SIXTH SCHEDULE. COMMENCEMENT OF THIS CONSTITUTION, TRANSITIONAL PROVISIONS AND SAVINGS (Sections 329 and 332)
PART 1. PRELIMINARY
1. Interpretation in Sixth Schedule
In this Schedule, unless inconsistent with the context–
- “effective date” means the day on which this Constitution comes wholly into operation in terms of paragraph 3(2);
“existing enactment” means a written law that was in force in Zimbabwe immediately before the effective date, whether as an Act of Parliament or a statutory instrument; “existing law” means an existing enactment or any other law, whatever its nature, that was in force in Zimbabwe immediately before the effective date; “first elections” means–
- the first election for the office of President under this Constitution;
- the first general election of Members of Parliament under this Constitution; and
- the first elections of governing bodies of provincial and metropolitan councils and local authorities; held after the publication day;
“former Constitution” means the Constitution of Zimbabwe that came into operation on the 18th April, 1980, as subsequently amended; “publication day” means the day on which this Constitution, or the statute by which it is enacted, is published in the Gazette in accordance with section 51(5) of the former Constitution.
2. Effect of Sixth Schedule
This Schedule prevails, to the extent of any inconsistency, over all other provisions of this Constitution.
PART 2. COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMER CONSTITUTION
3. Commencement of this Constitution
- This Schedule, together with–
- Chapter 3, relating to citizenship;
- Chapter 4, being the Declaration of Rights;
- Chapter 5, relating to the election and assumption of office of the President;
- Chapter 6, relating to the election of Members of Parliament and the summoning of Parliament after a general election;
- Chapter 7, relating to elections;
- Chapter 9, relating to principles of public administration and leadership;
- section 208, relating to the conduct of members of the security services;
- Chapter 12, in so far as it relates to the Zimbabwe Electoral Commission; and
- Chapter 14, relating to provincial and local government;
come into operation on the publication day.
- Except as otherwise provided in this Schedule, the rest of this Constitution comes into operation on the day on which the President elected in the first elections assumes office.
- Between the publication day and the effective date, the provisions of this Constitution specified in subparagraphs (a) to (i) of subparagraph (1) override the equivalent provisions of the former Constitution.
4. Repeal of former Constitution
Subject to this Schedule, the former Constitution is repealed with effect from the effective date.
PART 3. FIRST ELECTIONS
5. Saving of existing provincial and electoral boundaries
The boundaries of provinces, constituencies and wards as they were immediately before the publication day apply for the purposes of the first elections.
6. Registration of voters
- Any person who was lawfully registered as a voter on a voters’ roll immediately before the publication day is entitled to remain so registered for the purposes of the first elections.
- For the purposes of the first elections, the Registrar-General of Voters is responsible, under the supervision of the Zimbabwe Electoral Commission, for registering voters and compiling voters’ rolls.
- The Registrar-General of Voters, under the supervision of the Zimbabwe Electoral Commission, must conduct a special and intensive voter registration and a voters’ roll inspection exercise for at least thirty days after the publication day.
7. Challenges to first presidential election
Any challenge to the validity of the first presidential election must be heard and determined in accordance with section 93 by the Supreme Court of Zimbabwe constituted under the former Constitution.
8. Electoral Law
The first elections must be conducted in terms of an Electoral Law in conformity with this Constitution.
PART 4. SAVINGS AND TRANSITIONAL PROVISIONS
9. Government succession
The Government constituted under this Constitution is in all respects the successor to the former Government of Zimbabwe.
10. Continuation of existing laws
Subject to this Schedule, all existing laws continue in force but must be construed in conformity with this Constitution.
11. Interpretation of existing enactments
- Unless inconsistent with the context, a reference in any existing enactment to–
- the President must be construed as a reference to the President acting in accordance with this Constitution;
- Parliament must be construed as a reference to–
- the Senate, where the reference relates to a function that is to be exercised by the Senate alone under this Constitution;
- the National Assembly, where the reference relates to any function other than one referred to in subparagraph (i) or the enactment of legislation;
- the House of Assembly must be construed as a reference to the National Assembly;
- the Public Service must be construed as a reference to the Civil Service;
- the Public Service Commission must be construed as a reference to the Civil Service Commission;
- the Prison Service must be construed as a reference to the Prisons and Correctional Service;
- the Prison Service Commission must be construed as a reference to the Prisons and Correctional Service Commission;
- the Commissioner of Prisons must be construed as a reference to the Commissioner-General of the Prisons and Correctional Service;
- the Comptroller and Auditor-General must be construed as a reference to the Auditor-General;
- the Attorney-General, in relation to criminal proceedings, must be construed as a reference to the Prosecutor-General.
- Where this Constitution vests power in a particular person or authority to enact legislation on any matter, and that matter is provided for in an existing enactment made by some other person or authority, the existing enactment has effect as if it had been made by the person or authority with the power to make it under this Constitution.
12. Standing Orders of Parliament
The Standing Orders that were in force immediately before the effective date continue in force as standing orders of the Senate and the National Assembly until they are replaced or amended in accordance with this Constitution.
13. Existing officers
Any person who, immediately before the effective date, held or acted in a public office under the former Constitution continues to hold or act in that office, or the equivalent office under this Constitution, on the same conditions of service until the expiry of his or her term of office under those conditions of service or until he or she resigns, retires or is removed from office in terms of this Constitution or those conditions of service, as the case may be.
14. Special provision for election and tenure of first President and appointment of Vice-Presidents
- Notwithstanding section 92, in the first election and any presidential election within ten years after the first election, candidates for election as President do not nominate persons in terms of that section to stand for election as Vice-Presidents.
- Without delay the person elected as President in any election referred to in subparagraph (1) must appoint not more than two Vice-Presidents, who hold office at his or her pleasure.
- one Vice-President is appointed in terms of subparagraph (2), that person is the first Vice-President for the purposes of this Constitution;
- two Vice-Presidents are appointed in terms of subparagraph (2), the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable exercise his or her official functions through illness or any other cause.
- Notwithstanding section 101 but subject to subparagraphs (5) and (6), if the person elected President in any election referred to in subparagraph (1) dies, resigns or is removed from office–
- the Vice-President or, where there are two Vice-Presidents, the Vice-President who was last nominated to act in terms of subparagraph (3)(b), acts as President until a new President assumes office in terms of subparagraph (5); and
- the vacancy in the office of President must be filled by a nominee of the political party which the President represented when he or she stood for election.
- A political party which is entitled to nominate a person in terms of subparagraph (4)(b) must notify the Speaker of the nominee’s name within ninety days after the vacancy occurred in the office of President, and thereupon the nominee assumes office as President after taking the oath of President in terms of section 94, which oath the nominee must take within forty-eight hours after the Speaker was notified of his or her name.
- In the event of the death, resignation or removal from office of a person who is elected president in an election referred to in subparagraph (1) and who did not represent a political party when he or she stood for election, the Vice-President or, if there are two Vice-Presidents, the Vice-President who was last nominated to act in terms of subparagraph (3)(b), assumes office as President.
15. Continuation of certain Executive offices
Notwithstanding any provision of the former Constitution, the following offices which existed on publication day in terms of Schedule 8 to the former Constitution, namely–
- President and Vice-President;
- Prime Minister and Deputy Prime Minister; and
- Minister and Deputy Minister;
continue in existence until the effective date when the first President assumes office under this Constitution, and the persons who held those offices remain in them accordingly.
16. Public Protector
- The Public Protector Act [Chapter 10:18] is repealed.
- Any matter that was being dealt with by the Public Protector immediately before the effective date must be transferred to the Zimbabwe Human Rights Commission for finalisation.
17. Transfer of funds in old Consolidated Revenue Fund
The funds which, immediately before the effective date, stood to the credit of the Consolidated Revenue Fund established by the former Constitution become the Consolidated Revenue Fund established by this Constitution.
18. Courts and legal proceedings
- In this paragraph “pending constitutional case” means–
- an appeal, application or reference in which an alleged contravention of the Declaration of Rights contained in the former Constitution is in issue; or
- any case in which a constitutional matter, as defined in section 332 of this Constitution, is in issue;
and which, immediately before the effective date, is pending before the Supreme Court of Zimbabwe constituted under the former Constitution.
- Notwithstanding section 166, for seven years after the effective date, the Constitutional Court consists of–
- the Chief Justice and the Deputy Chief Justice; and
- seven other judges of the Supreme Court;
who must sit together as a bench to hear any constitutional case.
- A vacancy on the Constitutional Court occurring in the first seven years after the effective date must be filled by another judge or an additional or acting judge, as the case may be, of the Supreme Court.Provided that a vacancy in the office of Deputy Chief Justice occurring during that period must be filled in accordance with section 180(2) and (3).
- Until different provision is made by or under an Act of Parliament–
- rules may be made under the Supreme Court Act [Chapter 7:13] to regulate the procedure of the Constitutional Court;
- the rules of the Supreme Court apply, with any necessary changes, to the procedure of the Constitutional Court in relation to any matter that is not provided for in rules made in terms of subparagraph (a);
but any such rules, in so far as they apply to the procedure of the Constitutional Court, must be consistent with section 85 and Chapter 8.
- The Supreme Court of Zimbabwe, the High Court of Zimbabwe, the Labour Court and the Administrative Court, as established immediately before the effective date, are constituted respectively as the Supreme Court, the High Court, the Labour Court and the Administrative Court under this Constitution, and any decision of those courts given before the effective date has effect accordingly.
- Every person who, immediately before the effective date, presided over the Labour Court or the Administrative Court becomes a judge of the Labour Court or the Administrative Court, as the case may be, on the same conditions of service as apply on that date to judges of the High Court, his or her length of service as a President of the Labour Court or the Administrative Court being deemed to be service as a judge of the High Court.
- The magistrates courts, traditional courts and any other courts that were established by an Act of Parliament before the effective date continue in existence on and after that day as if they had been established by an Act referred to in section 174, and the decisions of those courts given before the effective date have effect accordingly.
- Any pending constitutional case–
- in which the argument from the parties has not been heard before the effective date must be transferred to the Constitutional Court constituted in terms of subparagraph (2);
- in which the argument from the parties has been heard by the effective date must be completed by the Supreme Court unless all the parties to the case agree to it being referred to the Constitutional Court constituted in terms of subparagraph (2), in which event the Supreme Court must refer the case to that Court.
- All cases, other than pending constitutional cases, that were pending before any court before the effective date may be continued before that court or the equivalent court established by this Constitution, as the case may be, as if this Constitution had been in force when the cases were commenced, but–
- the procedure to be followed in those cases must be the procedure that was applicable to them immediately before the effective date; and
- the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of Chapter 4 of this Constitution.
- For the purposes of subparagraph (9)–
- a criminal case is deemed to have commenced when the accused person pleaded to the charge;
- a civil case is deemed to have commenced when the summons was issued or the application was filed, as the case may be.
19. Provisions relating to Prosecutor-General
- Any decision made or action taken before the effective date by or on behalf of the Attorney-General in relation to criminal proceedings is deemed, on and after that day, to have been made or taken by or on behalf of the Prosecutor-General.
- The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day.
20. Rights to pension benefits
A vested or contingent right in regard to a pension benefit which existed immediately before the effective date and was protected by the former Constitution continues to exist and enjoy the same protection under this Constitution.