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MDC proposed amendments to the Constitutional Amendment (17) Bill, 2005 (H.B. 7, 2005)
Movement for Democratic Change (MDC)
August 27, 2005

Read the Constitution of Zimbabwe Amendment (No. 17) Bill, 2005 with Amendments
Read the Constitution of Zimbabwe Amendment (No. 17) Bill, 2005 - Notes on committee stage amendments

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NEW CLAUSES

By Mr Coltart1:
Between lines 6 and 7 on page 1, to insert the following new clauses, the remaining clauses being renumbered accordingly-

2 Amendment of section 1 of Constitution

"Section 1 of the Constitution is amended by the deletion of "sovereign republic" and the substitution of "one sovereign and democratic republic".


3 Amendment of section 3 of Constitution

Section 3 of the Constitution is amended by insertion after "other law" wherever it occurs of ", custom, conduct or measure".

4 New sections inserted in Chapter I of Constitution

Chapter I of the Constitution is amended by the insertion after section 3 of the following sections-

3A National flag

"The national flag of Zimbabwe is as described and depicted in an Act of Parliament.

3B National anthem

The national anthem of Zimbabwe is as provided for in an Act of Parliament.

3C Coat of arms

The coat of arms of Zimbabwe is as described and depicted in an Act of Parliament.

3D Languages

(1) All indigenous languages spoken in Zimbabwe are recognised.
(2) The official languages are English, Shona and Sindebele.
(3) English is the language of record.

3E Promotion of public awareness of Constitution

The State must promote public awareness of this Constitution by-

(a) translating it into the languages that are used by substantial numbers of people in Zimbabwe and disseminating it as widely as possible;
(b) requiring the teaching of the Constitution in educational institutions and as part of the training of members of the Defence Forces, the Police Service, the Prison Service, the Public Service and members and employees of public authorities; and
(c) encouraging civic organisations to disseminate awareness and knowledge of this Constitution throughout society.".

5 New Chapter substituted for Chapter II of Constitution

Chapter II of the Constitution is repealed and the following Chapter is substituted-


"CHAPTER II

FUNDAMENTAL CONSTITUTIONAL PRINCIPLES AND NATIONAL OBJECTIVES

PART I
FUNDAMENTAL CONSTITUTIONAL PRINCIPLES

4 Authority of the people

(1) The legal and political authority of the State derives from the people of Zimbabwe through-

(a) universal and equal adult suffrage;
(b) an open multi-party system of democratic government; and
(b) regular, transparent, free and fair elections
and must be exercised in accordance with this Constitution solely to serve and protect the people's interests.

(2) Everyone who exercises State power does so on trust for the people of Zimbabwe and must exercise that power within the bounds of lawful authority and in accordance with his or her responsibilities to the people.


5 National unity, peace and stability

(1) All organs and agencies of the State and Government, including local government, and all the people of Zimbabwe, must promote national unity, peace and stability.
(2) The State and Government must make every effort-

(a) to integrate all the peoples of Zimbabwe while recognising their ethnic, religious, political and cultural diversity; and
(b) to promote a culture of co-operation, understanding, appreciation and tolerance of and respect for the customs, traditions and beliefs of others.

6 Democratic principles

(1) The State is based on democratic principles which empower and encourage the active participation of all citizens at all levels of government.
(2) Subject to this Constitution, all the people of Zimbabwe should have access to leadership positions at all levels of government.
(3) Institutions of Government should be broad-based and national in character.
(4) The policies of the State must be guided by the principle of devolution of governmental functions and responsibilities, and the provision of the necessary resources, to the people at appropriate levels.

7 Rule of law

All organs and agencies of the State and Government, including local government, and all persons must observe and uphold this Constitution and the rule of law, and no institution or person stands above the law.


1. If Mr Coltart is not going to be the mover of these amendments, insert the name of the Member who will be doing so.

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