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  • Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles


  • 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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