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The Kariba draft constitution
September 30, 2007
Note: This document was signed and agreed to by the parties in Kariba on the above date. It was incorporated as Annexure B to the power-sharing agreement of September 15, 2008

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ANNEXURE B TO POWER-SHARING AGREEMENT
OF 15th SEPTEMBER 2008

CONSTITUTION OF ZIMBABWE

ARRANGEMENT OF SECTIONS

PREAMBLE

CHAPTER I
THE REPUBLIC AND THE CONSTITUTION

Section
1. The Republic.
2. National flag.
3. National anthem.
4. Coat of arms.
5. Public seal.
6. Languages.
7. Supremacy of Constitution.
8. Promotion of public awareness of Constitution.

CHAPTER II
FUNDAMENTAL CONSTITUTIONAL PRINCIPLES AND NATIONAL OBJECTIVES

PART I
FUNDAMENTAL CONSTITUTIONAL PRINCIPLES.

9. Authority of the people.
10. National unity, peace and stability.
11. Democratic principles.
12. Rule of law.

PART II
NATIONAL. OBJECTIVES

13. Objectives to guide all organs and agencies of State and Government.
14. Nature of objectives.
15. Good governance.
16. Development.
17. Food security.
18. Environment.
19. Cultural objectives.
20. Foreign policy objectives.
21. Gender balance and fair representation of marginalised groups.
22. Children.
23. Elderly persons.
24. Persons with disabilities.
25.. Work and labour relations.
26. Protection of the family.
27. Marriage.
28. Education.
29. Shelter.
30. Health services.
31. Social welfare.
32. Legal aid.

CHAPTER III
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART I
PRELIMINARY

33. Duty to respect fundamental human rights.
34. Application of Chapter III.
35. Interpretation of Chapter III.
36. Chapter III does not preclude existence of other rights.

PART II
INDIVIDUAL HUMAN RIGHTS AND FREEDOMS

37. Right to life.
38. Right to personal liberty.
39. Right to personal security.
40. Freedom from slavery and forced labour.
41. Freedom from torture and inhuman or degrading treatment.
42. Right to dignity and reputation.
43. Freedom from discrimination.
44. Freedom of conscience.
45. Freedom of speech and expression.
46. Right to language and cultural life.
47. Freedom of assembly and association.
48. Freedom of movement and residence.
49. Protection of law: equality before the law.
50. Protection of law: fairness in criminal cases.
51. Protection of law: fairness in civil proceedings.
52. Right to information.
53. Right to just administrative action.
54. Rights of children, their parents and guardians.
55. Right to establish and maintain educational institutions.
56. Right to property.
57. Agricultural land acquired for resettlement and other purposes.
58. Freedom from arbitrary eviction.
59. Right to privacy.
60. Political rights.

PART III
LIMITATIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

61. Extent to which fundamental rights and freedoms may be limited.
62. General limitations.
63. Limitations during emergency.

PART IV
ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

64. Application to Constitutional Court for redress.
65. Reference of question to Constitutional Court.
66. Jurisdiction of Constitutional Court.
67. Jurisdiction of all courts in constitutional matters.
68. Right of Attorney-General to be heard in constitutional cases.
69. Right of Minister to make representations in certain constitutional cases.
70. Right of persons detained under law declared unconstitutional.

CHAPTER IV
CITIZENSHIP

71. Zimbabwean citizenship
72. Citizenship by birth.
73. Citizenship by descent.
74. Citizenship by registration.
75. Citizenship and Immigration Board.
76. Powers of Parliament in relation to citizenship.
77. Interpretation and supplementary provisions regarding citizenship.

CHAPTER V
THE EXECUTIVE

PART I
EXECUTIVE AUTHORITY

78. Executive authority.

PART II
THE PRESIDENT AND VICE-PRESIDENTS

79. Office of President.
80. Duty of President to uphold Constitution.
81. Qualifications and disqualifications for election as President.
82. Election of President.
83. Assumption of office by President.
84. Tenure of office of President.
85. Presidential immunity.
86. Remuneration of President.
87. President and former President not to hold other office or employment.
88. Vice-Presidents.
89. Resignation of President.
90. Removal from office of President.
91. Vacation of office, absence or incapacity of President.
92. Succession in event of death, resignation or removal from Office of President.

PART III
THE GOVERNMENT

93. Appointment of Ministers.
94. Minister not to hold other office or employment.
95. Tenure of office of Ministers.
96. Cabinet.
97. Vote of no confidence in Government.

PART IV
EXECUTIVE FUNCTIONS

98. Executive functions of President.
99. War and peace.
100. Prerogative of mercy.
101. Public emergencies.
102. Extent to which exercise of President's powers justiciable.

CHAPTER VI
THE LEGISLATURE

PART I
LEGISLATURE AND PARLIAMENT

103. Legislative authority.
104. Powers of Parliament.
105. Composition of Parliament.

PART II
THE SENATE

106. Composition of Senate.
107. Election of President of Senate.
108. President of Senate not a Senator.
109. Resignation and vacation of office by President of Senate.
110. Deputy President of Senate.

PART III
THE NATIONAL ASSEMBLY

111.. Composition of National Assembly.
112. Election of Speaker.
113. Speaker not a Member of National Assembly.
114. Resignation and vacation of office by Speaker.
115. Deputy Speaker.

PART IV
GENERAL MATTERS RELATING TO PARLIAMENT

116. Privileges and immunities of Parliament.
117. Oath or affirmation of Member of Parliament.
118. Tenure of seat of Member of Parliament.
119. Expulsion or suspension of Member of Parliament.
120. Remuneration of President of Senate, Speaker and Members of Parliament.
121. Committee on Standing Rules and Orders.
122. Parliamentary Legal Committee.
123. Functions of Parliamentary Legal Committee.
124. Clerk of Parliament and other staff.

PART V
PROCEDURE IN PARLIAMENT

125. Person presiding in Senate.
126. Person presiding in National Assembly.
127. Person presiding at joint sittings of Parliament.
128. Quorum in Parliament.
129. Decisions of Parliament.
130. Right of Vice-Presidents, Ministers and Attorney-General to sit and speak in either
House.
131. Presidential addresses and messages to Parliament.
132. Standing Orders.
133. Validity of proceedings in Parliament

PART VI
LEGISLATIVE POWERS

134. Bills.
135. Procedure for passing Bills.
136. Presidential assent to Bills.
137. Acts of Parliament and their commencement.
138. Enrolment of Acts.
139. Amendment of Constitution.

PART VII
SUMMONING, PROROGATION AND DISSOLUTION OF PARLIAMENT

140. Sessions.
141. First and special sittings of Parliament.
142. Power of Parliament to determine its sittings.
143. Life of Parliament.
144. Prorogation or dissolution of Parliament.

PART VIII
ELECTIONS

145. When parliamentary elections must be held.
146. Qualifications of voters in parliamentary elections.
147. Electoral Law.

PART IX
DELIMITATION OF CONSTITUENCIES

148. Fixing of boundaries of constituencies and frequency of revision
149. Factors to be considered in delimiting constituencies.
150. Delimitation of Senatorial Constituencies.
151. Delimitation of Wards of Local Authorities.
152. Report on delimitation.
153. Declaration of boundaries of constituencies.

CHAPTER VII
THE JUDICIARY

PART I
THE JUDICIARY AND THE COURTS

154. Judicial authority.
155. The judiciary.
156. Independence of judiciary.
157. Constitutional Court.
158. Supreme Court.
159. High Court.
160. Other courts.
161. Criminal jurisdiction of courts.

PART II
APPOINTMENT AND TENURE OF JUDGES

162. Qualifications of judges.
163. Appointment of judges.
164. Acting judges.
165. Tenure of office of judges.
166. Removal of judges from office.

PART III
PROVISIONS APPLICABLE TO MEMBERS OF JUDICIARY GENERALLY

167. Appointment of judicial officers other than judges.
168. Oath of office.
169. Remuneration of members of judiciary.
170. Security of tenure of members of judiciary.
171. Conclusion of part-heard cases by former members of judiciary.

PART IV
JUDICIAL SERVICE COMMISSION

172. Judicial Service Commission.
173. Functions of Judicial Service Commission.

CHAPTER VIII
ATTORNEY-GENERAL

174. Appointment of Attorney-General.
175. Functions and powers of Attorney-General.
176. Independence of Attorney-General.
177. Conditions of service of Attorney-General.
178. Removal from office of Attorney-General.
179. Deputy Attorney-General.

CHAPTER IX
PUBLIC SERVICE

180. Public Service.
181. Organisation and administration of Public Service.
182. Public Service Commission.
183. Functions of Public Service Commission.
184. Permanent Secretaries.
185. Ambassadors and other principal representatives of Zimbabwe abroad.

CHAPTER X
DEFENCE FORCES

186. Defence Forces.
187. Primary function of Defence Forces.
188. Deployment of Defence Forces.
189. Political accountability for deployment of Defence Forces.
190. Command of Defence Forces.
191. Organisation and administration of Defence Forces.
192. Defence Forces Service Commission.

CHAPTER XI
POLICE SERVICE

193. Police Service and its functions.
194 Commissioner-General of Police.
195. Organisation and administration of Police Service.
196. Police Service Commission.

CHAPTER XII
PRISON SERVICE

197. Prison Service and its function.
198. Commissioner of Prisons.
199. Organisation and administration of Prison Service.
200. Prison Service Commission.

CHAPTER XIII
INDEPENDENT COMMISSIONS

PART I
ZIMBABWE ELECTORAL COMMISSION

201. Establishment and composition of Zimbabwe Electoral Commission.
202. Functions of Zimbabwe Electoral Commission.
203. Disqualification for appointment to Zimbabwe Electoral Commission.
204. Members of Zimbabwe Electoral Commission not to be members of political parties.
205. Remuneration, allowances and benefits of members of Zimbabwe Electoral Commission.
206. Removal of member of Zimbabwe Electoral Commission from office.
207. Provisions to ensure independence of Zimbabwe Electoral Commission.
208. Reports of Zimbabwe Electoral Commission.

PART II
ZIMBABWE HUMAN RIGHTS COMMISSION

209. Establishment and composition of Zimbabwe Human Rights Commission.
210. Functions of Zimbabwe Human Rights Commission.
211. Powers of Zimbabwe Human Rights Commission.

PART III
ZIMBABWE ANTI-CORRUPTION COMMISSION

212. Establishment and composition of Zimbabwe Anti-Corruption Commission.
213. Functions of Zimbabwe Anti-Corruption Commission.
214. Powers of Zimbabwe Anti-Corruption Commission.

PART IV
ZIMBABWE MEDIA COMMISSION

215. Establishment of Zimbabwe Media Commission.
216. Functions of Zimbabwe Media Commission.
217. Powers of Zimbabwe Media Commission.

CHAPTER XIV
PUBLIC PROTECTOR

218. Public Protector.
219. Functions of Public Protector.
220. Conditions of service of Public Protector.
221. Removal from office of Public Protector.

CHAPTER XV
FINANCE

PART I
PARLIAMENTARY CONTROL OVER TAXATION, EXPENDITURE AND BORROWING

222. Parliamentary control over taxation.
223. Parliament to monitor and control government expenditure.
224. Limits of State borrowings, public debt and State guarantees.

PART 11
CONSOLIDATED REVENUE FUND

225. Consolidated Revenue Fund.
226. Withdrawals from Consolidated Revenue Fund and other public funds.
227. Debts and other expenses to be charged upon Consolidated Revenue Fund.

PART III
AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED REVENUE FUND

228. Estimates of revenue and expenditure.
229. Information to be provided to National Assembly.
230. Appropriation Bills.
231. Additional or supplementary appropriations.
232. Authorisation of expenditure in advance of appropriation.
233. Excess or unauthorised expenditure.

PART IV
SAFEGUARDING OF PUBLIC PROPERTY AND AUDIT OF ACCOUNTS

234. Duty of custodians of public funds and property.
235. Auditor-General.
236. Functions of Auditor-General.
237. Matters to be provided for in Act of Parliament.
238. Procurement.

PART V
RESERVE BANK OF ZIMBABWE

239. Establishment and object of Reserve Bank of Zimbabwe.
240. Structure and functions of Reserve Bank of Zimbabwe.

CHAPTER XVI
LOCAL GOVERNMENT

PART I
PRELIMINARY

241. Tiers of government.
242. Principles of local government.
243. Local government finances.

PART 11
PROVINCIAL GOVERNMENT

244. Provinces.
245. Provincial councils.
246. Functions of provincial councils.
247. Provincial Governors.

PART III
LOCAL AUTHORITIES FOR URBAN AND RURAL AREAS

248. Urban local authorities.
249. Districts and district local authorities.
250. Functions of local authorities.
251. Elections to local authorities.

CHAPTER XVII
TRADITIONAL LEADERS

252. Recognition of traditional leadership.
253. Recognition and appointment of Chiefs.
254. Councils of Chiefs.

CHAPTER XVIII
GENERAL AND SUPPLEMENTARY PROVISIONS

PART I
GENERAL PROVISIONS AS TO COMMISSIONS

255. Interpretation in Part 1
256. Commissions to be independent.
257. Membership of Commissions and conditions of service of members.
258. Members of Commissions to take oaths of loyalty and office.
259. Functions and procedure of Commissions.
260. Commissions to report annually to Parliament.

PART II
INTERNATIONAL LAW

261. Application of international law.
262. Effect of international treaties, etc.

PART III
GENERAL PROVISIONS

263. Diligent performance of constitutional obligations.
264. Disclosure of assets by public officers.
265. Funding for political parties.
266. Alteration in conditions of service of State employees.
267. Pensions
268. Commencement of this Constitution, transitional provisions and savings.

PART IV
INTERPRETATION

269. Application of Part III.
270. Definitions.
271. References to Chapters, sections, etc.
272. Words in singular to include plural, and vice versa.
273. Tables and headings.
274. References to time.
275. Calculation of person's age.
276. References to holders of office.
277. Appointments.
278. Resignations.
279. Exercise of functions, etc.
280. When person not regarded as holding public office.
281. Quorum and provisions regarding membership of constitutional bodies.
282. Interpretation of regulations, etc., made under Constitution.
283. Power to make Acts of Parliament for matters dealt with under Constitution.
284. Inconsistencies between different texts of Constitution.

FIRST SCHEDULE: Oaths and Affirmations.
SECOND SCHEDULE: Limitation on Rights During Emergencies.
THIRD SCHEDULE: Qualifications for Senators, Members of National Assembly and
Voters
FOURTH SCHEDULE: Procedure as to Bills and Other Matters in Parliament.
FIFTH SCHEDULE: Commencement of Constitution, Transitional Provisions and Savings

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