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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


  • Constitution of Zimbabwe Amendment (No. 19) Bill - Zanu PF draft
    November 17, 2008

    Read the MDC-T Draft Bill

    Read the Bill as gazetted 12 December, 2008

    Download this legislation
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    MEMORANDUM

    This Bill will amend the Constitution in the following principal respects: firstly, to substitute the Chapter on Citizenship by another Chapter making more comprehensive provision on the same topic; secondly, to make specific provision for the appointment and functions of the committee of Parliament known as the Committee on Standing Rules and Orders; thirdly, to provide that the appointment by the President of the chairperson of Zimbabwe Electoral Commission, and of the members of the Anti-Corruption Commission, must be done in consultation with the Committee on Standing Rules and Orders; fourthly to provide for the appointment and functions of a Zimbabwe Media Commission; and finally to make certain transitional amendments pursuant to the agreement between the Presidents of the Zimbabwe African National Union-Patriotic Front (ZANU-PF) and the two formations of the Movement for Democratic Change (MDC), on resolving the challenges facing Zimbabwe, which was signed at Harare on the 15th September, 2008 (referred to in this Memorandum and Bill as the “Interparty Political Agreement”).
    In more detail the individual clauses of the Bill provide as follows:

    Clause 1
    This clause sets out the Bill’s short title.

    Clause 2
    This clause defines a couple of terms for the purpose of this Bill.

    Clause 3
    This clause seeks to substitute Chapter II of the Constitution (“Citizenship”) by another Chapter making more comprehensive provision on the topic of citizenship.

    Clause 4
    This clause seeks to correct certain cross-references contained in section 41 of the Constitution (which previously cross-referred to members of the House of Assembly only) so as to make clear, for instance, that the “anti-defection” provisions of section 41(1)(e) apply to elected Senators as well as members of the House of Assembly.

    Clauses 5
    This clause seeks to omit from section 57(2) of the Constitution the incidental reference to the Committee on Standing Rules and Orders, for which fuller provision is to be made under Clause 6.

    Clause 6
    This clause seeks to include a new section in the Constitution that makes specific provision for the appointment and functions of the committee of Parliament known as the Committee on Standing Rules and Orders. However, for the period during which the Interparty Political Agreement subsists, the composition of this Committee will be as specified under subclause (2) of this clause.

    Clause 7
    This clause seeks to provide that the appointment by the President of the chairperson of Zimbabwe Electoral Commission must be done in consultation with the Committee on Standing Rules and Orders. Other amendments will fix that the term of office of members of the Commission at six years (renewable for one more consecutive term) and specify in broad terms the qualifications of members of the Commission.

    Clause 8
    This clause seeks to provide that the appointment by the President of the members of the Zimbabwe Anti-Corruption Commission must be done in consultation with the Committee on Standing Rules and Orders.

    Clause 9
    This clause seeks to provide for the appointment and functions of a new constitutional commission to be called the Zimbabwe Media Commission.

    Clause 10
    This clause seeks to amend the interpretation section of the Constitution by revising the definition of “Committee on Standing Rules and Orders” in conformity with the amendment made under clause 6.

    Clauses 11 and 12
    These clauses will insert a new section and Schedule in the Constitution providing for certain transitional amendments in connection with the new (but possibly temporary) office of Prime Minister and other matters pursuant to the Interparty Political Agreement. Since it is proposed to hold a referendum on a new Constitution within two years, this office may fall away or be retained, depending on the outcome of the referendum. If the referendum rejects the new Constitution, or the Interparty Political Agreement is for any reason terminated, the Constitution will continue in force as if not amended by the Schedule.

    Clauses 13
    This clause anticipates any legal challenge grounded in section 31E of the Constitution to the validity of anything done pursuant to the exercise of the functions of a Vice-President, Minister and Deputy Minister between the date when Parliament was dissolved on the 29th March, 2008, and the date when this Bill becomes an Act.

    1st Draft: 17th November, 2008


    BILL
    To amend the Constitution of Zimbabwe.

    ENACTED by the President and the Parliament of Zimbabwe.

    1 Short title
    This Act may be cited as the Constitution of Zimbabwe Amendment (No. 19) Act, 2008.

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