Constitution of Zimbabwe

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The constitution has been subject of much criticism in Zimbabwe.Largely it has been seen as not pursuing a pan-african agenda. [As amended to No.16 of 20 April 2000]

[Amendments in terms of Act No.5 of 2000 (Amendment No.16) are at sections 16, 16A (Land Acquisition) and 108A (Anti-Corruption Commission).]

Contents 1 amendments 2 summary 3 Chapter I 4 Chapter II 5 Chapter III 6 Chapter IV 7 Chapter V 8 Chapter VI 9 Chapter VII 10 Chapter VIII 11 Chapter IX 12 Chapter X 13 Chapter XI 14 Chapter XII

[edit] amendments

The Constitution of Zimbabwe was published as a Schedule to the Zimbabwe Constitution Order 1979 (S.I. 1979/1600 of the United Kingdom). It has been amended by the following Acts:

25/19811 - Act 25 of 1981 - Constitution of Zimbabwe Amendment (No. 2) Act, 1981 - commenced on 31st July 1981 27/1981 - Act 27 of 1981 - Constitution of Zimbabwe Amendment Act, 1981 - commenced on 10th June 1981 1/1983 - Act 1 of 1983 - Constitution of Zimbabwe Amendment (No. 3) Act, 1983 - Sections 14 and 15 commenced on 22nd April 1983; the remainder commenced on 1st September 1983 4/1984 - Act 4 of 1984 - Constitution of Zimbabwe Amendment (No. 4) Act, 1984 - commenced on 27th April 1984 4/1985 - Act 4 of 1985 - Constitution of Zimbabwe Amendment (No. 5) Act, 1985 - commenced on 5th April 1985 15/1987 - Act 15 of 1987 - Constitution of Zimbabwe Amendment (No. 6) Act, 1987 - commenced on 21st September 1987 23/1987 - Act 23 of 1987 - Constitution of Zimbabwe Amendment (No. 7) Act, 1987 - sections 1 and 21 commenced on 20th November 1987; the remainder commenced on 31st December 1987 4/1989 - Act 4 of 1989 - Constitution of Zimbabwe Amendment (No. 8) Act, 1989 - commenced on 31st March 1989 31/1989 - Act 31 of 1989 - Constitution of Zimbabwe Amendment (No. 9) Act, 1989 - section 22 (b), (d) and (e) com-menced on 11th May 1990; the remainder of the Act commenced on 27th March 1990 15/1990 - Act 15 of 1990 - Constitution of Zimbabwe Amendment (No. 10) Act, 1990 - commenced on 3rd August 1990 30/1990 - Act 30 of 1990 - Constitution of Zimbabwe Amendment (No. 11) Act, 1990 - commenced on 17th April 1991 4/1993 - Act 4 of 1993 - Constitution of Zimbabwe Amendment (No. 12) Act, 1993 - sections 1 to 5 and 12 commenced on 1st November 1993; section 9 re Defence Forces commenced on 1st July 1994; section 9 re Prison Service and section 11 re Prison Service commenced on 18th August 1995; section 9 re Police Force commenced on 1st October 1995; sections 6, 7, 8, 10, and 13 re Public Service commenced on 10th March 1996 9/1993 - Act 9 of 1993 - Constitution of Zimbabwe Amendment (No. 13) Act, 1993 - commenced on 5th November 199 14/1996 - Act 14 of 1996 - Constitution of Zimbabwe Amendment (No. 14) Act, 1996 - commenced on 6th December 1996 10/1998 - Act 10 of 1998 - Constitution of Zimbabwe Amendment (No. 15) Act, 1998 - commenced on 30th June 1998 5/2000 - Act 5 of 2000 - Constitution of Zimbabwe Amendment (No. 16) Act, 2000 - commenced on 20th April 2000

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[edit] summary

[edit] Chapter I

The Republic and the Constitution

1. The Republic. 2. Public seal. 3. Supreme law.

[edit] Chapter II

Citizenship

4. Citizens of Zimbabwe on Independence. 5. Citizenship by birth. 6. Citizenship by descent. 7. Citizenship by registration. 8. [Repealed.] 9. Powers of Parliament in relation to citizenship. 10. Interpretation.

[edit] Chapter III

The declaration of Rights

11. Preamble. 12. Protection of right to life. 13. Protection of right to personal liberty. 14. Protection from slavery and forced labour. 15. Protection from inhuman treatment. 16. Protection from deprivation of property. 16A. Agricultural land acquired for resettlement. 17. Protection from arbitrary search or entry. 18. Provisions to secure protection of law. 19. Protection of freedom of conscience. 20. Protection of freedom of expression. 21. Protection of freedom of assembly and association. 22. Protection of freedom of movement. 23. Protection from discrimination on the grounds of race, etc. 24. Enforcement of protective provisions. 25. Savings in the event of public emergencies. 26. Interpretation and other savings.

[edit] Chapter IV

The Executive

PART 1

The President

27. The President. 28. Qualifications and election of President. 29. Tenure of office of President. 30. Presidential immunity. 31. Acting President. 31A. Remuneration of President. 31B. President and former Presidents not to hold other offices.

PART 2

Vice-Presidents, Ministers and Cabinet

31C. Vice-Presidents. 31D. Ministers and Deputy Ministers. 31E. Tenure of office of Vice-Presidents, Ministers and Deputy Ministers. 31F. Vote of no confidence in Government. 31G. Cabinet.

PART 3

Executive Functions

31H. Executive functions of President. 31I. Prerogative of mercy. 31J. Public emergencies. 31K. Extent to which exercise of President’s functions justiciable.

[edit] Chapter V

Parliament

PART 1

Legislative Authority

32. Legislative authority.

PART 2

33-37. [Repealed]

PART 3

Composition of Parliament, Speaker and Deputy Speaker and Parliamentary Legal Committee

38. Composition of Parliament. 39. Election of Speaker and Deputy Speaker. 40. Tenure of office of Speaker and Deputy Speaker. 40A. Parliamentary Legal Committee. 40B. Functions of Parliamentary Legal Committee.

PART 4

General Matters Relating to Parliament

41. Tenure of seats of members. 42. Members sentenced to death or to imprisonment. 43. Expulsion or suspension of members convicted of certain offences. 44. Oath of loyalty. 45. Remuneration of Speaker. 46. President’s power to address and attend Parliament. 47. Vice-Presidents, Ministers, Deputy Ministers and Attorney-General in Parliament. 48. Clerk of Parliament and other staff thereof. 49. Privileges of Parliament and members and officers thereof.

PART 5

Powers and Procedure of Parliament

50. Legislative powers. 51. Mode of exercising legislative powers. 52. Alteration of the Constitution. 53. Enrolment of Acts. 54. Quorum. 55. Validity of proceedings. 56. Voting. 57. Standing Orders.

PART 6

Elections and Sessions

58. Elections. 59. Delimitation Commission. 60. Delimitation of constituencies. 61. Electoral Supervisory Commission. 62. Sessions. 63. Prorogation or dissolution.

[edit] Chapter VI

[Repealed]

[edit] Chapter VII

The Public Service

73. Public Service. 74. Public Service Commission. 75. Functions of Public Service Commission. 76. Attorney-General. 77. Secretaries of Ministries, etc. 78. Principal representatives of Zimbabwe abroad.

[edit] Chapter VIII

The Judiciary

79. Judicial authority. 79A. Judiciary. 79B. Independence of judiciary. 80. Supreme Court. 81. High Court and criminal jurisdiction of other courts. 82. Qualifications of judges. 83. Oath of office. 84. Appointment of judges. 85. Acting judges. 86. Tenure of office of judges. 87. Removal of judges from office. 88. Remuneration of judges. 89. Law to be administered. 90. Judicial Service Commission. 91. Functions of Judicial Service Commission. 92. Persons presiding over special courts.

[edit] Chapter IX

The Police Force

93. Police Force and Commissioner of Police. 94. Police Service Commission. 95. Functions of Police Service Commission.

[edit] Chapter X

The Defence Forces

96. Defence Forces and command thereof. 97. Defence Forces Service Commission. 98. Functions of Defence Forces Service Commission.

Chapter XA

The Prison Service

99. Prison Service and Commissioner of Prisons. 100. Prison Service Commission. 100A. Functions of Prison Service Commission.

[edit] Chapter XI

Finance

101. Consolidated Revenue Fund. 102. Withdrawals from Consolidated Revenue Fund or other public fund. 103. Authorisation of expenditure from Consolidated Revenue Fund. 104. Public debt. 105. Comptroller and Auditor-General. 106. Functions of Comptroller and Auditor-General.

[edit] Chapter XII

Miscellaneous Provisions

PART 1

General

107. Ombudsman and Deputy Ombudsman. 108. Functions of Ombudsman. 108A. Anti-Corruption Commission. 109. General provisions as to Commissions, etc. 110. Tenure of office of certain persons. 111. Chiefs and Councils of Chiefs. 111A. Provincial, district or regional governors. 111B. Effect of international conventions, etc. 112. Pensions.

PART 2

Interpretation

113. Interpretation. 114. Supplementary provisions. SCHEDULE 1: Oaths and Affirmations. SCHEDULE 2: Savings in the event of Public Emergencies. SCHEDULE 3: Qualifications for Members of Parliament and Voters. SCHEDULE 4: Procedure with regard to Bills and other matters in Parliament. SCHEDULE 5: [Repealed.] SCHEDULE 6: Pensions.

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