Major provisions of the constitution of zimbabwe pdf

Mar 27, 2020 a constitutional provision is a specifically designated rulelaw within a nation or states constitution. A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000 in practice, the 2008 powersharing deal provided the. This constitution to date has been amended 19 times in 32 years. Zimbabwe is currently undertaking a constitution making process partly to fulfil provisions of the global political agreement gpa, partly to afford citizens an opportunity to contribute to the making of a democratic indigenous constitution and partly to afford the nation an opportunity to transcend the past of violence, authoritarianism, impunity and arbitrary rule. China is one of the countries with the longest histories in the world. Remuneration, allowances and benefits of members of zimbabwe electoral commission. Provisions cannot be changed through court or common law, regardless of the circumstances that may arise. Our constitution reflects the hopes and aspirations of a nation.

Notwithstanding the various challenges that confronted the constitution making process, the new constitution remains. Country report progressive reform in the new constitution of. Are disability laws in zimbabwe compatible with the. A summary of the amendments to the 1980 constitution of zimbabwe lancaster house constitution editorial by the editors issue 22014. The state must take all practical measures to ensure the provision of basic, accessible and adequate. The new constitution of zimbabwe and its implications for. Of all these provisions probably the most significant one is section 95 which. Votes of twothirds of the assembly chapter vi the judicature part i the high court. The cybercrime bill has very contentious omissions that render too much volition to state agents to define law for citizens, thus leaving citizens vulnerable to abuse. Instead, constitutional principles are a basic blueprint of how the country or state, governed by that constitution, will be run.

Provision in event of zimbabwe becoming a member of the commonwealth. The common law of zimbabwe is primarily the romandutch law as per the provisions of section 192 of the constitution of zimbabwe. As the constitution is clear on liberties and youth participation, there is need to remove. The constitution of zimbabwe adopted in 20 represents a major milestone in the development of constitutional democracy in zimbabwe. Constitution of zimbabwe 20 pdf format note by veritas the new zimbabwe constitution was enacted by the constitution of zimbabwe amendment no. What is more important is for local spheres of government to have their base, so.

Debating the inconsistencies between constitutional. This constitution is the supreme law of zimbabwe and any law, practice, custom or conduct. Removal of member of zimbabwe electoral commission from office. As zimbabwe marks five years after the adoption of the current constitution, a number of important provisions remain unimplemented, raising fears the harmonized elections set for later this year. It is the view of zimbabwe lawyers for human rights zlhr that the bill raises serious concerns, and the. Whereas persons in zimbabwe are entitled, subject to the provisions of this constitution, to the fundamental rights and freedoms of the individual specified in this chapter, and whereas it is the duty of every person to respect and abide by the constitution and the laws of zimbabwe, the provisions of this chapter shall. The constitutional history and the 20 referendum of zimbabwe. A history of zimbabwe, 18902000 and postscript, zimbabwe. Special provision for election and tenure of first.

Other substantive provisions of the constitution, particularly those defining socioeconomic rights, cultural or. Zimbabwe also ratified key womens rights instruments in fulfilment of the provisions and the spirit of the bpa viz. Chapter 1 founding provisions chapter 2 national objectives chapter 3 citizenship. Final papers of the 2016 national symposium on the promise of the declaration of rights under the constitution of zimbabwe.

Application of certain provisions of chapter 12 to zimbabwe anticorruption. However constitution building is a process and not an event. But it does more than just describing the nutsandbolts of the functioning of the state. Constitution of the peoples republic of china adopted on december 4, 1982 preamble.

Founding provisions sections 17 zimbabwe is founded on the following values and principles. The independence constitution of 1980 was the result of the 1979 lancaster house agreement and is sometimes called the lancaster constitution. Its sets out the new constitution in the schedule to the act. This provision reads that the law to be administered by the courts of zimbabwe is the law that was in force on the effective date, as subsequently modified. The constitution and the constitutional process in zimbabwe. Despite the enactment of constitution of zimbabwe amendment no. The constitution forms the basis of public life in south africa.

Basic values and principles governing public administration. Major changes to constitution coming zimbabwe situation. Zimbabwes 20 constitution provides a strong legal framework for the promotion and attainment of gender equality and womens empowerment. A highly contested constitutionmaking process was undertaken by major. It is the view of zimbabwe lawyers for human rights zlhr that the bill raises serious concerns, and the portfolio committee.

This act repeals and replaces the existing constitution of 1979. On 18 th april 1980, prince charles formally conferred independence on zimbabwe and on this day, a new constitution agreed under the lancaster house agreement came into force. Constitution of zimbabwe this social order is important in the enjoyment of human rights, as provided for in article 28 of the udhr. The people of all nationalities in china have jointly created a splendid culture and have a glorious revolutionary tradition. Oaths to be taken by judges of high court part ii court of appeal. Section 73 makes provisions for environmental rights. We the people of zimbabwe, united in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, exalting and extolling the brave men and women who sacrificed their lives during the chimurenga umvukela and national liberation struggles, honouring our forebears and compatriots who. According to university of zimbabwe economist, tony hawkins, in 2000, zimbabwe farms produced 3. Ownership of the constitution is a problem, as this. However, most people including lawyers have only the vaguest idea of. Smiths campaign for acceptance of the draft constitution by white voters in a referendum on 30 january, 1979 and the results of the referendum. The upper house of the parliament approved the draft document on february 7.

The lancaster house constitution was the first supreme law of the land. African customary law, customs, and womens rights muna ndulo. The lancaster house agreement was signed on 21 st december 1979. Zimbabwe draft constitution, copac website last visited mar. Key constitutional provisions still not implemented 5. Some important elements of the 2011 to 20 drafts of the constitution. Provision for the right to health under section 76 of the constitution. Zimbabwe act 1979 chapter 60 arrangement of sections section 1. Aligning the administrative justice act with the constitution. Prior to the lancaster house constitutional conference of 1978 a series of meetings convened by britain to design a roadmap for and negotiate the terms of an independence constitution for zimbabwe constitutional reform in the country was characterized by a pattern of political exclusion where the rhodesian government sought to maintain. Zimbabwe country constitutional profile constitutionnet. Mar 08, 2015 via major changes to constitution coming the sunday mail mar 8, 2015. The zimbabwe constitution contains a number of important provisions in chapter.

A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000. Final papers from the 2017 national symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf more. These provisions were found in s 4 of the previous constitution. Subject to the provisions of this constitution, the executive powers of the federation. These provisions are pointing towards provision of social services as a right. According to section 931 of the constitution policing can be seen as a means in the protection of human rights especially civil and political rights and by its contribution to the maintenance of social order. A constitutional provision is a specifically designated rulelaw within a nation or states constitution. The amendment also introduced a provision for the parliament to regulate by law the. The constitution of zimbabwe is the supreme law of zimbabwe. Government developed the national health strategy for zimbabwe 20162020 which seeks to. In 2012, the ministry of finance estimated output at less than half that 1. The equivalent provision in the previous constitution was section 151 in mukoko v attorneygeneral s1211 the court also ruled that s 151 of the constitution prohibits absolutely torture or inhuman or degrading punishment or treatment. Enacted by the president and the parliament of zimbabwe. Further, zimbabwe is a state party to key regional and international human rights instruments.

Our current constitution states that public officers owe a duty to everyone in zimbabwe to observe and uphold the rule of law section 181a, and the kariba draft constitution contains a similar provision. The lancaster house agreement was signed on 21 st december. The study argues that the provisions for devolution in the 20 constitution are inconsequential and betray a lack of political will by the central. Some of the provisions are found in chapter 2 sections 27, 28,29,30,75 and 76. Legislation online parliament of zimbabwe pdf of constitution doc. The zimbabwe constitution does make provision for constitutional supremacy. New constitution approved by parliamentary committee, global legal monitor feb.

Provisions to ensure independence of zimbabwe electoral commission. The preamble to the declaration of rights commerce as follows. Key constitutional provisions still not implemented 5 years. The new constitution of zimbabwe has a number of provisions which it ushered in which were not clearly articulated in the old constitution.

Members of zimbabwe electoral commission not to be members of political parties. Powers exercisable in connection with zimbabwe s be coming independent. Section 2 constitutional provisions zimbabwe legal. If a person is subjected to torture and inhuman and degrading treatment before being charged and.

For instance, there is no clarity or certainty on what the law means by ounlawful access. Every person has a right to personal liberty, but a person can lawfully be deprived of liberty upon reasonable suspicion that he or she has committed or is about to. This constitution was drafted in lancaster as a cease fire and transitional document. Zimbabwe is a unitary, democratic and sovereign republic. Commentary on the criminal law codification and reform act chapter 9. Analysis as zimbabwe continues with the contentious constitutionmaking process which continues to drag on three years behind schedule, it should be inspired and draw some critical lessons from. These provisions are pointing towards provision of social services as a.