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10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

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O Level Revision : History - The Constitution of Zimbabwe
A constitution is a system of laws and principles, usually written down, according to which a country or organisation is governed. The initial O Level Revision : Shona - Zvirungamutauro
- Tsumo (https://zimsake.co.zw/notes/o-
Constitution of Zimbabwe was developed from the Independence Constitution.
level-revision-shona-zvirungamutauro-
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Background to the Constitution
- Madimikira
(https://zimsake.co.zw/notes/o-level-
revision-shona-zvirungamutauro-
(https://zimsake.co.zw/notes/o-
It was drafted and signed in London at the Lancaster House Conference held between September and December 1979.
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

There were three delegations to the Conference: level-revision-shona- madimikira)


zvirungamutauro-madimikira) zimsake
- The British delegation led by Lord Carrington who was the chairman of the Conference and the British Foreign Secretary. (https://zimsake.co.zw/notes/profile/zimsake)
 Apr 22, 2021  2  4004
- The Zimbabwe-Rhodesia delegation led by Bishop Muzorewa which included Ian Smith and his team.
O Level Revision : Shona - Zvirungamutauro
- The Patriotic Front delegation which was jointly led by Robert Mugabe and Joshua Nkomo.
(https://zimsake.co.zw/notes/o-level-
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Over the years this Constitution underwent a number of amendments.
zimsake
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A new Constitution of Zimbabwe was later developed and came into effect in 2013. (https://zimsake.co.zw/notes/profile/zimsake)
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Purpose/Functions of the constitution

OUR PICKS

The constitution is the supreme law of a nation.


Stipulates how a nation must be run. (https://zimsake.co.zw/notes/o-level-notes/o-level-combined-science)
O level Combined Science

Stipulates who qualifies to be a citizen and how one loses that citizenship.

Gives guidelines on how to run the state.


Outlines the powers of the different arms of government – the Executive, Legislature and Judiciary.
Defines the powers of security institutions – the army, police, prison service.

Protects citizens from abuse.


Protects people’s fundamental freedoms and rights.
Regulates political processes.
Gives legitimacy to a government.

Sections of the Constitution of Zimbabwe (https://zimsake.co.zw/notes/o-level-revision-combined-science-plant-


nutrition)

O Level Revision : Combined Science - Plant Nutrition


The supreme law (https://zimsake.co.zw/notes/o-level-revision-combined-
science-plant-nutrition)
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The constitution is the supreme law / highest or most important law of Zimbabwe.  2232

All laws must agree with it.


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O level Combined Science
Any other law that does not agree with it is null and void (invalid). (https://zimsake.co.zw/notes/o-level-revision-combined-science-science-in-
structures-and-mechanical-systems-machines)
Anything that agrees with the constitution is lawful and constitutional and anything that does not agree with the constitution is unlawful
and unconstitutional.

Citizenship
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

A citizen is a member of a country, state or nation.


A citizen gives full loyalty, owes allegiance, pledges to defend the country against enemies and to serve it at all times.
A citizen expects to get protection, food, education and employment from his/her country.

A person’s citizenship is his/her nationality.


Citizenship gives a person his/her duties, responsibilities, rights and privileges.

All citizens are equally entitled to:

- protection by the State;

- passports and other travel documents;

- birth certificates and other identity documents issued by the state. O Level Revision : Combined Science - Science in Struc...
The Constitution spells out conditions: (https://zimsake.co.zw/notes/o-level-revision-combined-
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- to be a Zimbabwean citizen with full rights; machines)
- for one to lose citizenship. zimsake (https://zimsake.co.zw/notes/profile/zimsake)  Aug 7, 2023  0
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A Citizenship and Immigration Board must be established by Parliament to deal with matters of citizenship and work permits.
Zimbabwean citizenship is by birth, descent or registration. (https://zimsake.co.zw/notes/o-level-notes/o-level-combined-science)
O level Combined Science

(a) Citizenship by birth

Citizens by birth are persons:

- who are born in Zimbabwe by a mother or a father who was a Zimbabwean citizen or any of their grandparents was a Zimbabwean citizen by
birth or descent; or

- who if born outside Zimbabwe, either of their parents was a Zimbabwean citizen and ordinarily resident in Zimbabwe but working outside
the country for the State or international organisation; or
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10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

- who, when found in Zimbabwe, are children under the age of 15 years and their nationality and parents are known;

- who were born in Zimbabwe before coming into force of this Constitution and one or both of their parents was a citizen of a country which is
a member of the Southern African Development Community and was ordinarily resident in Zimbabwe.

Dual citizenship is automatically permitted in respect of Zimbabweans by birth. Only minors can have dual citizenship but must make
a choice of which citizenship to keep within one year of turning 18 years old.
Citizenship by birth may be revoked if it was acquired by:

- fraud;

- false representation; or

- concealment of a material fact. O Level Revision : O Level Revision : Combined Scienc...


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(b) Citizenship by descent zimsake (https://zimsake.co.zw/notes/profile/zimsake)  Aug 7, 2023  0
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A person born outside Zimbabwe can become a Zimbabwean citizen:
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- if born of either a mother or father who was a Zimbabwean citizen by birth or descent and their birth is registered in Zimbabwe; or O level Combined Science

- any of their grandparents was a Zimbabwean citizen by birth or descent and their birth is registered in Zimbabwe.

A law may prohibit dual citizenship in respect of citizens by descent.

(c) Citizenship by registration

Citizens by registration are persons who, on application, have been granted Zimbabwean citizenship. Registration can be by:

- marriage: when a foreigner marries a Zimbabwean citizen;

- adoption: when a Zimbabwean citizen adopts a child;

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O Level Revision : Combined Science - Science in Indus...


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- a person who has stayed in Zimbabwe continuously for five years.


10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

Citizenship by registration can be withdrawn if: O level Notes (https://zimsake.co.zw/notes/o-level-notes) (340)

- it was acquired by fraud; O level Sociology (https://zimsake.co.zw/notes/o-level-notes/o-level-


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- it was acquired by false representation;
O level Agriculture (https://zimsake.co.zw/notes/o-level-notes/o-level-
- it was acquired by concealment of material fact; or agriculture) (40)

- the person trades, communicates, assists or associates with a business that assisted an enemy of Zimbabwe during a war. O level Geography (https://zimsake.co.zw/notes/o-level-notes/o-level-
geography) (32)
A law may prohibit dual citizenship in respect of citizens by registration.
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Citizenship may not be revoked if the person concerned would become stateless. commerce) (18)

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Declaration of Rights
history) (27)

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Every person and the State are bound by the Declaration of Rights.
O level Food Technology Design (https://zimsake.co.zw/notes/o-level-
Everyone in Zimbabwe is entitled to enjoy the fundamental rights and freedoms of the individual whatever his/her race, tribe, sex, place
notes/o-level-food-technology-design) (23)
of origin, political opinions, colour of skin and creed (religious beliefs).
O level Integrated Science (https://zimsake.co.zw/notes/o-level-
Rights come with responsibilities.
notes/o-level-integrated-science) (19)
The individual must respect the rights and freedoms of others and abide by the Constitution of Zimbabwe.
The Constitution gives everyone protection to these rights and freedoms. O level Combined Science (https://zimsake.co.zw/notes/o-level-
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Rights are not absolute. They can be limited so that when you enjoy your rights and freedoms you do not violate other people’s rights and
freedoms. O level Computer Science (https://zimsake.co.zw/notes/o-level-
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All democratic countries have Declaration of Rights in their constitutions.
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Most wars fought were based on violation of people’s rights.
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O level Shona (https://zimsake.co.zw/notes/o-level-notes/o-level-


Every person has a right to life but: shona) (29)

- the law may permit the death penalty for murder in aggravating circumstances; O level Accounts (https://zimsake.co.zw/notes/o-level-notes/o-level-
accounts) (22)
- the death penalty may not be imposed on a person who was less than 21 years or more than 70 years when the offence was committed;
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PAST EXAM PAPERS (https://zimsake.co.zw/notes/past-exam-papers)


(1311)

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- the right of the unborn child is protected. Primary Schools In S.A (https://zimsake.co.zw/notes/school-
directory/primary-schools-in-sa) (0)
Abortion is prohibited by law.
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Every person has a right to personal liberty and may not be detained without trial. directory/secondary-schools-in-sa) (0)
A person who has been arrested or detained must:
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- be informed of the reason for the arrest or detention; directory/combined-schools-in-sa) (0)

- be permitted to contact their relative or lawyer at the expense of the state; NEWS (https://zimsake.co.zw/notes/news-updates) (3)

RANDOM POSTS

 

Text Books (https://zimsake.co.zw/notes/text-


books)
Primary Schools In Zim
(https://zimsake.co
Primary School New Grade 5 Exam Paper
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2 2021-Pdf
- at their expense, consult in private with a lawyer and a doctor of their choice;
(https://zimsake.co.zw/notes/primary- Masarakufa (P
school-new-grade-5-exam-paper-2-2021- (https://zimsak
- be treated humanely; pdf)
(https://zimsake.co.zw/notes/primary-school-new- primary-school
(https://zimsake.co.z
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- Be brought before a court within 48 hours;

- have the right to remain silent;

- not be forced to make a confession or admission.


TAGS
A person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or
detention.
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Every person has inherent dignity and a right to have that dignity respected. (https://zimsake.co.zw/notes/tag/rocjhopper-education-center-school)
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

No person shall be subjected to slavery or servitude or to perform forced labour; St Giles High Secondary School Harare (https://zimsake.co.zw/notes/tag/st-
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All persons have a right before the law.
Every person has a right to privacy: First Class Academy School (https://zimsake.co.zw/notes/tag/first-class-
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- their home, premises or property may not be entered or searched without their permission;
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- their property may not be seized;
primary-school)

- the privacy of their communication must not be infringed;


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- their health condition must not be disclosed without their permission.

Every person has a right to freedom of assembly and association. Mangala Primary School Matabeleland South
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Every person has a right to freedom of expression. south)

These are just some of the rights and freedoms contained in the constitution. Make an effort to get a copy of the Constitution of Zimbabwe for a
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full list of the rights and freedoms and other provisions of the constitution, not only for examination preparation but for you to be informed. (https://zimsake.co.zw/notes/tag/ngezi-salvation-army-secondary-school)

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The Zimbabwe system of government north)

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It follows the separation of powers arrangement.


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It has three branches, namely:
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(i) The executive branch headed by the Executive
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President and sees to it that laws are carried out. secondary-school)

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Chirariro High School (https://zimsake.co.zw/notes/tag/chirariro-high-school)

(ii) The legislative branch or the parliament or the assembly which makes laws. It consists of Parliament and the President.

(iii) The judiciary branch or the system of courts which interprets the laws, punishes law breakers, settles disputes and decides whether the laws
or other actions of the executive and legislative branch are in keeping with the Constitution.

Allows each branch to check and limit the powers of the others to prevent one branch becoming too powerful.
It is a system of checks and balances.
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

The President

Is the Head of State and Government and Commander-in-Chief of the Defence Forces.

Is the first citizen and his/her family is the firstfamily.

If the President is male his wife is the First Lady, or First Gentleman if the President is female.

The President must obey and uphold the Constitution and all the other laws of the country.

The President enjoys immunity from civil or criminal proceedings for things done in his/her personal capacity until he or she has ceased
to be President. For official acts, good faith is a defence.
A person who is a citizen of Zimbabwe by birth or descent, is a registered voter, is 40 years old and ordinarily resident in Zimbabwe qualifies
for election as President or Vice-President.
A Presidential candidate must nominate two running mates.

The term of office of the President is two five year terms.


The President or Vice-President may resign his or her office.
The President or Vice-President may be removed from office for:

- serious misconduct;

- failure to obey, uphold or defend the Constitution;.

- wilful violation of the Constitution.

- inability to perform the functions of the office due to physical or mental illness.

The President has power to:

- appoint and receive diplomats;

- enter international conventions, treaties and agreements;

- declare or end martial laws or public emergencies;

- declare wars and make peace;

- appoint and remove from office, Vice

Presidents, Ministers or Deputy Ministers;

- address parliament, sit and speak in Parliament;

Ministers, Deputy Ministers and Cabinet


10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

The President, guided by considerations of regional and gender balance, appoints Ministers and Deputy Ministers from among members of
Parliament;
Up to five may be appointed outside Parliament for their professional skills and competence.

Cabinet Ministers are responsible for:

- formulating Government policies, vision, mission statements, aims and objectives of their ministry;

- giving directive on how the ministry must be run;

- answering questions raised in parliament on their ministry;

- preparing, initiating and implementing national legislation;

- advising the President.

Parliament

Parliament is the Legislative Authority or Legislative Branch of Government or Legislature.

Parliament is elected for a term of five years and stands dissolved on the day before polling starts in the next election
Consists of the Senate and the National Assembly.

This is called a bi-cameral Parliament.

Every Member of Parliament must take an oath before taking up office.


Parliament must protect the Constitution and promote democratic governance.
All agencies of government are accountable to parliament.

a) The Senate

Consists of 80 Senators of whom:

- six are elected from each province;


10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

- sixteen are chiefs;

- two are President and Deputy President of the National Council of Chiefs;

- two are elected to represent persons with disabilities.

A Senator must be a registered voter and at least 40 years of age.

The President of the Senate and the Deputy President of the Senate preside over the Senate.

b) The National Assembly

Consists of 210 members elected by secret ballot from the 210 constituencies.

A member of the General Assembly must be a registered voter and at least 21 years of age.

The Speaker and Deputy Speaker preside over the National Assembly.

Judiciary and the Courts

Judiciary authority derives from the people and is vested in the courts: the Constitutional Court; the Supreme Court; the High Court; the
Labour Court; the Administrative Court; the magistrates’ courts; the customary courts; and other courts established by or under an Act of
Parliament.
The Chief Justice, the Deputy Chief justice, other judges of the courts and persons presiding over magistrates’ courts and customary courts
constitute the judiciary.

The Permanent Commissions of Government

A commission is a group of people appointed by the President to do specific work.


Permanent Commissions are The Civil Service Commission, The Prisons and Correctional Service Commission, The Judicial Service
Commission, The Police Service Commission, The Defence Service Commission and The Public Protector (Ombudsman.)

(a) The Civil Service Commission (CSC)

Manages the Civil Service (public service).


Members of the Civil Service are people employed by the government excluding the police, defence forces, prison officers, members of the
judiciary and staff of parliament.
Civil servants may not be office bearers of any political party.

Members of the Civil Service Commission must have the ability, experience or professional qualifications in administration.
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

The CSC:

- appoints, assigns and promotes people to offices, posts and grades;

- fixes the conditions of service for the civil servants;

- exercises disciplinary powers on its members;

- fixes the number of offices, posts, grades, departments or divisions in Civil Service;

- investigates grievances of civil servants;

- fixes salaries for civil servants.

(b) The Prisons and Correctional Service Commission

It comprises the Commissioner of Prisons, who is its chairperson, plus between two and seven members appointed by the President.
Requirements are ability, experience or professional qualifications in administration.
It is headed by the Chief Justice. The first black Chief Justice was Justice Enock Dumbutshena.

The Judicial Service Commission:

- advises on legal matters;

- supervises the legal system;

- promotes independence and accountability of the judiciary;

- oversees the efficient and transparent administration of justice.

(d) The Police Service Commission

Has between two and seven members who must have held senior ranks in the Police Force such as secretary, deputy police commissioner
or superintendent.
The Police Service Commission:

- fixes salaries of members of the Police Service;

- fosters harmony between the forces and citizenry;

- carries out inquiries or investigations into the practices of the Police Force;

- produces and submits an annual report to the Minister;

- trains police officers;

- maintains the police force in a high state of efficiency;


10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

• At least one of the members must have held a post


(e) The Defence Forces Service Commission
of Superintendent or higher in the Prison Service
• Manages the Defence Forces.
for at least five years.

• The Prison Service Commission: • The Defence Forces comprises of the Army and the

- protects the society from criminals through imprisonment, Air Force.

rehabilitation and re-integration • The Defence Forces Commission:

of the offenders into the society; - appoints and regulates conditions of service;

- approves the appointment, promotion, removal - acquires buildings, vehicles, land and military

from office or reduction in rank of officers; equipment for the force.

- fixes salaries of members of the Service. - fixes salaries of members of the Defence

Forces.

(c) The Judicial Service Commission

Manages the Judiciary.


It is the court system: Primary Court (Headman’s Court, Village Court, Community or Chief’s Court); Magistrate’s Court (Chief Magistrate);
High Court (Judge President); Supreme Court (Chief Justice).
It comprises the Chief Justice, the Attorney General, and two to three members appointed by the President. These members must
have been judges of the High Court or Supreme Court.
It must be independent to do its work professionally.

- advises government on matters of the defence forces.

(f) The Public Protector/ Ombudsman

He/she is an independent person.


He/she investigates wrong doing and prosecutes government officials by bringing them to trial on criminal charges or forces government to
take action.
For one to qualify to be a Public Protector, one should have been a:

- judge in Zimbabwe;

- legal practitioner for at least seven years;


10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

- regional magistrate;

- Secretary for Cabinet or Ministry.

Anyone can make a complaint to the Public Protector against a force, service, institution, authority or body, officer or employee.
The complainant must be a Zimbabwean.
The illiterate can be assisted to write down their complaints.

Independent commissions supporting democracy

Therearefive:theZimbabweElectoralCommission; the Zimbabwe Human Rights Commission; the Zimbabwe Gender Commission; the
Zimbabwe Media Commission; and the National Peace and Reconciliation Commission.
Members of these commissions are appointed by the President with Parliamentary and public participation in the process.
They work to support democracy by:

- entrenching human rights and democracy;

- protecting the sovereignty and interests of citizens;

- promoting constitutionalism;

- promoting transparency and accountability in public institutions;

- securing the observance of democratic values and principles by all institutions;

- ensuring the remedying of injustices.

These commissions:

- act independent of any control and without fear, favour, prejudice or interference;

- are accountable to Parliament for efficient performance;

- are entitled to support from all government institutions for the protection of their independence.

Constitutional amendments and referendum

Parliament has power to amend sections of the Constitution. The whole Constitution can only be changed after a referendum.
Constitutions are always amended to keep them abreast of changes in the society, new expectations and aspirations of the people.

Many amendments were made to the 1980 Constitution.

A Bill must be raised, tabled and discussed in Parliament before amendments.

A Bill is a draft for a proposed law.


People vote for or against the draft.
Two thirds of the MPs are needed to amend a constitution.
10/13/23, 1:36 PM O Level Revision : History - The Constitution of Zimbabwe - Free ZIMSEC O Level and A Level Notes

Amendments lead to additions or subtractions or repeal of sections of the Constitution.

A referendum gives people a chance to air their views through voting.

The first referendum was in 2000 after the Government had prepared a draft constitution.

Commissioners travelled country wide explaining it to people and getting people’s views.

The people rejected the draft constitution.


In 2009 another constitution making process started, spearheaded by the Constitutional Parliamentary Select Committee
(COPAC) and the participation of the people. A referendum on the draft constitution was held on 16 March 2013.
Tallies of the referendum released by the Zimbabwe Electoral Commission (ZEC) showed that of the 3 316 082 people that voted, 3 079 966
voted ‘Yes’ (endorsed the draft constitution) while 179 489 voted ‘No’ (rejected it).

Since the majority were in favour of its adoption, the draft constitution was duly declared to have been adopted by the people of Zimbabwe
as the Constitution of Zimbabwe.

Exercise ...

(a) Name six ways a person could lose his/her citizenship. [6]

[11]

and
(c) To what extent are these rights responsibilities exercised in Zimbabwe?
[8]

2. (a) Name six Commissions. [6]

(b) Explain a citizen’s rights and responsibilities.

(b) Discuss the composition and functions of the Civil Service Commission and the Judicial Service Commission. [11]

(c) To what extent have these commissions benefited the people of Zimbabwe? [8]

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