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 the existing Constitution is repealed and substi tuted by the new Constitution, (2) Forthe avoidance of doubs it dectared that — {@) the new Constitution is enacted on the “publication day” as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