But it does more than just describing the nutsandbolts of the functioning of the state. A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000 in practice, the 2008 powersharing deal provided the. The cybercrime bill has very contentious omissions that render too much volition to state agents to define law for citizens, thus leaving citizens vulnerable to abuse. The preamble to the declaration of rights commerce as follows. Every person has a right to personal liberty, but a person can lawfully be deprived of liberty upon reasonable suspicion that he or she has committed or is about to. Zimbabwe is currently undertaking a constitution making process partly to fulfil provisions of the global political agreement gpa, partly to afford citizens an opportunity to contribute to the making of a democratic indigenous constitution and partly to afford the nation an opportunity to transcend the past of violence, authoritarianism, impunity and arbitrary rule. Some important elements of the 2011 to 20 drafts of the constitution.
Its sets out the new constitution in the schedule to the act. New constitution approved by parliamentary committee, global legal monitor feb. Other substantive provisions of the constitution, particularly those defining socioeconomic rights, cultural or. Key constitutional provisions still not implemented 5 years. If a person is subjected to torture and inhuman and degrading treatment before being charged and. On 18 th april 1980, prince charles formally conferred independence on zimbabwe and on this day, a new constitution agreed under the lancaster house agreement came into force. The equivalent provision in the previous constitution was section 151 in mukoko v attorneygeneral s1211 the court also ruled that s 151 of the constitution prohibits absolutely torture or inhuman or degrading punishment or treatment.
Major changes to constitution coming zimbabwe situation. Smiths campaign for acceptance of the draft constitution by white voters in a referendum on 30 january, 1979 and the results of the referendum. Debating the inconsistencies between constitutional. Government developed the national health strategy for zimbabwe 20162020 which seeks to. This constitution was drafted in lancaster as a cease fire and transitional document. A summary of the amendments to the 1980 constitution of zimbabwe lancaster house constitution editorial by the editors issue 22014. Prior to the lancaster house constitutional conference of 1978 a series of meetings convened by britain to design a roadmap for and negotiate the terms of an independence constitution for zimbabwe constitutional reform in the country was characterized by a pattern of political exclusion where the rhodesian government sought to maintain. A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000. Commentary on the criminal law codification and reform act chapter 9. Analysis as zimbabwe continues with the contentious constitutionmaking process which continues to drag on three years behind schedule, it should be inspired and draw some critical lessons from. Legislation online parliament of zimbabwe pdf of constitution doc. Key constitutional provisions still not implemented 5. Zimbabwe is a unitary, democratic and sovereign republic.
Zimbabwe also ratified key womens rights instruments in fulfilment of the provisions and the spirit of the bpa viz. Zimbabwe act 1979 chapter 60 arrangement of sections section 1. Basic values and principles governing public administration. Section 73 makes provisions for environmental rights.
Chapter 1 founding provisions chapter 2 national objectives chapter 3 citizenship. The amendment also introduced a provision for the parliament to regulate by law the. Special provision for election and tenure of first. The lancaster house agreement was signed on 21 st december. Enacted by the president and the parliament of zimbabwe. Removal of member of zimbabwe electoral commission from office. Powers exercisable in connection with zimbabwe s be coming independent. The lancaster house constitution was the first supreme law of the land. For instance, there is no clarity or certainty on what the law means by ounlawful access. The zimbabwe constitution does make provision for constitutional supremacy.
Zimbabwes 20 constitution provides a strong legal framework for the promotion and attainment of gender equality and womens empowerment. A constitutional provision is a specifically designated rulelaw within a nation or states constitution. This act repeals and replaces the existing constitution of 1979. Despite the enactment of constitution of zimbabwe amendment no. Section 2 constitutional provisions zimbabwe legal. As the constitution is clear on liberties and youth participation, there is need to remove. Zimbabwe draft constitution, copac website last visited mar.
The constitution of zimbabwe adopted in 20 represents a major milestone in the development of constitutional democracy in zimbabwe. According to university of zimbabwe economist, tony hawkins, in 2000, zimbabwe farms produced 3. Notwithstanding the various challenges that confronted the constitution making process, the new constitution remains. However, most people including lawyers have only the vaguest idea of. The new constitution of zimbabwe has a number of provisions which it ushered in which were not clearly articulated in the old constitution. However constitution building is a process and not an event. Mar 08, 2015 via major changes to constitution coming the sunday mail mar 8, 2015.
As zimbabwe marks five years after the adoption of the current constitution, a number of important provisions remain unimplemented, raising fears the harmonized elections set for later this year. Provision for the right to health under section 76 of the constitution. Mar 27, 2020 a constitutional provision is a specifically designated rulelaw within a nation or states constitution. The study argues that the provisions for devolution in the 20 constitution are inconsequential and betray a lack of political will by the central. Significant changes to the constitution which was adopted in 20 are in the works as government seeks to trim a bloated public payroll that gobbles around 90 percent of the annual budget.
Zimbabwe country constitutional profile constitutionnet. A history of zimbabwe, 18902000 and postscript, zimbabwe. Provision in event of zimbabwe becoming a member of the commonwealth. These provisions were found in s 4 of the previous constitution. Further, zimbabwe is a state party to key regional and international human rights instruments.
Constitution of zimbabwe this social order is important in the enjoyment of human rights, as provided for in article 28 of the udhr. We the people of zimbabwe, united in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, exalting and extolling the brave men and women who sacrificed their lives during the chimurenga umvukela and national liberation struggles, honouring our forebears and compatriots who. Application of certain provisions of chapter 12 to zimbabwe anticorruption. Final papers from the 2017 national symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf more. This act may be cited as the constitution of zimbabwe amendment no. The common law of zimbabwe is primarily the romandutch law as per the provisions of section 192 of the constitution of zimbabwe. Subject to the provisions of this constitution, the executive powers of the federation. It is the view of zimbabwe lawyers for human rights zlhr that the bill raises serious concerns, and the portfolio committee. Constitution of zimbabwe 20 pdf format note by veritas the new zimbabwe constitution was enacted by the constitution of zimbabwe amendment no. Government developed the national health strategy for zimbabwe 20162020 which seeks to achieve zequity and quality in health. The constitution and the constitutional process in zimbabwe.
Are disability laws in zimbabwe compatible with the. Votes of twothirds of the assembly chapter vi the judicature part i the high court. Provisions to ensure independence of zimbabwe electoral commission. The people of all nationalities in china have jointly created a splendid culture and have a glorious revolutionary tradition. The zimbabwe constitution contains a number of important provisions in chapter. This constitution is the supreme law of zimbabwe and any law, practice, custom or conduct. What is more important is for local spheres of government to have their base, so.
This provision reads that the law to be administered by the courts of zimbabwe is the law that was in force on the effective date, as subsequently modified. Ownership of the constitution is a problem, as this. Instead, constitutional principles are a basic blueprint of how the country or state, governed by that constitution, will be run. Remuneration, allowances and benefits of members of zimbabwe electoral commission. The state must take all practical measures to ensure the provision of basic, accessible and adequate. The constitution forms the basis of public life in south africa. Our current constitution states that public officers owe a duty to everyone in zimbabwe to observe and uphold the rule of law section 181a, and the kariba draft constitution contains a similar provision. Constitution of the peoples republic of china adopted on december 4, 1982 preamble. Provisions cannot be changed through court or common law, regardless of the circumstances that may arise. The independence constitution of 1980 was the result of the 1979 lancaster house agreement and is sometimes called the lancaster constitution. Oaths to be taken by judges of high court part ii court of appeal. Country report progressive reform in the new constitution of.
The upper house of the parliament approved the draft document on february 7. The constitution of zimbabwe is the supreme law of zimbabwe. These provisions are pointing towards provision of social services as a. The lancaster house agreement was signed on 21 st december 1979. China is one of the countries with the longest histories in the world. Our constitution reflects the hopes and aspirations of a nation. Founding provisions sections 17 zimbabwe is founded on the following values and principles. The new constitution of zimbabwe and its implications for. The constitutional history and the 20 referendum of zimbabwe.
Whereas persons in zimbabwe are entitled, subject to the provisions of this constitution, to the fundamental rights and freedoms of the individual specified in this chapter, and whereas it is the duty of every person to respect and abide by the constitution and the laws of zimbabwe, the provisions of this chapter shall. Members of zimbabwe electoral commission not to be members of political parties. African customary law, customs, and womens rights muna ndulo. A highly contested constitutionmaking process was undertaken by major. It is the view of zimbabwe lawyers for human rights zlhr that the bill raises serious concerns, and the. This constitution to date has been amended 19 times in 32 years. Aligning the administrative justice act with the constitution. In 2012, the ministry of finance estimated output at less than half that 1. Of all these provisions probably the most significant one is section 95 which. Final papers of the 2016 national symposium on the promise of the declaration of rights under the constitution of zimbabwe. These provisions are pointing towards provision of social services as a right.