may provide for the High Court to be divided into specialised divisions. but every such division must be able to exercise the general jurisdiction of the High Court in any matter that is brought hetore it (4) Rules of court may confer on a registrar of the High Court power in civil (a) to make orders in uncontested cases, other than orders affecting status or the custody or guardianship of children (b) to decide preliminary or interlocutory matters, including appli rections, but not matters affecting the liberty of any person: tions for bur the rales must give any person affected by the registrar's onder or decision a right tohave it viewed by a judge of the High Court, who may confirm it, amend itor set it aside or give any other order or decision he or she thinks fit, 172 Labour Court (1) The Labour Court is a cour of record and consists of — (a) a Judge President: and nNow SUNTION oF Zonpamuse AmESPAEST (No. 20) 2013 (hb) sueh other judges of the Labour Coun as may be appointed from tinte to time. (2)The Labour Court as such jurisdiction over matters of labour and employ- ment as may be conferred upon it hy an Act of Parliament. (3) An Act of Parliament may provide for the exercise of jurisdiction by the Labour Court and for that purpose may confer the power to make rules of cour 173 Administrative Court (2) The Administrative Count is a court of record and consists of (a) aJudge President: and (b) such other judges of the Administrative Court as may be appointed from time to time. (2) The Administrative Court has such jurisdiction over administrative matters as may be vonferred upon it by an Act of Parliament. (3) An Act of Parliament may provide for the exercise of jurisdiction by the Administrative Court and for that purpose may confer the power to make rules of court. 174 Other courts and tribunals An Act of Parliament may provide for the establishment, composition and jurisdiction of — (2) magistrates courts, to adjudicate on civil andl criminal cases: (b) customary law courts whose jurisdiction consists pri pplication of customary law; ily in the (©) other courts subordinate tothe High Court; and (G) tribunals for arbitration mediation and other forms of alternative dispute resolution, 175 Powers of courts in constitutional matters (1) Where a court makes an order concerning the constitutional invalidity of ‘any law of any conduct of the President or Parliament the order has no force unless it is confirmed by the Constitutional Court (2) A court which makes an order of constitutional invalidity referred to in subsection (1) may grant temporary interdict or other temporary reliel wa pay, oF ‘may adjourn the proceedings, pending a decision of the Constitutional Court on the validity ofthe law or conduct concerned, @) Any person with a sufficient interest may appeal. or apply, directly 0 the (Constitutional Court to confirm or vary an order concemming constitutional validity by ‘court in terns of subsection (1). (4) Ia constitutional matterarises in any proceedings before a cour.the person presiding over that count may and. ifs0 requested by any party tothe proceedings, must refer the matter to the Constitutional Cour: unless he or she considers the request is metely frivolous or vexatious. (5) An Act of Parliament or rules of court must provide for the reference to the Constitutional Coun of an onder concerning constitutional invalidity made in terms of subsection (1) by a coum other than the Constiutional Cour. ™Not Consrertios o Zanmaee AueNeatst (No 20) (6) When deciding « constitutional matter within its jurisdiction a cour, may— sistent with the Constitation declare that any faw or conduct that is inet is invalid to the extent of the inconsistency: (b) make any order that i just and equitable, including an order limiting the retrospective effect ofthe declaration of invalidity and an onder suspecding conditionally of unconditionally the declaration of invalidity for any Period to allow the competent authority to vorreet the defect. 176 Inherent powers of Constitutional Court, Supreme Court and High Court The Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common las or the ‘customary law, taking into aecount the interests of justive and the provisions of this Consttation, PaRT2 ApporsTMeNt aN TENURE oF MrMmERS oF JepIctARY 177 Qualifications of judges of Constitutional Court (1) A person is qualified for appointn Court if he or she is a Zimbabwean citizen, is at le Anowledge of constitutional [aw and, in addition qualifications (a) he or she has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common faw is Roman-Duteh ‘oF English, and English isan officially recognised tanguage: oF as a judge of the Constitutional 1 forty years old and has a soured possesses one of the following (b) fort least twelve years, whether continvously or not, he or she has heen qualified to practise as a legal practitioner (in Zimbabwe: or Gi) in country in which the common law is Roman-Dutch or English and English isan officially recognised language: and is currently so qualified to practise. (2) To be appointed as a judge of the Constivutional Cour person must be st fit and proper person to hold office as a judge. 178 Qualifications of judges of Supreme Court (1).\ person is qualified for appointment as a judge of the Supreme Court i he or she is Zimbabwean citizen and at last forty years old and. in addition — (a) is oF has been a judge of « court with unlimited jurisdiction criminal matters in a country in which the common law is Roman-Duteh ‘or English and Bglish is an officially recognised language: or (b) for atleast ten years, whether continuously oF not, he or she has been _qualified to practise as a legal practitione! iin Zimbabwe: oF Gi)_ in couniry in which the common law is Roman-Duteh or English and English isan officially recognised language; and is currently so qualified to practise 75 il orNo.t Consren os oF sna AMENDNENT (No 204 2013 bea fitan (2) To be appointed as.a judge of the Supreme Court a person m proper person 10 hold office ay a judge. 179 Qualifications of judges of High Court, Labour Court and Administrative Court (DA person is qualified for appointment as a judge of the High Cour, the Labour Court or the Administrative Court ifhe or she is atleast fory years old and. in addition (a) is or has been a judge of a court with unlimited jurisdiction in civil or

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