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This article participates on the following special index pages:
Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles
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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PDF version (405KB)
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ANNEXURE B TO POWER-SHARING AGREEMENT
OF 15th SEPTEMBER 2008
THE REPUBLIC AND THE CONSTITUTION
1. The Republic.
2. National flag.
3. National anthem.
4. Coat of arms.
5. Public seal.
7. Supremacy of Constitution.
8. Promotion of public awareness of Constitution.
FUNDAMENTAL CONSTITUTIONAL PRINCIPLES AND NATIONAL OBJECTIVES
FUNDAMENTAL CONSTITUTIONAL PRINCIPLES.
of the people.
10. National unity, peace and stability.
11. Democratic principles.
12. Rule of law.
to guide all organs and agencies of State and Government.
14. Nature of objectives.
15. Good governance.
17. Food security.
19. Cultural objectives.
20. Foreign policy objectives.
21. Gender balance and fair representation of marginalised groups.
23. Elderly persons.
24. Persons with disabilities.
25.. Work and labour relations.
26. Protection of the family.
30. Health services.
31. Social welfare.
32. Legal aid.
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
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.
INDIVIDUAL HUMAN RIGHTS AND FREEDOMS
37. Right to
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.
LIMITATIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
to which fundamental rights and freedoms may be limited.
62. General limitations.
63. Limitations during emergency.
ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
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
70. Right of persons detained under law declared unconstitutional.
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.
THE PRESIDENT AND VICE-PRESIDENTS
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.
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
94. Minister not to hold other office or employment.
95. Tenure of office of Ministers.
97. Vote of no confidence in Government.
functions of President.
99. War and peace.
100. Prerogative of mercy.
101. Public emergencies.
102. Extent to which exercise of President's powers justiciable.
LEGISLATURE AND PARLIAMENT
104. Powers of Parliament.
105. Composition of Parliament.
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.
THE NATIONAL ASSEMBLY
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.
GENERAL MATTERS RELATING TO PARLIAMENT
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
121. Committee on Standing Rules and Orders.
122. Parliamentary Legal Committee.
123. Functions of Parliamentary Legal Committee.
124. Clerk of Parliament and other staff.
PROCEDURE IN PARLIAMENT
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
131. Presidential addresses and messages to Parliament.
132. Standing Orders.
133. Validity of proceedings in Parliament
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.
SUMMONING, PROROGATION AND DISSOLUTION OF PARLIAMENT
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.
145. When parliamentary
elections must be held.
146. Qualifications of voters in parliamentary elections.
147. Electoral Law.
DELIMITATION OF CONSTITUENCIES
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.
THE JUDICIARY AND THE COURTS
155. The judiciary.
156. Independence of judiciary.
157. Constitutional Court.
158. Supreme Court.
159. High Court.
160. Other courts.
161. Criminal jurisdiction of courts.
APPOINTMENT AND TENURE OF JUDGES
163. Appointment of judges.
164. Acting judges.
165. Tenure of office of judges.
166. Removal of judges from office.
PROVISIONS APPLICABLE TO MEMBERS OF JUDICIARY GENERALLY
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.
JUDICIAL SERVICE COMMISSION
173. Functions of Judicial Service Commission.
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.
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
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.
Service and its functions.
194 Commissioner-General of Police.
195. Organisation and administration of Police Service.
196. Police Service Commission.
Service and its function.
198. Commissioner of Prisons.
199. Organisation and administration of Prison Service.
200. Prison Service Commission.
ZIMBABWE ELECTORAL COMMISSION
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
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.
ZIMBABWE HUMAN RIGHTS COMMISSION
and composition of Zimbabwe Human Rights Commission.
210. Functions of Zimbabwe Human Rights Commission.
211. Powers of Zimbabwe Human Rights Commission.
ZIMBABWE ANTI-CORRUPTION COMMISSION
and composition of Zimbabwe Anti-Corruption Commission.
213. Functions of Zimbabwe Anti-Corruption Commission.
214. Powers of Zimbabwe Anti-Corruption Commission.
ZIMBABWE MEDIA COMMISSION
of Zimbabwe Media Commission.
216. Functions of Zimbabwe Media Commission.
217. Powers of Zimbabwe Media Commission.
219. Functions of Public Protector.
220. Conditions of service of Public Protector.
221. Removal from office of Public Protector.
PARLIAMENTARY CONTROL OVER TAXATION, EXPENDITURE AND BORROWING
control over taxation.
223. Parliament to monitor and control government expenditure.
224. Limits of State borrowings, public debt and State guarantees.
CONSOLIDATED REVENUE FUND
226. Withdrawals from Consolidated Revenue Fund and other public
227. Debts and other expenses to be charged upon Consolidated Revenue
AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED REVENUE FUND
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.
SAFEGUARDING OF PUBLIC PROPERTY AND AUDIT OF ACCOUNTS
234. Duty of
custodians of public funds and property.
236. Functions of Auditor-General.
237. Matters to be provided for in Act of Parliament.
RESERVE BANK OF ZIMBABWE
and object of Reserve Bank of Zimbabwe.
240. Structure and functions of Reserve Bank of Zimbabwe.
242. Principles of local government.
243. Local government finances.
245. Provincial councils.
246. Functions of provincial councils.
247. Provincial Governors.
LOCAL AUTHORITIES FOR URBAN AND RURAL AREAS
249. Districts and district local authorities.
250. Functions of local authorities.
251. Elections to local authorities.
of traditional leadership.
253. Recognition and appointment of Chiefs.
254. Councils of Chiefs.
GENERAL AND SUPPLEMENTARY PROVISIONS
GENERAL PROVISIONS AS TO COMMISSIONS
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.
of international law.
262. Effect of international treaties, etc.
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.
268. Commencement of this Constitution, transitional provisions
of Part III.
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.
279. Exercise of functions, etc.
280. When person not regarded as holding public office.
281. Quorum and provisions regarding membership of constitutional
282. Interpretation of regulations, etc., made under Constitution.
283. Power to make Acts of Parliament for matters dealt with under
284. Inconsistencies between different texts of Constitution.
Oaths and Affirmations.
SECOND SCHEDULE: Limitation on Rights During Emergencies.
THIRD SCHEDULE: Qualifications for Senators, Members of National
FOURTH SCHEDULE: Procedure as to Bills and Other Matters in Parliament.
FIFTH SCHEDULE: Commencement of Constitution, Transitional Provisions
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