Preamble CHAPTER 1. FOUNDING PROVISIONS 1. The Republic 2. Supremacy of Constitution 3. Founding values and principles 4. National Flag, National Anthem, Public Seal and Coat of arms 5. Tiers of government 6. Languages 7. Promotion of public awareness of Constitution CHAPTER 2. NATIONAL OBJECTIVES 8. Objectives to guide State and all institutions and agencies of Government 9. Good governance 10. National unity, peace and stability 11. Fostering of fundamental rights and freedoms 12. Foreign policy 13. National development 14. Empowerment and employment creation 15. Food security 16. Culture 17. Gender balance 18. Fair regional representation 19. Children 20. Youths 21. Elderly persons 22. Persons with disabilities 23. Veterans of the liberation struggle 24. Work and labour relations 25. Protection of the family 26. Marriage 27. Education 28. Shelter 29. Health services 30. Social welfare 31. Legal aid 32. Sporting and recreational facilities 33. Preservation of traditional knowledge 34. Domestication of international instruments CHAPTER 3. CITIZENSHIP 35. Zimbabwean citizenship 36. Citizenship by birth 37. Citizenship by descent 38. Citizenship by registration 39. Revocation of citizenship 40. Retention of citizenship despite marriage or dissolution of marriage 41. Citizenship and Immigration Board 42. Powers of Parliament in regard to citizenship 43. Continuation and restoration of previous citizenship CHAPTER 4. DECLARATION OF RIGHTS PART 1. APPLICATION AND INTERPRETATION OF CHAPTER 4 44. Duty to respect fundamental human rights and freedoms 45. Application of Chapter 4 46. Interpretation of Chapter 4 47. Chapter 4 does not preclude existence of other rights PART 2. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 48. Right to life 49. Right to personal liberty 50. Rights of arrested and detained persons 51. Right to human dignity 52. Right to personal security 53. Freedom from torture or cruel, inhuman or degrading treatment or punishment 54. Freedom from slavery or servitude 55. Freedom from forced or compulsory labour 56. Equality and non-discrimination 57. Right to privacy 58. Freedom of assembly and association 59. Freedom to demonstrate and petition 60. Freedom of conscience 61. Freedom of expression and freedom of the media 62. Access to information 63. Language and culture 64. Freedom of profession, trade or occupation 65. Labour rights 66. Freedom of movement and residence 67. Political rights 68. Right to administrative justice 69. Right to a fair hearing 70. Rights of accused persons 71. Property rights 72. Rights to agricultural land 73. Environmental rights 74. Freedom from arbitrary eviction 75. Right to education 76. Right to health care 77. Right to food and water 78. Marriage rights PART 3. ELABORATION OF CERTAIN RIGHTS 79. Application of Part 3 80. Rights of women 81. Rights of children 82. Rights of the elderly 83. Rights of persons with disabilities 84. Rights of veterans of the liberation struggle PART 4. ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 85. Enforcement of fundamental human rights and freedoms PART 5. LIMITATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 86. Limitation of rights and freedoms 87. Limitations during public emergency CHAPTER 5. THE EXECUTIVE PART 1. EXECUTIVE AUTHORITY 88. Executive authority PART 2. THE PRESIDENT AND VICE PRESIDENTS 89. The President 90. Duties of President 91. Qualifications for election as President and Vice-President 92. Election of President and Vice-Presidents 93. Challenge to presidential election 94. Assumption of office by President and Vice-Presidents 95. Term of office of President and Vice-Presidents 96. Resignation of President or Vice-President 97. Removal of President or Vice-President from office 98. Presidential immunity 99. Functions of Vice-Presidents 100. Acting President 101. Succession in event of death, resignation or incapacity of President or Vice-President 102. Remuneration of President and Vice-Presidents 103. President and Vice-Presidents and former office-holders not to hold other office or employment PART 3. MINISTERS, DEPUTY MINISTERS AND CABINET 104. Appointment of Ministers and Deputy Ministers 105. Cabinet 106. Conduct of Vice-Presidents, Ministers and Deputy Ministers 107. Accountability of Vice-Presidents, Ministers and Deputy Ministers 108. Tenure of office of Ministers and Deputy Ministers 109. Vote of no confidence in Government PART 4. EXECUTIVE FUNCTIONS 110. Executive functions of President and Cabinet 111. War and peace 112. Power of mercy 113. States of public emergency PART 5. ATTORNEY-GENERAL 114. Attorney-General 115. Removal from office of Attorney-General CHAPTER 6. THE LEGISLATURE PART 1. LEGISLATIVE AUTHORITY 116. The Legislature 117. Nature and extent of legislative authority PART 2. PARLIAMENT 118. Parliament 119. Role of Parliament PART 3. THE SENATE 120. Composition of Senate 121. Qualifications and disqualifications for election as Senator 122. President of Senate 123. Deputy President of Senate PART 4. THE NATIONAL ASSEMBLY 124. Composition of National Assembly 125. Qualifications and disqualifications for election to National Assembly 126. Speaker of National Assembly 127. Deputy Speaker of National Assembly PART 5. TENURE OF MEMBERS OF PARLIAMENT 128. Oath of Member of Parliament 129. Tenure of seat of Member of Parliament PART 6. LEGISLATIVE AND OTHER POWERS 130. Powers and functions of Senate and National Assembly 131. Acts of Parliament and procedure for their enactment 132. Commencement of Acts of Parliament 133. Enrolment of Acts of Parliament 134. Subsidiary legislation PART 7. PROCEDURE IN PARLIAMENT 135. Head of Parliament 136. Persons presiding in Parliament 137. Quorum in Parliament 138. Voting and right of audience in Parliament 139. Standing Orders 140. Presidential addresses and messages to Parliament 141. Public access to and involvement in Parliament 142. Validity of proceedings in Parliament PART 8. DURATION, DISSOLUTION AND SITTINGS OF PARLIAMENT 143. Duration and dissolution of Parliament 144. General election resulting from dissolution of Parliament 145. First sitting of Parliament following general election 146. Sittings and recess periods 147. Lapsing of Bills, motions, petitions and other business on dissolution of Parliament PART 9. GENERAL MATTERS RELATING TO PARLIAMENT 148. Privileges and immunities of Parliament 149. Right to petition Parliament 150. Venue of Parliament 151. Committee on Standing Rules and Orders 152. Parliamentary Legal Committee 153. Remuneration of President of Senate, Speaker and Members of Parliament 154. Clerk of Parliament and other staff CHAPTER 7. ELECTIONS PART 1. ELECTORAL SYSTEMS AND PROCESSES 155. Principles of electoral system 156. Conduct of elections and referendums 157. Electoral Law PART 2. TIMING OF ELECTIONS 158. Timing of elections 159. Filling of electoral vacancies PART 3. DELIMITATION OF ELECTORAL BOUNDARIES 160. Number of constituencies and wards 161. Delimitation of electoral boundaries CHAPTER 8. THE JUDICIARY AND THE COURTS PART 1. THE COURT SYSTEM 162. Judicial authority 163. The judiciary 164. Independence of judiciary 165. Principles guiding judiciary 166. Constitutional Court 167. Jurisdiction of Constitutional Court 168. Supreme Court 169. Jurisdiction of Supreme Court 170. High Court 171. Jurisdiction of High Court 172. Labour Court 173. Administrative Court 174. Other courts and tribunals 175. Powers of courts in constitutional matters 176. Inherent powers of Constitutional Court, Supreme Court and High Court PART 2. APPOINTMENT AND TENURE OF MEMBERS OF JUDICIARY 177. Qualifications of judges of Constitutional Court 183. Judicial officers not to be appointed to more than one court 184. Judicial appointments to reflect society 178. Qualifications of judges of Supreme Court 179. Qualifications of judges of High Court, Labour Court and Administrative Court 180. Appointment of judges 181. Acting judicial appointments 182. Appointment of magistrates and other members of judiciary 185. Oath of office 186. Tenure of office of judges 187. Removal of judges from office 188. Conditions of service and tenure of members of judiciary PART 3. JUDICIAL SERVICE COMMISSION 189. Establishment and composition of Judicial Service Commission 190. Functions of Judicial Service Commission 191. Fairness and transparency of proceedings of Judicial Service Commission PART 4. GENERAL 192. Law to be administered 193. Criminal jurisdiction of courts CHAPTER 9. PRINCIPLES OF PUBLIC ADMINISTRATION AND LEADERSHIP 194. Basic values and principles governing public administration 195. State-controlled commercial entities 196. Responsibilities of public officers and principles of leadership 197. Terms of office of heads of government-controlled entities 198. Legislation to enforce Chapter 9 CHAPTER 10. CIVIL SERVICE 199. Civil Service 200. Conduct of members of Civil Service 201. Minister responsible for Civil Service 202. Establishment and composition of Civil Service Commission 203. Functions of Civil Service Commission 204. Ambassadors and other principal representatives of Zimbabwe 205. Permanent Secretaries CHAPTER 11. SECURITY SERVICES PART 1. GENERAL PROVISIONS 206. National security 207. Security services 208. Conduct of members of security services 209. National Security Council 210. Independent complaints mechanism PART 2. DEFENCE FORCES 211. Defence Forces 212. Function of Defence Forces 213. Deployment of Defence Forces 214. Political accountability for deployment of Defence Forces 215. Minister responsible for Defence Forces 216. Command of Defence Forces 217. Establishment and composition of Defence Forces Service Commission 218. Functions of Defence Forces Service Commission PART 3. POLICE SERVICE 219. Police Service and its functions 220. Minister responsible for Police Service 221. Commissioner-General of Police 222. Establishment and composition of Police Service Commission 223. Functions of Police Service Commission PART 4. INTELLIGENCE SERVICES 224. Establishment of intelligence services 225. Minister responsible for national intelligence service 226. Command or control of national intelligence service PART 5. PRISONS AND CORRECTIONAL SERVICE 227. Prisons and Correctional Service and its functions 228. Minister responsible for Prisons and Correctional Service 229. Commissioner-General of Prisons and Correctional Service 230. Establishment and composition of Prisons and Correctional Service Commission 231. Functions of Prisons and Correctional Service Commission CHAPTER 12. INDEPENDENT COMMISSIONS SUPPORTING DEMOCRACY PART 1. GENERAL 232. Independent Commissions 233. Objectives of independent Commissions 234. Staff of independent Commissions 235. Independence of Commissions 236. Members of independent Commissions to be non-political 237. Appointment and removal from office of members of independent Commissions PART 2. ZIMBABWE ELECTORAL COMMISSION 238. Establishment and composition of Zimbabwe Electoral Commission 239. Functions of Zimbabwe Electoral Commission 240. Disqualifications for appointment to Zimbabwe Electoral Commission 241. Zimbabwe Electoral Commission to report on elections and referendums PART 3. ZIMBABWE HUMAN RIGHTS COMMISSION 242. Establishment and composition of Zimbabwe Human Rights Commission 243. Functions of Zimbabwe Human Rights Commission 244. Reports to and by Zimbabwe Human Rights Commission PART 4. ZIMBABWE GENDER COMMISSION 245. Establishment and composition of Zimbabwe Gender Commission 246. Functions of Zimbabwe Gender Commission 247. Reports by Zimbabwe Gender Commission PART 5. ZIMBABWE MEDIA COMMISSION 248. Establishment and composition of Zimbabwe Media Commission 249. Functions of Zimbabwe Media Commission 250. Reports of Zimbabwe Media Commission PART 6. NATIONAL PEACE AND RECONCILIATION COMMISSION 251. Establishment and composition of National Peace and Reconciliation Commission 252. Functions of National Peace and Reconciliation Commission 253. Reports of National Peace and Reconciliation Commission CHAPTER 13. INSTITUTIONS TO COMBAT CORRUPTION AND CRIME PART 1. ZIMBABWE ANTI-CORRUPTION COMMISSION 254. Establishment and composition of Zimbabwe Anti-Corruption Commission 255. Functions of Zimbabwe Anti-Corruption Commission 256. Application of certain provisions of Chapter 12 to Zimbabwe Anti-Corruption Commission 257. Reports by Zimbabwe Anti-Corruption Commission PART 2. NATIONAL PROSECUTING AUTHORITY 258. Establishment and functions of National Prosecuting Authority 259. Prosecutor-General and other officers 260. Independence of Prosecutor-General 261. Conduct of officers of National Prosecuting Authority 262. Prosecutor-General to report annually to Parliament 263. Other powers of prosecution CHAPTER 14. PROVINCIAL AND LOCAL GOVERNMENT Preamble PART 1. PRELIMINARY 264. Devolution of governmental powers and responsibilities 265. General principles of provincial and local government 266. Conduct of employees of provincial and local governments PART 2. PROVINCES AND PROVINCIAL AND METROPOLITAN COUNCILS 267. Provinces and districts of Zimbabwe 268. Provincial councils 269. Metropolitan councils 270. Functions of provincial and metropolitan councils 271. Committees of provincial and metropolitan councils 272. Chairpersons of provincial and metropolitan councils 273. General provisions relating to provincial and metropolitan councils PART 3. LOCAL GOVERNMENT 274. Urban local authorities 275. Local authorities for rural areas 276. Functions of local authorities 277. Elections to local authorities 278. Tenure of seats of members of local authorities 279. Procedure of local authorities CHAPTER 15. TRADITIONAL LEADERS 280. Traditional leadership 281. Principles to be observed by traditional leaders 282. Functions of traditional leaders 283. Appointment and removal of traditional leaders 284. Remuneration and benefits of traditional leaders 285. National Council and provincial assemblies of Chiefs 286. Functions of National Council and provincial assemblies of Chiefs 287. Integrity and Ethics Committee CHAPTER 16. AGRICULTURAL LAND 288. Interpretation of Chapter 16 289. Principles guiding policy on agricultural land 290. Continuation of rights of State in agricultural land 291. Continuation of rights of occupiers of agricultural land 292. Security of tenure for occupiers of agricultural land 293. Alienation of agricultural land by State 294. Alienation of agricultural land by owners or occupiers 295. Compensation for acquisition of previously-acquired agricultural land 296. Establishment and composition of Zimbabwe Land Commission 297. Functions of Zimbabwe Land Commission CHAPTER 17. FINANCE PART 1. FINANCIAL MANAGEMENT 298. Principles of public financial management 299. Parliamentary oversight of State revenues and expenditure 300. Limits of State borrowings, public debt and State guarantees 301. Allocation of revenues between provincial and local tiers of government PART 2. CONSOLIDATED REVENUE FUND 302. Consolidated Revenue Fund 303. Withdrawals from Consolidated Revenue Fund 304. Charges upon Consolidated Revenue Fund PART 3. AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED REVENUE FUND 305. Appropriations from Consolidated Revenue Fund 306. Authorisation of expenditure in advance of appropriation 307. Unauthorised expenditure PART 4. SAFEGUARDING OF PUBLIC FUNDS AND PROPERTY 308. Duties of custodians of public funds and property PART 5. AUDITOR-GENERAL 309. Auditor-General and his or her functions 310. Appointment of Auditor-General 311. Independence of Auditor-General 312. Remuneration of Auditor-General 313. Removal of Auditor-General from office 314. Staff of Auditor-General PART 6. GENERAL 315. Procurement and other governmental contracts 316. Management of statutory bodies 317. Reserve Bank of Zimbabwe CHAPTER 18. GENERAL AND SUPPLEMENTARY PROVISIONS PART 1. GENERAL PROVISIONS AS TO COMMISSIONS 318. Application of Part 1 319. Commissions to be bodies corporate 320. Membership of Commissions and conditions of service of members 321. Functions and procedure of Commissions 322. Funding of Commissions 323. Commissions to report annually to Parliament PART 2. GENERAL 324. Diligent performance of constitutional obligations 325. Funding of constitutional bodies and other institutions 326. Customary international law 327. International conventions, treaties and agreements 328. Amendment of Constitution 329. Commencement of Constitution, transitional provisions and savings PART 3. INTERPRETATION 330. Application of Part 3 331. General principles of interpretation of the Constitution 332. Definitions 333. References to Chapters, sections, etc 334. Words in singular to include plural, and vice versa 335. Tables and headings 336. References to time 337. References to holders of office 338. References to Parliament 339. Advice and consultation 340. Appointments 341. Resignations 342. Exercise of functions, etc 343. When person not regarded as holding public office 344. Quorum and effect of vacancies in constitutional bodies 345. Inconsistencies between different texts of Constitution FIRST SCHEDULE. NATIONAL FLAG, NATIONAL ANTHEM, NATIONAL COAT OF ARMS AND PUBLIC SEAL (Section 4) PART 1. NATIONAL FLAG PART 2. NATIONAL ANTHEM PART 3. NATIONAL COAT OF ARMS PART 4. PUBLIC SEAL SECOND SCHEDULE. LIMITATIONS ON RIGHTS DURING PUBLIC EMERGENCIES (Section 87) 1. Interpretation in First Schedule 2. Extent to which fundamental human rights or freedoms may be limited 3. Detainees Review Tribunal 4. Basic rights of detainees 5. Review of detainees’ cases 6. Recommendations of review tribunal 7. Released detainees not to be re-detained on same grounds 8. Preservation of detainees’ access to courts THIRD SCHEDULE. OATHS AND AFFIRMATIONS (Sections 94, 104, 114, 122, 123, 126, 127, 128, 185, 259, 272, 310 and 320) Notes OATH OR AFFIRMATION OF LOYALTY OATH OR AFFIRMATION OF OFFICE OATH OR AFFIRMATION OF PRESIDENT AND VICE-PRESIDENTS OATH OR AFFIRMATION OF MINISTER OATH OR AFFIRMATION OF DEPUTY MINISTER OATH OR AFFIRMATION OF MEMBER OF PARLIAMENT JUDICIAL OATH OR AFFIRMATION OATH OR AFFIRMATION OF MEMBER OF PROVINCIAL OR METROPOLITAN COUNCIL FOURTH SCHEDULE. QUALIFICATIONS OF VOTERS (Sections 92, 121, 124, 125 and 158) 1. Qualifications for registration as voter 2. Disqualifications for registration as voter FIFTH SCHEDULE. PROCEDURE AS TO BILLS AND OTHER MATTERS IN PARLIAMENT (Sections 130 and 131) PART 1. INTRODUCTION OF BILLS, MOTIONS AND PETITIONS 1. Interpretation in Fifth Schedule 2. House of origin of Bills 3. Members who may move Bills and motions 4. Parliament not to deal with Money Bills or fiscal motions or petitions except on recommendation of Vice-President, Minister or Deputy Minister PART 2. PROCEDURE REGARDING BILLS 5. Transmission of Bills between Houses 6. Disagreement between Houses 7. Money Bills PART 3. REPORTS OF PARLIAMENTARY LEGAL COMMITTEE 8. Reports of Parliamentary Legal Committee on Bills 9. Reports of Parliamentary Legal Committee on statutory instruments SIXTH SCHEDULE. COMMENCEMENT OF THIS CONSTITUTION, TRANSITIONAL PROVISIONS AND SAVINGS (Sections 329 and 332) PART 1. PRELIMINARY 1. Interpretation in Sixth Schedule 2. Effect of Sixth Schedule PART 2. COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMER CONSTITUTION 3. Commencement of this Constitution 4. Repeal of former Constitution PART 3. FIRST ELECTIONS 5. Saving of existing provincial and electoral boundaries 6. Registration of voters 7. Challenges to first presidential election 8. Electoral Law PART 4. SAVINGS AND TRANSITIONAL PROVISIONS 9. Government succession 10. Continuation of existing laws 11. Interpretation of existing enactments 12. Standing Orders of Parliament 13. Existing officers 14. Special provision for election and tenure of first President and appointment of Vice-Presidents 15. Continuation of certain Executive offices 16. Public Protector 17. Transfer of funds in old Consolidated Revenue Fund 18. Courts and legal proceedings 19. Provisions relating to Prosecutor-General 20. Rights to pension benefits
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 toiled for the progress of our country,
Recognising the need to entrench democracy, good, transparent and accountable governance and the rule of law,
Reaffirming our commitment to upholding and defending fundamental human rights and freedoms,
Acknowledging the richness of our natural resources,
Celebrating the vibrancy of our traditions and cultures,
Determined to overcome all challenges and obstacles that impede our progress,
Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny,
Acknowledging the supremacy of Almighty God, in whose hands our future lies,
Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work,
And, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.
CHAPTER 1. FOUNDING PROVISIONS
1. The Republic
Zimbabwe is a unitary, democratic and sovereign republic.
2. Supremacy of Constitution
This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.
3. Founding values and principles
Zimbabwe is founded on respect for the following values and principles–
supremacy of the Constitution;
the rule of law;
fundamental human rights and freedoms;
the nation’s diverse cultural, religious and traditional values;
recognition of the inherent dignity and worth of each human being;
recognition of the equality of all human beings;
good governance; and
recognition of and respect for the liberation struggle.
The principles of good governance, which bind the State and all institutions and agencies of government at every level, include–
a multi-party democratic political system;
an electoral system based on–
universal adult suffrage and equality of votes;
free, fair and regular elections; and
adequate representation of the electorate;
the orderly transfer of power following elections;
respect for the rights of all political parties;
observance of the principle of separation of powers;
respect for the people of Zimbabwe, from whom the authority to govern is derived;
transparency, justice, accountability and responsiveness;
the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
recognition of the rights of–
ethnic, racial, cultural, linguistic and religious groups;
persons with disabilities;
women, the elderly, youths and children;
veterans of the liberation struggle;
the equitable sharing of national resources, including land;
due respect for vested rights; and
the devolution and decentralisation of governmental power and functions.
4. National Flag, National Anthem, Public Seal and Coat of arms
Zimbabwe has a National Flag, a National Anthem, a Coat of Arms and a Public Seal, which are set out in the First Schedule.
5. Tiers of government
The tiers of government in Zimbabwe are–
the national Government;
provincial and metropolitan councils; and
local authorities, that is to say–
urban councils, by whatever name called, to represent and manage the affairs of people in urban areas; and
rural councils, by whatever name called, to represent and manage the affairs of people in rural areas within the districts into which the provinces are divided.
The following languages, namely Chewa, Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, sign language, Sotho, Tonga, Tswana, Venda and Xhosa, are the officially recognised languages of Zimbabwe.
An Act of Parliament may prescribe other languages as officially recognised languages and may prescribe languages of record.
The State and all institutions and agencies of government at every level must–
ensure that all officially recognised languages are treated equitably; and
take into account the language preferences of people affected by governmental measures or communications.
The State must promote and advance the use of all languages used in Zimbabwe, including sign language, and must create conditions for the development of those languages.
7. Promotion of public awareness of Constitution
The State must promote public awareness of this Constitution, in particular by–
translating it into all officially recognised languages and disseminating it as widely as possible;
requiring this Constitution to be taught in schools and as part of the curricula for the training of members of the security services, the Civil Service and members and employees of public institutions; and
encouraging all persons and organisations, including civic organisations, to disseminate awareness and knowledge of this Constitution throughout society.