Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work,
God or other deitiesAnd, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.
Zimbabwe is a unitary, democratic and sovereign republic.
Zimbabwe has a National Flag, a National Anthem, a Coat of Arms and a Public Seal, which are set out in the First Schedule.
The tiers of government in Zimbabwe are--
The State must promote public awareness of this Constitution, in particular by--
The State and every person, including juristic persons, and every institution and agency of government at every level, must promote national unity, peace and stability.
The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfilment.
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 of the resources available to them, to adopt measures for--
The State must take appropriate measures to ensure that--
The State and all institutions and agencies of government at every level must take reasonable legislative and other measures, within the limits of the resources available to them, to enable every person to have access to adequate shelter.
Right to health careThe State must take all practical measures, within the limits of the resources available to it, to provide social security and social care to those who are in need.
Right to counselThe State must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice.
The State must take all practical measures to encourage sporting and recreational activities, including the provision of sporting and recreational facilities for all people.
Right to cultureThe State must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people.
International lawThe State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law.
Subject to section 36(2), persons born outside Zimbabwe are Zimbabwean citizens by descent if, when they were born--
and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births.
Requirements for naturalizationZimbabwean citizenship is not lost through marriage or the dissolution of marriage.
An Act of Parliament must provide for the establishment of a Citizenship and Immigration Board consisting of a chairperson and at least two other members, appointed by the President, to be responsible for--
An Act of Parliament may make provision, consistent with this Chapter, for--
The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter.
Binding effect of const rightsin addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution.
and must be informed of this right promptly;
Human dignity Right to pre-trial releaseand who is not released must be brought before a court as soon as possible and in any event not later than forty-eight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on a Saturday, Sunday or public holiday.
Protection from self-incriminationand the High Court may make whatever order is appropriate in the circumstances.
Protection from false imprisonmentEvery person has inherent dignity in their private and public life, and the right to have that dignity respected and protected.
Every person has the right to bodily and psychological integrity, which includes the right--
No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.
Prohibition of slaveryNo person may be subjected to slavery or servitude.
Prohibition of slaveryNo person may be made to perform forced or compulsory labour.
Equality regardless of origin , General guarantee of equality , Equality regardless of age , Equality for persons with disabilities , Equality regardless of parentage , Equality regardless of political party , Equality regardless of social status , Equality regardless of race , Equality regardless of religion , Equality regardless of gender , Equality regardless of financial status , Equality regardless of tribe or clan , Equality regardless of skin color , Equality regardless of creed or belief , Equality regardless of nationality , Equality regardless of language
Every person has the right to privacy, which includes the right not to have--
Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.
Freedom of opinion/thought/conscience , Freedom of religionEvery person has the right--
Protection of language usebut no person exercising these rights may do so in a way that is inconsistent with this Chapter.
Right to choose occupation , Right to establish a businessEvery person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law.
"property" means property of any description and any right or interest in property.
Right to transfer property , Right to own property Protection from expropriationand to apply to the court for an order directing the prompt payment of any compensation.
Protection from expropriation , Provisions for wealth redistribution"land" includes anything permanently attached to or growing on land;
"piece of agricultural land" means a piece of agricultural land registered as a separate piece of land in a Deeds Registry.
the land, right or interest may be compulsorily acquired by the State by notice published in the Gazette identifying the land, right or interest, whereupon the land, right or interest vests in the State with full title with effect from the date of publication of the notice.
continues to be vested in the State, and no compensation is payable in respect of its acquisition except for improvements effected on it before its acquisition.
Reference to country's historyNo person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.
Every person has the right to--
and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.
Regulation of marriageto the prompt provision of a birth certificate;
Rights or duties of parents Limits on employment of children Privileges for juveniles in criminal processPeople over the age of seventy years have the right--
and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.
State support for the disabledThe State must take appropriate measures, within the limits of the resources available to it, to ensure that persons with disabilities realise their full mental and physical potential, including measures--
are entitled to due recognition for their contribution to the liberation of Zimbabwe, and to suitable welfare such as pensions and access to basic health care.
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
The President is the Head of State and Government and the Commander-in-Chief of the Defence Forces.
and, except as otherwise provided in this Constitution, their terms of office are five years and coterminous with the life of Parliament.
should be investigated in terms of this section.
Legislative committeesthe President or Vice-President thereupon ceases to hold office.
Head of state immunityThe Vice-Presidents assist the President in the discharge of his or her functions and perform any other functions, including the administration of any Ministry, department or Act of Parliament, that the President may assign to them.
The President and Vice-Presidents, and any former President or Vice-President, must not, directly or indirectly, hold any other public office or be employed by anyone else while they are in office or are receiving a pension from the State as former President or Vice-President, as the case may be.
Establishment of cabinet/ministersotherwise it is regarded as lost.
Foreign affairs representative , International law , International organizations , Treaty ratification
Power to declare/approve warand may impose conditions on any such pardon, respite, substitution or suspension.
Emergency provisionsand the Attorney-General may exercise those functions in person or through subordinate officers acting under the Attorney-General's general or specific instructions.
The President may at any time remove the Attorney-General from office.
The Legislature of Zimbabwe consists of Parliament and the President acting in accordance with this Chapter.
Parliament consists of the Senate and the National Assembly.
unless he or she is disqualified under subsection (4) or (5).
unless he or she is disqualified under subsection (4) or (5).
unless he or she is disqualified under subsection (2) or (3).
and sentenced to imprisonment for six months or more without the option of a fine or 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;
in accordance with this Constitution.
Approval or veto of general legislationand in either case the Speaker must cause the Bill to be presented to the President without delay for assent and signature and must give public notice of the date on which the Bill was sent to the President.
Approval or veto of general legislationAn Act of Parliament comes into operation at the beginning of the day on which it is published in the Gazette, or at the beginning of any other day that may be specified in the Act or some other enactment.
Parliament may, in an Act of Parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that Act, but--
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.
but those measures must be fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
the President must by proclamation call and set dates for a general election to be held not more than ninety days after Parliament passed the resolutions or the President dissolved Parliament or Parliament stood dissolved, as the case may be.
Each House of Parliament determines the time and duration of its sittings, other than its first sitting, and its periods of recess, but--
Extraordinary legislative sessionsOn the dissolution of Parliament, all proceedings pending at the time are terminated, and every Bill, motion, petition and other business lapses.
but no such Act may permit Parliament or its Members or officers to impose any punishment in the nature of a criminal penalty, other than a fine, for breach of privilege or contempt of Parliament.
Right of petitionParliament may sit at places other than the ordinary seat of Parliament, but only on grounds of public interest, security or convenience.
Legislative committeesand must report to Parliament or to the Vice-President, Minister or authority, as the case may be, whether it considers any provision in the Bill, statutory instrument or draft contravenes or, if enacted, would contravene any provision of this Constitution.
Compensation of legislatorsAt every election and referendum, the Zimbabwe Electoral Commission must ensure that--
Whenever a vacancy occurs in any elective public office established in terms of this 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 fill the vacancy.
and to give effect to these considerations, the Commission may depart from the requirement that constituencies and wards must have equal numbers of voters, but no constituency or ward of the local authority concerned may have more than twenty per cent more or fewer registered voters than the other such constituencies or wards.
and the President must cause the preliminary delimitation report to be laid before Parliament within seven days.
Judicial authority derives from the people of Zimbabwe and is vested in the courts, which comprise--
Establishment of constitutional court Establishment of labor courts Establishment of administrative courtsbut an Act of Parliament or rules of the Court may provide for interlocutory matters to be heard by one or more judges of the Court.
Constitutional interpretationbut the rules must give any person affected by the registrar's order or decision a right to have it reviewed by a judge of the Supreme Court, who may confirm it, amend it or set it aside or give any other order or decision he or she thinks fit.
Structure of the courtsThe High Court is a superior court of record and consists of--
but the rules must give any person affected by the registrar's order or decision a right to have it reviewed by a judge of the High Court, who may confirm it, amend it or set it aside or give any other order or decision he or she thinks fit.
Establishment of labor courtsThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution.
and is currently so qualified to practise.
Except as otherwise provided in this Constitution, a person must not be appointed as a judicial officer of more than one court.
Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe.
Eligibility for supreme court judgesand is currently so qualified to practise.
Eligibility for ordinary court judges , Eligibility for administrative judges , Attorney generaland is currently so qualified to practise.
Ordinary court selection , Supreme court selection , Constitutional court selection , Establishment of judicial council , Administrative court selection
is vacant or if the office-holder is unable to perform the functions of that office, the next most senior judge of the court concerned acts as Judge President.
Establishment of judicial council Ordinary court selection , Establishment of judicial councilAn Act of Parliament must provide for the appointment of magistrates and other judicial officers other than judges, but--
and a judge cannot be removed from office except in accordance with this section.
Establishment of judicial councilThe Judicial Service Commission must conduct its business in a just, fair and transparent manner.
The law to be administered by the courts of Zimbabwe is the law that was in force on the effective date, as subsequently modified.
Only the following courts may exercise or be given jurisdiction in criminal cases--
and the State must take measures, including legislative measures, to promote these values and principles.
Civil service recruitmentAn Act of Parliament may limit the terms of office of chief executive officers or heads of government-controlled entities and other commercial entities and public enterprises owned or wholly controlled by the State.
An Act of Parliament must provide measures to enforce the provisions of this Chapter, including measures--
The President must appoint a Minister to be responsible for the Civil Service.
appointed by the President.
The President may appoint persons to be ambassadors or other principal representatives of Zimbabwe in other countries or to be accredited to international organisations and may, at any time, remove those persons from their posts.
An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.
The function of the Defence Forces is to protect Zimbabwe, its people, its national security and interests and its territorial integrity and to uphold this Constitution.
Designation of commander in chiefWhen the Defence Forces are deployed--
the President must cause Parliament to be informed, promptly and in appropriate detail, of the reasons for their deployment and--
The President must appoint a Minister to be responsible for the Defence Forces.
The President must appoint a Minister to be responsible for the Police Service.
The President must appoint a Minister to be responsible for any national intelligence service.
The President must appoint a Minister to be responsible for the Prisons and Correctional Service.
The following are the independent Commissions--
Electoral commission Human rights commission Media commission Truth and reconciliation commissionThe independent Commissions have the following general objectives in addition to those given to them individually--
The independent Commissions have power to employ staff and, subject to the law, to regulate their conditions of service.
although they are accountable to Parliament for the efficient performance of their functions.
he or she ceases immediately to be a member of the Commission concerned.
Media commission , Electoral commission , Human rights commissionThe Zimbabwe Electoral Commission has the following functions--
and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;
Electoral districtsIn addition to the persons mentioned in section 320(3), the following persons are ineligible for appointment to the Zimbabwe Electoral Commission--
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Electoral Commission must without delay, and through the appropriate Minister, submit a report to Parliament on the conduct of every election and every referendum.
Human rights commissionin order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.
The Zimbabwe Gender Commission has the following functions--
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Gender Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to gender issues which, in the Commission's opinion, should be brought to the attention of Parliament.
Media commissionIn addition to the report it is required to submit in terms of section 323, the Zimbabwe Media Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to the media which, in the Commission's opinion, should be brought to the attention of Parliament.
Truth and reconciliation commissionThe National Peace and Reconciliation Commission has the following functions--
In addition to the report it is required to submit in terms of section 323, the National Peace and Reconciliation Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to national peace and reconciliation which, in the Commission's opinion, should be brought to the attention of Parliament.
Sections 234, 235, 236 and 237 apply to the Zimbabwe Anti-Corruption Commission and its members as if it were an independent Commission established by Chapter 12.
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Anti-Corruption Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to improper conduct in the public and private sectors which, in the Commission's opinion, should be brought to the attention of Parliament.
Attorney generalThere is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions.
The Prosecutor-General must submit to Parliament, through the appropriate Minister, an annual report on the operations and activities of the National Prosecuting Authority, the report being submitted not later than six months after the beginning of the year following the year to which the report relates.
An Act of Parliament may confer powers of prosecution on persons other than the National Prosecuting Authority, but those powers must not limit or conflict with the Authority's powers under this Part.
Whereas it is desirable to ensure:
there must be devolution of power and responsibilities to lower tiers of government in Zimbabwe.
whose boundaries are fixed under an Act of Parliament.
after consultation with the Zimbabwe Electoral Commission and the people in the provinces and districts concerned.
Subsidiary unit governmentFor the better exercise of their functions, provincial and metropolitan councils may establish committees but each such committee must be presided over by a member referred to in section 268(1)(f) or 269(1)(f), as the case may be.
Subsidiary unit governmentAn Act of Parliament must provide for the procedure to be followed by councils of local authorities.
Right to culture , Indigenous right to self governanceAn Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned--
An Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions--
In this Chapter "agricultural land" has the meaning given to it by section 72.
Reference to country's historyIn order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country's natural resources, policies regarding agricultural land must be guided by the following principles--
continues to be vested in the State.
and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such a notice, does not affect the operation of subsection (1) or invalidate the State's title to the agricultural land concerned in terms of that subsection.
Subject to this Constitution, any person who, immediately before the effective date, was using or occupying, or was entitled to use or occupy, any agricultural land by virtue of a lease or other agreement with the State continues to be entitled to use or occupy that land on or after the effective date, in accordance with that lease or other agreement.
The State must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land.
Subject to any limitation imposed by law, an owner or occupier of agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land.
Protection from expropriation