Back to Index
of Zimbabwe Amendment (No. 17) Bill, 2005 [H.B. 7, 2005]
August 25, 2005
of Zimbabwe Amendment (No. 17) Act, 2005 was
passed on September 16, 2005
the Constitution of Zimbabwe
Amendment (No. 17) Bill, 2005 - Notes on committee stage amendments
97 version (133KB)
PDF version (541KB)
If you do not have the free Acrobat reader on your
computer, download it from the Adobe website by clicking
Published in the Government
Gazette on the 15th July, 2005 (Gazette Extraordinary, General Notice
This Bill will amend
the Constitution in several
respects, principal of which are the following. Firstly, a new provision
will confirm the acquisition of land for resettlement purposes which took
place pursuant to the Land Reform Programme beginning in 2000, and provide
for the acquisition in the future of agricultural land for resettlement
and other purposes. Secondly, Parliament will be reconstituted as a bicameral
legislature consisting of a House of Assembly of 150 members (120 elected
on a constituency basis, the 10 Provincial Governors, 8 Chiefs elected
in accordance with the Electoral Law to represent the eight non-metropolitan
provinces and 10 persons appointed by the President) and a Senate of 66
members (made up of five Senators elected in each of the 10 provinces,
plus the President and the Deputy President of the Council of Chiefs,
eight Chiefs elected by the Council of Chiefs to represent the eight non-metropolitan
provinces, and six Senators appointed by the President). Thirdly, the
establishment and functions of the Zimbabwe Electoral Commission (with
a slightly enlarged membership) will be mentioned in the Constitution
itself, and the Electoral Supervisory Commission will be abolished.
In more detail the individual clauses of the Bill provide as follows:
This clause sets out the Bill’s short title and dates of commencement
of its provisions.
Clause 2 and
Clause 2 adds a new section 16B to the Constitution in the manner and
for the purposes explained in the introduction to this Memorandum. Clause
21 inserts a new Schedule in the Constitution setting out the land acquired
under the Land Reform Programme which is to be declared acquired under
An example of the type of mischief that may justify the imposition of
the restrictions on the freedom of movement contemplated by this clause
is where, for instance, it is discovered that a person intends to depart
Zimbabwe for purpose of engaging in terrorist training abroad.
Section 23(3) of the Constitution enumerates cases in which discrimination
is not a violation of the protection from discrimination contained in
section 23(1) and (2). This clause proposes to add in section 23(3) a
further permissible ground of discrimination in favour of persons or classes
of persons who have been disadvantaged by unfair discrimination. It also
adds as an impermissible ground discrimination on the basis of physical
Clauses 5, 6,
7, 8, 11, 12, 13, 14, 15, 16 and 21, and First Schedule
These clauses and the First Schedule make consequential amendments to
the Constitution that are required by the reconstitution of Parliament
as a bicameral legislature consisting of a Senate and a House of Assembly.
The effect of this clause is to redefine the procedure Parliamentary Legal
Committee in a manner appropriate to a bicameral legislature. Under the
new section inserted by this clause the Committee will make its report
on a Bill to the House (whether the Senate or the House of Assembly) in
which the Bill originates.
This clause proposes to abolish the Electoral Supervisory Commission constituted
in terms of section 61 of the Constitution. In its place the establishment
and functions of the Zimbabwe Electoral Commission (already in existence
by virtue of the Zimbabwe Electoral Commission Act [Chapter 2:12]) will
specifically mentioned in the Constitution.
This clause will make it possible for an Act of Parliament to confer on
the Judicial Service Commission additional functions in connection with
the employment, discipline and conditions of service of such officers
and persons employed in connection with the Supreme Court, the High Court
and other courts subordinate to the Supreme Court and the High Court as
are to be specified in such Act.
Clause 23, Second
Schedule and Appendix
This clause and the Second Schedule provide for transitional matters.
In particular, provision is made for first election of Senators conducted
before the dissolution of the present Parliament in terms of the new section
34(1)(a) and (c) of the Constitution as inserted by this Bill.
Presented by the Minister
of Justice, Legal and Parliamentary Affairs
To amend the Constitution of Zimbabwe.
ENACTED by the President and
the Parliament of Zimbabwe.
1 Short title
and dates of commencement
This Act may be cited as the Constitution of Zimbabwe Amendment (No. 17)
the full document
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.