Constitution of Zimbabwe, Zimbabwe

16 Protection from deprivation of property

(1) Subject to section sixteen A, no property of any description or interest or right therein shall be compulsorily

acquired except under the authority of a law that— [Subsection amended by section 2 of Act 5 of 2000 - Amendment No. 16]

(a) requires—

(i) in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilization of that or any other land—

A. for settlement for agricultural or other purposes; or

B. for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources; or

C. for the relocation of persons dispossessed in consequence of the utilization of land for a

purpose referred to in subparagraph A or B;
or

(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public;

and
[Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]

(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and

[Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]

(c)

subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the

acquisition before or within a reasonable time after acquiring the property, interest or right; and [Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]

(d)

requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other

court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and [Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(e)

enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and

[Paragraph as substituted by section 3 of Act 9 of 1993 - Amendment No. 13]

(f) enables any claimant for compensation to apply to the High Court or some other court for the determination

of any question relating to compensation and to appeal to the Supreme Court:
Provided that the law need not make such provision where—

(i)

the property concerned is land or any interest or right therein; and

(ii)

the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilization of wild life or other natural resources; and

(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).

[Paragraph as inserted by section 3 of Act 9 of 1993 - Amendment No. 13 and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14]

(2) …

[Subsection substituted by section 6 of Act 30 of 1990 - Amendment No. 11 and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14 and repealed by section 2 of Act 5 of 2000 - Amendment No. 16]

(2a) …
[Subsection repealed by section 2 of Act 5 of 2000 - Amendment No. 16.
Originally inserted by section 7 of Act No. 14 of 1996 - Amendment No. 14]

(3)

Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such a right shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.

(4)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question authorizes the taking of possession of property compulsorily during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to such emergency or disaster and makes provision that—

(a)

requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;

(b)

enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;

(c)

requires the acquiring authority to apply within thirty days of such notification to the High Court or some

other court for a determination of its entitlement to take possession;
[Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(d) requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation;

[Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(e) requires—

(i)

when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the property in the condition in which it was at the time of the taking of possession; and

(ii)

the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to return the property in accordance with subparagraph (i) or for any damage to the property;

[Subparagraph as amended by section 6 of Act 30 of 1990 - Amendment No. 11]

and

(f) enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and for the determination of any question relating to compensation, and to appeal to the Supreme Court.

[Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(5) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question imposes or authorizes the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 6, on the remittability of any commutation of a pension.

[Subsection as inserted by section 3 of Act 9 of 1993 - Amendment No. 13]

(6) ….. [Subsection repealed by section 6 of Act 30 of 1990 - Amendment No. 11]

(7) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases—

(a)

in satisfaction of any tax or rate;

(b)

by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in consequence of a breach of the law or in pursuance of any order referred to in section 13(2)(b);

[Paragraph as amended by section 6 of Act 30 of 1990 - Amendment No. 11]

(c)

upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;

(d)

as an incident of a contract, including a lease or mortgage, which has been agreed between the parties to the contract, or of a title deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;

(e)

in execution of the judgment or order of a court in proceedings for the determination of civil rights or obligations;

(f)

by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;

(g)

in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;

(h)

as a condition in connection with the granting of permission for the utilization of that or other property in any particular manner;

(i)

by way of the taking of a sample for the purposes of a law;

(j)

where the property consists of an animal, upon its being found trespassing or straying;

(k)

for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;

(l)

in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of—

(i)

work for the purpose of the conservation of natural resources of any description; or

(ii)

agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;

(m)

in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;

(n)

for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;

(o)

for the purposes of, or in connection with, the exploitation of underground water or public water which is

vested in the President on terms which provide for the respective interests of the persons affected; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(8) Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases—

(a)

for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;

(b)

by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organization which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;

(c)

by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;

(d)

as an incident of—

(i)

a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more than fifty per centum of the total value of proved claims; or

(ii)

a deed of assignment entered into by a debtor with his creditors;

(e)

by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class thereof.

(9)

Nothing in this section shall affect the making or operation of any law in so far as it provides for—

(a)

the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or

(b)

the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.

(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person. [Subsection as inserted by section 6 of Act 30 of 1990 - Amendment No. 11]

(9b) Nothing in this section shall affect or derogate from—

(a) any obligation assumed by the State; or

(b) any right or interest conferred upon any person; in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organizations.

[Subsection inserted by section 7 of Act No. 14 of 1996 - Amendment No. 14]

(10) In this section— “acquiring authority” means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein; “agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;

“land” includes anything permanently attached to or growing on land;
[Definition as inserted by section 6 of Act 30 of 1990 - Amendment No. 11]

“pensions benefits” means any pension, annuity, gratuity or other like allowance—

(a)

which is payable from the Consolidated Revenue Fund to any person;

(b)

for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;

(c)

for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or

(d) for any person upon his retirement on account of age or ill-health or other termination of service; “piece of land” means a piece of land registered as a separate entity in the Deeds Registry.

17 Protection from arbitrary search or entry

(1)

Except with his own consent or by way of parental discipline, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision—

(a)

in the interests of defence, public safety, public order, public morality, public health or town and country planning;

(b)

without derogation from the generality of the provisions of paragraph (a), for the enforcement of the law in circumstances where there are reasonable grounds for believing that the search or entry is necessary for the prevention, investigation or detection of a criminal offence, for the seizure of any property which is the subject-matter of a criminal offence or evidence relating to a criminal offence, for the lawful arrest of a person or for the enforcement of any tax or rate;

(c)

for the purposes of a law which provides for the taking of possession or acquisition of any property or interest or right therein and which is not in contravention of section 16;

(d)

for the purpose of protecting the rights and freedoms of other persons;

(e)

that authorizes any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on those premises; or

(f)

that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the

search of any person or property by order of a court or the entry upon any premises by such order; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(3) A law referred to in subsection (2) which makes provision for the search of the person of a woman shall require that such search shall, unless made by a medical practitioner, only be made by a woman and shall be conducted with strict regard to decency.

18 Provisions to secure protection of law

(1) Subject to the provisions of this Constitution, every person is entitled to the protection of the law.
[Subsection as amended by section 3 of Act 4 of 1993 - Amendment No. 12]

(2) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(3)

Every person who is charged with a criminal offence—

(a)

shall be presumed to be innocent until he is proved or has pleaded guilty;

(b)

shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

(c)

shall be given adequate time and facilities for the preparation of his defence;

(d)

shall be permitted to defend himself in person or, save in proceedings before a local court, at his own expense by a legal representative of his own choice;

(e)

shall be afforded facilities to examine in person or, save in proceedings before a local court, by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f)

shall be permitted to have without payment the assistance of an interpreter if he cannot understand the

language used at the trial of the charge; and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(4)

When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(5)

No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(6)

No person who shows that he has been tried by a competent court for a criminal offence upon a good indictment, summons or charge upon which a valid judgment could be entered and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save—

(a) where a conviction and sentence of the High Court or of a court subordinate to the High Court are set aside on appeal or review on the ground that evidence was admitted which should not have been admitted or that evidence was rejected which should have been admitted or on the ground of any other irregularity or defect in the procedure; or

[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(b) otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review pro

ceedings relating to the conviction or acquittal.
[Paragraph as amended by section 3 of Act 4 of 1993 - Amendment No. 12]

(7)

No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(8)

No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(9) Subject to the provisions of this Constitution, every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations.

[Subsection as amended by section 3 of Act 4 of 1993 - Amendment No. 12]

(10) Except in the case of a trial such as is referred to in subsection (14) or with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

(11)

Nothing in subsection (10) shall prevent—

(a)

the court or other adjudicating authority from excluding from the proceedings, except the announcement of its decision, persons other than the parties thereto and their legal representatives to such extent as the court or other authority—

(i)

may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings; or

(ii)

may by law be empowered or required so to do in the interests of defence, public safety, public

order or the economic interests of the State;
or

(b) the court from excluding from proceedings preliminary to trial in respect of a criminal offence persons other than the accused person and his legal representative when so required by law, unless the accused person otherwise requests.

(12)

Notwithstanding anything contained in subsection (4), (10) or (11), if in any proceedings before such court or other adjudicating authority as is referred to in subsection (2) or (9), including any proceedings by virtue of section 24, a certificate in writing is produced to the court or other authority signed by a Minister that it would not be in the public interest for any matter to be publicly disclosed, the court or other authority shall make arrangements for evidence relating to that matter to be heard in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter.

(13)

Nothing contained in or done under the authority of any law shall be held to be in contravention of—

(a)

subsection (2), (3)(e) or (9) to the extent that the law in question makes reasonable provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings;

(b)

subsection (3)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

(c)

subsection (3)(e) to the extent that the law in question imposes reasonable conditions which must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;

(d)

subsection (6) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the appropriate disciplinary law, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law; or

(e)

subsection (8) to the extent that the law in question authorizes a court, where the person who is being tried refuses without just cause to answer any question put to him, to draw such inferences from that refusal as are proper and to treat that refusal, on the basis of such inferences, as evidence corroborating any other evidence given against that person.

(14)

In the case of a person who is held in lawful detention, the provisions of subsection (2) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention, save that the case of such person shall be afforded a fair hearing within a reasonable time, and the person or authority conducting the trial shall be regarded as a court for the purposes of this section.

(15)

For the purposes of this section, a local court shall not be regarded as not being an independent and impartial court by reason of—

(a)

the fact that a member of the court has an interest in the proceedings because of his position in the tribal society; or

(b)

the traditional or customary tribal practices and procedures.

19 Protection of freedom of conscience

(1)

Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of conscience, that is to say, freedom of thought and of religion, freedom to change his religion or belief, and freedom, whether alone or in community with others, and whether in public or in private, to manifest and propagate his religion or belief through worship, teaching, practice and observance.

(2)

Except with his own consent or, if he is a minor, the consent of his parent or guardian, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(3)

No religious community shall be prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not that community is in receipt of any subsidy, grant or other form of financial assistance from the State.

(4)

No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.

(5)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) or (3) to the extent that the law in question makes provision—

(a)

in the interests of defence, public safety, public order, public morality or public health;

(b)

for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief; or

(c)

with respect to standards or qualifications to be required in relation to places of education, including any

instruction, not being religious instruction, given at such places; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(6) References in this section to a religion shall be construed as including references to a religious denomination and cognate expressions shall be construed accordingly.

20 Protection of freedom of expression

(1)

Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

(2)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision—

(a)

in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health;

(b)

for the purpose of—

(i)

protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;

(ii)

preventing the disclosure of information received in confidence;

(iii) maintaining the authority and independence of the courts or tribunals or the Senate or the House of

Assembly; [Subparagraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

(iv) regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating any monopoly in these fields;

(v) in the case of correspondence, preventing the unlawful dispatch therewith of other matter; or

(c)

that imposes restrictions upon public officers; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(3)

No religious denomination and no person or group of persons shall be prevented from establishing and maintaining schools, whether or not that denomination, person or group is in receipt of any subsidy, grant or other form of financial assistance from the State.

(4)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (3) to the extent that the law in question makes provision—

(a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or

(b)

for regulating such schools in the interests of persons receiving instruction therein; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(5)

No person shall be prevented from sending to any school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the State.

(6)

The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of expression in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.

21 Protection of freedom of assembly and association

(1)

Except with his own consent or by way of parental discipline, no person shall be hindered in his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or trade unions or other associations for the protection of his interests.

(2)

The freedom referred to in subsection (1) shall include the right not to be compelled to belong to an association.

(3)

Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision—

(a)

in the interests of defence, public safety, public order, public morality or public health;

(b)

for the purpose of protecting the rights or freedom of other persons;

(c)

for the registration of companies, partnerships, societies or other associations of persons, other than political parties, trade unions or employers’ organisations; or

(d)

that imposes restrictions upon public officers; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4)

The provisions of subsection (1) shall not be held to confer on any person a right to exercise his freedom of assembly or association in or on any road, street, lane, path, pavement, side-walk, thoroughfare or similar place which exists for the free passage of persons or vehicles.

22 Protection of freedom of movement

(1)

No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.

(2)

Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be in contravention of subsection (1).

(3) Nothing contained in or done under the authority of any law shall be held to in contravention of subsection

(1)

to the extent that the law in question makes provision—

(a) for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in the national interest, or in the interests of defence, public safety, public order, public morality, public health, the public interest or the economic interests of the State;

[Paragraph as amended by section 3 of Act 5 of 2005 - Amendment No. 17]

(b)

for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;

(c)

for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any person’s right to leave Zimbabwe—

(i)

in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;

(ii)

for proceedings relating to his extradition or lawful removal from Zimbabwe; or

(iii) for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;

(d)

for—

(i) the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe; or

(ii) excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe; whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe;

[Paragraph as substituted by section 8(1) of Act No. 14 of 1996 - Amendment No. 14]

(e)

for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of the court or other adjudicating authority for the purposes of any civil proceedings; or

(f)

for the imposition of restrictions on the residence within Communal Land of persons who are not tribes-people to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being;

[Paragraph as amended by section 23 of Act 23 of 1987]

except, in the case of any provision referred to in paragraphs (a) to (e), so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4) The provisions of subsection (3)(a) shall not be construed as authorizing a law to make provision for exclud

ing or expelling from Zimbabwe any person who is a citizen of Zimbabwe. [Subsection as amended by section 3 of Act 5 of 2005 - Amendment No. 17]

23 Protection from discrimination on the grounds of race, etc.

(1)

Subject to the provisions of this section—

(a)

no law shall make any provision that is discriminatory either of itself or in its effect; and

(b)

no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(2) For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability are prejudiced—

(a)

by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or

(b)

by the according to persons of another such description of a privilege or advantage which is not accorded to

persons of the first-mentioned description; and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability of the persons concerned.

[Subsection as amended by s. 9 of Act No. 14 of 1996 - Amendment No. 14 and by section 4 of Act 5 of 2005 – Amendment No. 17]

(3) Nothing contained in any law shall be held to be in contravention of subsection (1)(a) to the extent that the law in question relates to any of the following matters—

(a)

matters of personal law;
[Paragraph as amended by section 3 of Act 5 of 2005 - Amendment No. 17

(b)

the application of African customary law in any case involving Africans or an African and one or more persons who are not Africans where such persons have consented to the application of African customary law in that case;

(c)

restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;

(d)

qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed, sex, gender, marital status or physical disability, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body corporate established directly by or under an Act of Parliament for a public purpose;

[Paragraph as amended by section 9 of Act No. 14 of 1996 - Amendment No. 14 and by section 4 of Act 5 of 2005]

(e)

the appropriation of public revenues or other public funds; or

(f)

the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal

Land; or
[Paragraph as amended by section 20 of Act 23 of 1987 – Amendment No. 7]

(g) the implementation of affirmative action programmes for the protection or advancement of persons or

classes of persons who have been previously disadvantaged by unfair discrimination.
[Paragraph inserted by section 4 of Act 5 of 2005 - Amendment No. 17]

(3a) Notwithstanding subsection (3)(b), in implementing any programme of land reform the Government shall treat men and women on an equal basis with respect to the allocation or distribution of land or any right or interest therein under that programme.

[Paragraph as inserted by section 4 of Act 5 of 2005 - Amendment No. 17]

(4)

The provisions of subsection (1)(b) shall not apply to—

(a)

anything that is expressly or by necessary implication authorized to be done by any provision of a law that

is referred to in subsection (3); or
[Paragraph as amended by section 9 of Act No. 14 of 1996 - Amendment No. 14]

(b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law.

(5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their sex or gender shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question—

(a)

gives effect to section 7(2) or any other provision of this Constitution; or

(b)

takes due account of physiological differences between persons of different gender; or

(c)

makes provision in the interests of defence, public safety or public morality;

except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. [Subsection inserted by section 9 of Act No. 14 of 1996 - Amendment No. 14 and as amended by section 4 of Act 5 of 2005 – Amendment No. 17]

24 Enforcement of protective provisions

(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress.

[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(3) Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1).

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(4)

The Supreme Court shall have original jurisdiction—

(a)

to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and

(b)

to determine any question arising in the case of any person which is referred to it pursuant to subsection

(2); and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights:

Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.

[Subsection as amended by section 20 of Act 23 of 1987 – Amendment No. 7 and by section 9 of Act 15 of 1990 - Amendment No. 10]

(5)

If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section 16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be declared to be in contravention of the section concerned.

(6)

If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-General shall be entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the Attorney-General shall have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.

(7)

Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody under that law shall be entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for the lodging of such an appeal may have expired.

[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(8) A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(9)

A written law may make provision with respect to the practice and procedure—

(a)

of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and

(b) of subordinate courts in relation to references to the Supreme Court under subsection (2); including provision with respect to the time within which any application or reference shall or may be made or brought.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

25 Savings in the event of public emergencies

Notwithstanding the foregoing provisions of this Chapter, an Act of Parliament may in accordance with Schedule 2 derogate from certain provisions of the Declaration of Rights in respect of a period of public emergency or a period when a resolution under section 31J(6) is in effect.

[Section as amended by section 20 of Act 23 of 1987 – Amendment No. 7]

26 Interpretation and other savings

(1) In this Chapter, unless the context otherwise requires— “child” includes a stepchild and a lawfully adopted child and “parent” and cognate expressions shall be construed accordingly; “court” means any court of law in Zimbabwe, including a local court, but does not, except for the purposes of

section 12 or 14, include a court established by or under a disciplinary law;
[Definition as amended by section 23 of Act 5 of 2005 - Amendment No. 17]

“legal representative” means a legal practitioner who is lawfully in Zimbabwe;
[Definition as substituted by section 20 of Act 23 of 1987]

“parental discipline” includes school or other quasi-parental discipline.

(2)

Nothing contained in or done under the authority of any written law shall be held to be in contravention of the Declaration of Rights to the extent that the law in question—

(a)

is a law with respect to which the requirements of section 52 were applicable and were complied with;

(b)

…. [Paragraph repealed by section 20 of Act 23 of 1987 - Amendment No. 7]

(c)

….. [Paragraph repealed by section 20 of Act 23 of 1987 Amendment No. 7]

(d)

….. [Paragraph repealed by section 20 of Act 23 of 1987 - Amendment No. 7]

[Subsection as amended by section 15 of Act No. 14 of 1996 - Amendment No. 14]

(3)

….. [Subsection repealed by section 20 of Act 23 of 1987 - Amendment No. 7]

(4)

For the purposes of this section, the reference—

(a)

….. [Paragraph repealed by section 20 of Act 23 of 1987- Amendment No. 7]

(b)

in subsection (2) to a written law includes any instrument having the force of law.
[Subsection as amended by section 20 of Act 23 of 1987 - Amendment No. 7]

(5)

In relation to any person who is a member of a disciplined force of Zimbabwe, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be in contravention of any of the provisions of the Declaration of Rights, other than sections 12, 14, 15, 16 and 23.

(6)

In relation to any person who is a member of a disciplined force that is not a disciplined force of Zimbabwe and who is present in Zimbabwe under arrangements made between the Government and the government of some other country or an international organization, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be in contravention of the Declaration of Rights.

(7)

No measures taken in relation to a person who is a member of a disciplined force of a country with which Zimbabwe is at war or with which a state of hostilities exists and no law, to the extent that it authorises the taking of such measures, shall be held to be in contravention of the Declaration of Rights.

CHAPTER IV
THE EXECUTIVE

[Chapter as substituted by section 2 of Act 23 of 1987 – Amendment No. 7]

PART 1

The President

27 The President

(1) There shall be a President who shall be Head of State and Head of Government and Commander-in-Chief of the Defence Forces.

(2) The President shall take precedence over all other persons in Zimbabwe.

28 Qualifications and election of President

(1)

A person shall be qualified for election as President if—

(a)

he is a citizen of Zimbabwe by birth or by descent; and

(b)

he has attained the age of forty years; and

(c)

he is ordinarily resident in Zimbabwe;

(2)

The President shall be elected by voters.
[Subsection as amended by section 2 of Act 15 of 1990 - Amendment No. 10 and by section 23 of Act 5 of 2005 -Amendment No. 17]

(3)

An election to the office of President shall take place within ninety days—

(a)

before the term of office of the President expires in terms of section 29; or

(b)

after the office of President becomes vacant by reason of his death or his resignation or removal from office

in terms of this Constitution; as the case may be.

(4) The procedure for the nomination of candidates for election in terms of subsection (2) and the election of the

President shall be as prescribed in the Electoral Law. [Subsection as amended by section 2 of Act 15 of 1990 - Amendment No. 10]

(5)

A person elected as President shall assume office—

(a)

where he has been elected in accordance with paragraph (a) of subsection (3), on the expiry of the term of office of the previous President;

(b)

where he has been elected in accordance with paragraph (b) of subsection (3), on the day upon which he is

declared to be elected.
[Subsection as amended by section 2 of Act 15 of 1990 - Amendment No. 10]

(6) Before entering upon his office, a person elected as President shall take and subscribe before the Chief Justice or other judge of the Supreme Court or the High Court the oaths of loyalty and office in the forms set out in Schedule 1.

29 Tenure of office of President

(1)

The term of office of the President shall be a period of six years:
Provided that—

(i)

the President shall continue in office until the person elected as President at the next election of President assumes office;

(ii)

…..
[Paragraph repealed by section 9 of Act 15 of 1990 -Amendment No. 10]

(2)

The President may resign his office by lodging his resignation in writing with the Speaker.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]

(3)

The President shall cease to hold office if a report prepared by a joint committee of the Senate and the House of Assembly, appointed by the Speaker in consultation with the President of the Senate upon the request of not fewer than one-third of the members of the House of Assembly, has recommended the removal of the President on the ground—

(a)

that he has acted in wilful violation of this Constitution; or

(b)

that he is incapable of performing the functions of his office by reason of physical or mental incapacity; or

(c)

of gross misconduct; and the Senators and members of the House of Assembly sitting together have resolved by the affirmative votes of not less than two-thirds of their total number that the President should be removed from office.

[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 -Amendment No. 17]

30 Presidential immunity

(1)

The President shall not, while in office, be personally liable to any civil or criminal proceedings whatsoever in any court.

(2)

Without prejudice to the provisions of subsection (1), it shall be lawful to institute civil or criminal proceedings against a person after he has ceased to be President, in respect of—

(a) things done or omitted to be done by him before he became President; or

(b)

things done or omitted to be done by him in his personal capacity during his term of office as President; and, notwithstanding any provision contained in any law relating to prescription or to the limitation of actions, the running of prescription in relation to any debt or liability of the President, whether incurred or accrued before or during his term of office, shall be suspended during his term of office as President.

31 Acting President

(1) Whenever the office of President is vacant or the President is absent from Zimbabwe or is unable to perform the functions of his office by reason of illness or any other cause, his functions shall be assumed and performed—

(a)

where there is only one Vice-President, by that Vice-President; or

(b)

where there are two Vice-Presidents—

(i)

by the Vice-President whom the President has designated for such an eventuality; or

(ii)

by the Vice-President who last acted as President in terms of this section, where neither Vice-

President has been designated for such an eventuality in terms of subparagraph (i); or

(c) during the absence or incapacity of the Vice-President or of both Vice-Presidents, as the case may be, by such Minister as may be designated for such an eventuality—

(i)

by the President; or

(ii)

by the Cabinet, where no Minister has been designated by the President in terms of subparagraph

(i). [Subsection as substituted by section 3 of Act 15 of 1990 - Amendment No. 10]

(2) Except in accordance with a resolution passed by a majority of the whole membership of the Cabinet, a person performing the functions of the office of President in terms of subsection (1) shall not exercise the power of the President—

(a)

to declare war or to make peace; or

(b)

to enter into any international convention, treaty or agreement; or

(c)

subject to the provisions of section 51, to dissolve or prorogue Parliament; or

(d)

to appoint or revoke the appointment of a Vice-President, Minister or Deputy Minister; or
[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(e)

to assign or reassign functions to a Vice-President, Minister or Deputy Minister, including the administration of any Act of Parliament or of any Ministry or department, or to cancel any such assignment of functions.

[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

32 Legislative authority

(1)

The legislative authority of Zimbabwe shall vest in the Legislature which shall consist of the President and Parliament.

(2)

The provisions of subsection (1) shall not be construed as preventing the Legislature from conferring legislative functions on any person or authority.

[Section as substituted by section 4 of Act 31 of 1989 - Amendment No. 9, subsection (2) as inserted by section 5 of Act 4 of 1993 - Amendment No. 12]

33 Parliament Parliament shall consist of two houses, called the Senate and the House of Assembly. [Section inserted by section 6 of Act 5 of 2005 – Amendment No. 17]

PART 2

The Senate

[Part inserted by section 7 of Act 5 of 2005 -Amendment No. 17]

41 Tenure of seats of members

(1)

Subject to the provisions of this section, the seat of a member of Parliament shall become vacant only—

(a)

on his death;

(b)

on the dissolution of Parliament next following his election or appointment;

(c)

if he resigns his seat by notice, in writing, to the President of the Senate or the Speaker, as the case may be,

or to the Clerk of Parliament;
[Paragraph as substituted by section 11 of Act 5 of 2005 - Amendment No. 17]

(d) if he is absent from twenty-one consecutive sittings during any session without the leave of Senate or the House of Assembly, as the case may be, and the Senate or the House of Assembly has resolved, by the affirmative votes of more than one-half of its total membership, that the seat shall become vacant;

[Paragraph as substituted by section 11 of Act 5 of 2005 - Amendment No. 17]

(e)

if, being a member referred to in section 38(1)(a) and having ceased to be a member of the political party of which he was a member at the date of his election to Parliament, the political party concerned, by written notice to the Speaker, declares that he has ceased to represent its interests in Parliament;

(f)

if he becomes President;

(g)

if he becomes Speaker;

(h)

if, being a member referred to in section 38(1)(a), he accepts office as Provincial Governor;

(i)

if, being a member referred to in section 38(1)(b), he ceases to hold office as Provincial Governor;

(j)

if he accepts any public office or office as a member of a statutory body or local authority or employment as an employee of a statutory body or local authority;

(k)

if, being a public officer or a member or employee of a statutory body or local authority at the time he became a member of Parliament, he fails to terminate his appointment or employment as such within fourteen days of the date he became a member of Parliament;

(l)

in the circumstances set out in section 42;

(m)

if he is required, by virtue of the provisions of section 43, to vacate his seat;

(n)

if he is found or declared in accordance with any Act relating to mental health to be mentally disordered or defective as defined in that Act;

(o)

if he is declared by order of the High Court to be incapable of managing his own affairs;

(p)

if he has been convicted of an offence under the Electoral Law and has been declared by the High Court under the powers conferred by the Electoral Law to be disqualified for registration as a voter or from voting at any election;

(q)

if for a continuous period of six months or more he has been the subject of a preventive detention order

under any law providing for the preventive detention of persons.
[Subsection as substituted by section 9 of Act 31 of 1989 - Amendment No. 9]

(2) For the purposes of paragraphs (j) and (k) of subsection (1), a person shall not be deemed to hold public office solely by reason of—

(a)

being a Vice-President, a Minister, Deputy Minister or Provincial Governor; or
[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]

(b)

being a member of any of the Defence Forces whose services in peace-time are not wholly in the service of the State; or

(c)

being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or

(d)

holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or

(e)

being a member of the Council of Chiefs.
[Subsection as substituted by section 9 of Act 31 of 1989 - Amendment No. 9]

(3)

For the purposes of this section—

(a)

any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body;

(b)

“statutory body” means—

(i)

any Commission established by this Constitution;

(ii)

any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution.

[Subparagraph as amended by section 8 of Act 4 of 1989 - Amendment No. 8 and by section 9 of Act 15 of 1990 - Amendment No. 10]

(4) The provisions of this section shall not apply to the Attorney-General.
[Subsection as inserted by section 8 of Act 4 of 1989 – Amendment No. 8]

42 Members sentenced to death or to imprisonment

(1)

Subject to the provisions of this section, in the event of a member of Parliament being convicted—

(a)

within Zimbabwe of a criminal offence; or

(b)

outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would

have been a criminal offence; and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat shall become vacant at the expiration of thirty days from the date of such sentence.

[Subsection as amended by section 9 of Act 4 of 1989 - Amendment No. 8 and by section 26 of Act 31 of 1989 - Amendment No. 9]

(2)

If, during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is lodged, the question whether the member is to vacate his seat shall not be determined until the abandonment or final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless—

(a)

he is granted a free pardon;

(b)

his conviction is set aside;

(c)

his sentence is reduced to a term of imprisonment of less than six months; or

(d)

a punishment other than imprisonment is substituted.

(3)

Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions and receive remuneration as a member for the period during which he ceased to exercise his functions by reason of the provisions of this section.

(4)

For the purposes of this section—

(a)

two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such terms;

(b)

two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;

(c)

a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;

(d)

no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

(5)

The provisions of this section shall not apply to the Attorney-General.
[Subsection as inserted by section 9 of Act 4 of 1989 - Amendment No. 8]

43 Expulsion or suspension of members convicted of certain offences

(1)

Subject to the provisions of this section, if—

(a)

a member of Parliament is convicted of an offence referred to in section 42(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and

(b)

the Senate or the House of Assembly, as the case may be, after taking into account the nature of the offence and the sentence imposed, resolves, by the affirmative votes of not less than two-thirds of its total membership, that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Assembly for such period, not exceeding six months, as the Senate or the House of Assembly may specify;

the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of Parliament for the
period so specified.
[Subsection as substituted by section 10 of Act 31 of 1989 - Amendment No. 9 and as amended by section 23 of Act 5 of 2005 - Amendment No.

17]

(2) A member of the Senate or the House of Assembly who is suspended from the service of the Senate or the House of Assembly in accordance with subsection (1) shall not exercise his functions or be entitled to any remuneration as a member during the period of his suspension.

[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 -Amendment No. 17]

(3) The provisions of this section shall not apply to the Attorney-General.
[Subsection as inserted by section 10 of Act 4 of 1989 - Amendment No. 8]

44 Oath of loyalty

Every member of the Senate or the House of Assembly shall, before taking part in any proceedings thereof, other than proceedings necessary for the purposes of this section, take and subscribe before the Senate or the House of Assembly the oath of loyalty in the form set out in Schedule 1.

[Section as substituted by section 11 of Act 31 of 1989 - Amendment No. 9 and as amended by section 23 of Act 5 of 2005 - Amendment No. 17]

45 Remuneration of President of Senate and Speaker

(1)

There shall be charged upon and paid out of the Consolidated Revenue Fund to the President of the Senate and to the Speaker such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.

(2)

The salary payable to the President of the Senate or the Speaker shall not be reduced during the period he holds that office.

(3)

A person who was the President of the Senate or the Speaker immediately before a dissolution of Parliament shall continue to receive the salary and allowances of that office until such time as the Senate or the House of Assembly, as the case may be, first meets after the dissolution or until he ceases sooner to perform the functions of—

(a)

the President of the Senate in the circumstances referred to in section 36(4).; or

(b)

the Speaker in the circumstances referred to in section 40(4).
[Section as substituted by section 12 of Act 5 of 2005 – Amendment No. 17]

46 President’s power to address and attend Parliament

(1)

The President—

(a)

may at any time—

(i)

address the Senate or the House of Assembly; or

(ii)

call a joint meeting of the Senate and the House of Assembly and attend and address such joint meeting;

(b)

shall have the right to sit and speak in the Senate or the House of Assembly but shall not have the right to vote therein.

(2)

The President may send messages to the Senate or the House of Assembly and any such message shall be

read by the President of the Senate or the Speaker, as the case may be, or by a Vice-President or a Minister [Section as substituted by section 13 of Act 5 of 2005 - Amendment No. 17]

47 Vice-Presidents, Ministers, Deputy Ministers, Provincial Governors and Attorney-General in Parliament

(1) A Vice-President, Minister, Deputy Minister or Provincial Governor shall have a right to sit and speak in both the Senate and the House of Assembly but shall only have the right to vote in the House of which he is a member.

(2) The Attorney-General shall have the right to sit and speak in the Senate and the House of Assembly but shall

not have the right to vote therein. [Section as substituted by section 14 of Act 5 of 2005 – Amendment No. 17]

48 Clerk of Parliament and other staff thereof

(1) There shall be a Clerk of Parliament appointed by the Committee on Standing Rules and Orders.
[Subsection as amended by section 15 of Act 14 of 1996 - Amendment No. 14]

(2) A person appointed as the Clerk of Parliament shall not be removed from office unless the House of Assembly resolves, by the affirmative votes of more than one-half of its total membership, that he should be removed from office.

[Subsection as amended by section 15 of Act 14 of 1996 - Amendment No. 14 and by section 23 of Act 5 of 2005 - Amendment No. 17]

(3) Subject to any wishes which may be expressed from time to time by the House of Assembly, the Committee on Standing Rules and Orders shall appoint such other staff of Parliament as it may from time to time consider necessary.

(4) The staff of Parliament shall be appointed on terms of service approved from time to time by the House of

Assembly and shall be deemed to be public officers but shall not form part of the Public Service. [Section as substituted by section 14 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

49 Privileges of Parliament and members and officers thereof

Subject to the provisions of this Constitution, an Act of Parliament may make provision to determine and regulate the privileges, immunities and powers of Parliament and the members and officers thereof, including the President of the Senate and the Speaker, and to provide penalties for a person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so.

[Section as substituted by section 15 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

PART 5

Powers and Procedure of Parliament

50 Legislative powers

Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Zimbabwe.

51 Mode of exercising legislative powers

(1) Subject to the provisions of section 52 and Schedule 4, the power of Parliament to make laws shall be exer

cised by Bills passed by the House of Assembly and the Senate and assented to by the President. [Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 -Amendment No. 17]

(2) When a Bill is presented to the President for assent he shall, subject to the provisions of this section, within

twenty-one days, either assent or withhold his assent. [Subsection as amended by section 4 of Act 23 of 1987]

(3) Where this Constitution provides that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a certificate, the President shall not assent to such Bill unless it is accompanied by the said certificate.

(3a) Where the President withholds his assent to a Bill, the Bill shall be returned to the House of Assembly and, subject to the provisions of subsection (3b), the Bill shall not again be presented for assent. [Subsection as inserted by section 4 of Act 23 of 1987 - Amendment No. 7 and as amended by section 26 of Act 31 of 1989 - Amendment No. 9

and by section 23 of Act 5 of 2005 - Amendment No. 17]

(3b) If, within six months after a Bill has been returned to the House of Assembly in terms of subsection (3a), the House of Assembly resolves upon a motion supported by the votes of not less than two-thirds of all the members of the House of Assembly that the Bill should again be presented to the President for assent, the Bill shall be so presented and, on such presentation, the President shall assent to the Bill within twenty-one days of the presentation, unless he sooner dissolves Parliament. [Subsection as inserted by section 4 of Act 23 of 1987 - Amendment No. 7 and as amended by section 26 of Act 31 of 1989 - Amendment No. 9

and by section 23 of Act 5 of 2005 - Amendment No. 17]

(4) All laws made by Parliament shall be styled “Acts” and the words of enactment shall be “enacted by the

President and the Parliament of Zimbabwe” or words to the like effect. [Subsection as amended by section 16 of Act 31 of 1989 - Amendment No. 9]

(5)

An Act of Parliament shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in or under that or some other Act.

(6)

An Act of Parliament shall be deemed to come into operation immediately on the expiration of the day preceding the day on which, by virtue of the provisions of subsection (5), it comes into operation.

(7)

The provisions of Schedule 4 shall apply in respect of the procedure with regard to Bills and the other matters specified therein.

52 Alteration of the Constitution

(1) Parliament may amend, add to or repeal any of the provisions of this Constitution:
Provided that, except as provided in subsection (6), no law shall be deemed to amend, add to or repeal any provi

sion of this Constitution unless it does so in express terms. [Subsection as amended by section 7 of Act 30 of 1990 - Amendment No. 11 and by section 15 of Act 5 of 2005 – Amendment No. 17]

(2) A Constitutional Bill shall not be introduced into the Senate or the House of Assembly unless the text of the Bill has been published in the Gazette not less than thirty days before it is so introduced.

[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]

(2a) …

[Subsection repealed by section 15 of Act 5 of 2005 – Amendment No. 17]

(3) A Constitutional Bill shall not be deemed to have been duly passed by Parliament unless, at the final vote thereon in the Senate and the House of Assembly, it received the affirmative votes of not less than two-thirds of the total membership of each House.

[Subsection substituted by section 15 of Act 5 of 2005 - Amendment No. 17]

(4) If in the case of a Constitutional Bill which has been passed by the House of Assembly in accordance with subsection (3) but has not been passed by the Senate in accordance with that subsection within a period of one hundred and eighty days beginning on the day on which the Bill was first introduced into the Senate, the House of Assembly resolves after the expiration of that period by the affirmative votes of not less than two-thirds of its members that the Bill be presented to the President for assent in the form in which it was passed by the House of Assembly, except for minor changes required by the passage of time, and with such amendments, if any, as the Senate and the House of Assembly may have agreed, the Bill shall be deemed to have been duly passed in the form in which it is presented to the President.

[Subsection inserted by section 15 of Act 5 of 2005 – Amendment No. 17]

(5)

A Constitutional Bill shall not be submitted to the President for assent unless—

(a)

it is accompanied by—

(i)

a certificate from the President of the Senate that at the final vote thereon in the Senate the Bill received the affirmative votes of not less than two-thirds of the total membership of the Senate; and

(ii)

a certificate from the Speaker that at the final vote thereon in the House of Assembly the Bill received the affirmative votes of not less than two-thirds of the total membership of the House of Assembly;

or

(b) it is accompanied by the certificate referred to in paragraph (a)(ii) and a further certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsection (4) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

[Subsection substituted by section 15 of Act 5 of 2005 Amendment No. 17]

(6) An Act of Parliament that provides for a revision of the written law such as is referred to section 53(2) may make provision for—

(a)

renumbering the provisions of this Constitution so as to reflect amendments that have been made thereto; and

(b)

amending the provisions of this Constitution where it is necessary to do so as a consequence of any renum

bering referred to in paragraph (a); and any such renumbering or amendment shall be valid as if it had been effected by means of an Act of Parliament passed in accordance with the provisions of this section.

[Subsection as inserted by section 7 of Act 30 of 1990 - Amendment No. 11]

(7)

….. [Subsection repealed by section 6 of Act 15 of 1990 - Amendment No. 10]

(8)

….. [Subsection repealed by section 6 of Act 15 of 1990 - Amendment No. 10]

(9)

….. [Subsection repealed by section 6 of Act 15 of 1990 - Amendment No. 10]

53 Enrolment of Acts

(1)

As soon as may be after an Act of Parliament has been assented to by the President, the Clerk of Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the public seal, to be enrolled on record in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of such Act.

(2)

Notwithstanding the provisions of subsection (1), an Act of Parliament may provide for the publication of a revision of the whole or any part of the written law in force, including, subject to the provisions of section 52(6), this Constitution, and may further provide that—

(a)

upon such publication the revision shall in all courts of justice and for all purposes whatsoever be the sole version of the law or part thereof concerned;

(b)

a copy of the revision, authenticated in the manner provided for in the Act of Parliament, shall be deposited in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of the law or part thereof concerned.

[Subsection as substituted by section 4 of Act 1 of 1983 - Amendment No. 3 and as amended by section 8 of Act 30 of 1990 - Amendment No. 11]

(3) The validity of an Act of Parliament or of a revision of the law or part thereof shall not depend upon the en

rolment or deposit thereof pursuant to the provisions of this section. [Subsection as substituted by section 4 of Act 1 of 1983 - Amendment No. 3]

54 Quorum

(1)

If objection is taken by a member of the Senate present that there are present, besides the President of the Senate or the Senator presiding, less than eleven members and, after such interval as may be prescribed in Standing Orders, the President of the Senate or the Senator presiding ascertains that the number of members present is less than eleven, the Senate shall thereupon be adjourned in accordance with Standing Orders.

(2)

If objection is taken by a member of the House of Assembly present that there are present, besides the Speaker or the member presiding, less than twenty-five of the members and, after such interval as may be prescribed in Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than twenty-five, the House of Assembly shall thereupon be adjourned in accordance with Standing Orders

[Subsection as substituted by section 16 of Act 5 of 2005 - Amendment No. 17]

55 Validity of proceedings

Subject to the provisions of section 54, the Senate or the House of Assembly shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof or the suspension of a member in accordance with section 42 or 43, and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Assembly or otherwise took part in the proceedings.

[Section as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

56 Voting

(1)

Save as otherwise provided in this Constitution, all questions proposed for decision at a sitting of the Senate or the House of Assembly shall be determined by a majority of the votes of the members present and voting.

(2)

If, upon any question before the Senate or the House of Assembly, the votes of the members are equally divided, the motion shall be lost.

(3) The person presiding at a sitting of the Senate or the House of Assembly shall not have a deliberative or a

casting vote. [Section as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

57 Standing Orders

(1) Subject to the provisions of this Constitution and any other law, the Senate and the House of Assembly, jointly or severally as may be appropriate, may make Standing Orders with respect to—

(a)

the passing of Bills;

(b)

presiding in the Senate or the House of Assembly;

(c)

any matter in connection with which Standing Orders are required to be made by this Constitution; and

(d)

generally with respect to the regulation and orderly conduct of proceedings and business in and between the

Senate and the House of Assembly.
[Subsection as amended by section 23 of Act 5 of 2005 – Amendment No. 17]

(2) Standing Orders made in terms of subsection (1) shall provide for the appointment, membership and functions of a Committee on Standing Rules and Orders.

PART 6

Elections and Sessions

58 Elections

(1)

A general election shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament under section 63(7) or, as the case may be, the dissolution of Parliament under section 63(4) as the President may, by proclamation in the Gazette, fix.

(2) ….. [Subsection repealed by section 20 of Act 31 of 1989 - Amendment No. 9]

(3)

The qualifications and disqualifications for registration as a voter and for voting at elections shall be as prescribed in Schedule 3 and, subject thereto, by the Electoral Law.

(4) An Act of Parliament shall make provision for the election of members of Parliament, including elections for

the purpose of filling casual vacancies. [Subsection as amended by section 20 of Act 31 of 1989 - Amendment No. 9]

59 Delimitation Commission

(1) From time to time, as may be required for the purposes of this Constitution, the President shall appoint a Delimitation Commission which shall consist of—

(a) a chairman, who shall be the Chief Justice or some other judge of the Supreme Court or the High Court appointed after consultation with the Chief Justice; and

[Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2 and by section 20 of Act 23 of 1987]

(b) three other members appointed after consultation with the Chief Justice:
[Paragraph as amended by section 20 of Act 23 of 1987]

Provided that a person shall not be eligible for appointment if he is a member of the Senate or the House of Assembly. [Proviso as amended by section 26 of Act 31 of 1989 – Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

(2)

If a member is for any reason unable to continue to act, the President shall—

(a)

in the case of the chairman, appoint the Chief Justice or, after consultation with the Chief Justice, some other judge of the Supreme Court or the High Court to be chairman;

[Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2 and by section 20 of Act 23 of 1987]

(b) in the case of any other member, appoint in his place, after consultation with the chairman, some other

person.
[Paragraph as amended by section 20 of Act 23 of 1987]

(3)

Where the members of the Delimitation Commission are not unanimous in regard to any matter, the view of the majority shall prevail and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.

(4)

Following the first delimitation for the purposes of this Constitution, a Delimitation Commission shall be convened by the President at five-yearly intervals: Provided that a Delimitation Commission may be convened before the expiration of any five-year period if it ap

pears to the President necessary to do so. [Proviso as amended by section 6 of Act 15 of 1987 - Amendment No. 6]

60 Delimitation of constituencies

(1) It shall be the function of the Delimitation Commission to determine the limits of the constituencies into which Zimbabwe is to be divided in accordance with subsections (2) to (4):

Provided that, if the President notifies the Delimitation Commission of an anticipated alteration in the number of constituencies, the Delimitation Commission shall determine the limits of the anticipated number of constituencies accordingly.

[Proviso as inserted by section 7 of Act 15 of 1987 -Amendment No. 6]

(2) Zimbabwe shall be divided into one hundred and twenty common roll constituencies.
[Subsection as amended by section 7 of Act 15 of 1987 - Amendment No. 6 and by section 21 of Act 31 of 1989 - Amendment No. 9]

(3) The boundaries of the constituencies shall be such that at the time of delimitation the number of voters registered in each common roll constituency is as nearly as may be equal to the number of voters registered in each of the other common roll constituencies.

[Subsection as amended by section 10 of Act 15 of 1987 - Amendment No. 6]

(4) In dividing Zimbabwe into constituencies the Delimitation Commission shall, in respect of any area, give due consideration to—

(a)

its physical features;

(b)

the means of communication within the area;

(c)

the geographical distribution of voters registered on the common roll;

(d)

any community of interest as between voters registered on the common roll; and

(e)

in the case of any delimitation after the first delimitation consequent upon an alteration in the number of

constituencies, existing electoral boundaries;
[Paragraph as amended by sections 7 and 10 of Act 15 of 1987 - Amendment No. 6]

and whenever it appears necessary to do so in order to give effect to the provisions of this subsection, the Commission may depart from the requirements of subsection (3), but in no case to any greater extent than twenty per centum more or less than the average number of registered voters in constituencies on the common roll.

[Subsection as amended by section 10 of Act 15 of 1987 - Amendment No. 6]

(5)

The Delimitation Commission shall submit to the President a report comprising—

(a)

a list of constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;

(b)

a map or maps showing the constituencies into which Zimbabwe has been divided by the Commission; and

(c)

any further information or particulars which the Commission considers necessary.

(6)

The President may refer back to the Delimitation Commission for its further consideration and final decision any matter arising out of its report.

(7)

If there appears to be any discrepancy between the description of the boundaries of any constituency and the map or maps, the description shall prevail.

(8)

As soon as may be after the Delimitation Commission has completed its report, the President shall, by proclamation in the Gazette, declare the names and boundaries of the constituencies as finally settled by the Commission to be the constituencies of Zimbabwe which shall have effect for the purposes of the next and any subsequent general election.

61 Zimbabwe Electoral Commission

(1)

There shall be a commission to be known as the Zimbabwe Electoral Commission which shall consist of⎯

(a)

a chairman who shall be a judge of the High Court or the Supreme Court or a person qualified to be appointed as a judge of the High Court or the Supreme Court appointed by the President after consultation with the Judicial Service Commission; and

(b)

six other members, at least three of whom shall be women, appointed by the President from a list of nine nominees submitted by the Committee on Standing Rules and Orders.

(2)

If the appointment of a chairman of the Zimbabwe Electoral Commission is not consistent with any recommendation of the Judicial Service Commission in terms of subsection (1)(a), the President shall cause Parliament to be informed as soon as practicable.

(3)

A member of the Zimbabwe Electoral Commission shall, before entering upon his office, take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the oath of office in the forms set out in Schedule 1.

(4)

The Zimbabwe Electoral Commission shall have the following functions⎯

(a)

to prepare for, conduct and supervise⎯

(i)

elections to the office of President and to Parliament; and

(ii)

elections to the governing bodies of local authorities; and

(iii) referendums; and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;

(b)

to supervise the registration of voters by the authority charged with that responsibility under the Electoral Law; and

(c)

to compile voters’ rolls and registers; and

(d)

to ensure the proper custody and maintenance of voters’ rolls and registers; and

(e)

to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres; and

(f)

to conduct voter education; and

(g)

to accredit observers of elections and referendums in accordance with an Act of Parliament; and

(h)

to give instructions to—

A. the Registrar-General of Voters in regard to the exercise of his functions under the Electoral Law or any other law; and B. other persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, proper, free and fair conduct of any election or referendum; and

(i)

to exercise any other functions that may be conferred or imposed on the Commission by the Electoral Law or any other law.

(5)

The Zimbabwe Electoral Commission shall not, in the exercise of its functions in terms of subsection (4), be subject to the direction or control of any person or authority.

(6)

There shall be charged upon and paid out of the Consolidated Revenue Fund⎯

(a)

sufficient funds appropriated to the Zimbabwe Electoral Commission to enable it to exercise its functions in terms of subsection (4);

(b)

to the members of the Zimbabwe Electoral Commission such salaries, allowances, pension and other benefits as may from time to time be prescribed by or under an Act of Parliament.

(7)

The salary, allowances and other benefits payable to a member of the Zimbabwe Electoral Commission shall not be reduced during his tenure of office.

(8)

An Act of Parliament⎯

(a)

shall make provision for⎯

(i)

the terms of office of members of the Zimbabwe Electoral Commission;

(ii)

the qualifications or eligibility of any person to be appointed as a member of the Commission in terms of subsection (1)(b);

(iii) the vacation of or removal from office of any member of the Commission who becomes disqualified or ineligible as a member or on the grounds of misconduct or inability to hold office as a member;

(iv)

the procedure at meetings of the Commission;

(v)

the appointment and functions of a chief executive of the Commission to manage the funds and affairs of the Commission;

(vi)

the making of reports to Parliament on the conduct of any election or referendum;

(b)

may make provision for⎯

(i)

functions related to elections and referendums that are additional to those specified in subsection (4); and

(ii)

the manner in which the Zimbabwe Electoral Commission shall exercise its functions; and

(iii) the appointment and discipline of the staff of the Commission.
[Section as substituted by section 17 of Act 5 of 2005 – Amendment No. 17]

62 Sessions

(1)

Subject to the provisions of subsection (2), the sessions of Parliament shall be held in such place and shall begin at such time as the President may, by proclamation in the Gazette, fix.

(2)

There shall be a session of Parliament beginning in every calendar year so that a period of more than one hundred and eighty days shall not intervene between the last sitting of either House in any one session and the first sitting of Parliament in the next session.

[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 -Amendment No. 17]

63 Prorogation or dissolution

(1)

The President may at any time prorogue Parliament.
[Subsection as substituted by section 6 of Act 23 of 1987 - Amendment No. 7]

(2)

Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.
[Subsection as substituted by section 6 of Act 23 of 1987 - Amendment No. 7]

(3)

….. [Subsection repealed by section 6 of Act 23 of 1987 - Amendment No. 7]

(4) Parliament, unless sooner dissolved, shall continue for five years beginning on the date when Parliament first meets after any general election and shall then stand dissolved:

Provided that, where the period referred to in this subsection is extended under subsection (5) or (6), Parliament, unless sooner dissolved, shall stand dissolved on the expiration of that extended period.

(5) At any time when Zimbabwe is at war, Parliament may from time to time extend the period specified in sub

section (4) by not more than one year at a time: Provided that such period shall not be extended under this subsection for more than five years.

(6)

At any time when there is in effect a declaration under section 31J(1), Parliament may from time to time extend the period specified in subsection (4) by not more than six months at a time:

Provided that such period shall not be extended under this subsection for more than one year.
[Subsection as amended by section 26 of Act 23 of 1987 - Amendment No. 7]

(7)

Subject to the provisions of subsection (4), any prorogation or dissolution of Parliament shall be by proclamation in the Gazette and, in the case of a dissolution, shall take effect from the day preceding the day or first day, as the case may be, fixed by proclamation in accordance with section 58(1) for the holding of a general election.

(8)

On the dissolution of Parliament all proceedings pending at the time shall be terminated and accordingly every Bill, motion, petition or other business shall lapse.

CHAPTER VI
THE EXECUTIVE
[Chapter repealed by section 7 of Act 23 of 1987 - Amendment No. 7.
See now Chapter IV above]

CHAPTER VII
THE PUBLIC SERVICE

80 Supreme Court

(1) There shall be a Supreme Court which shall be a superior court of record and the final court of appeal for Zimbabwe and shall have such jurisdiction and powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament.

[Subsection as amended by section 11 of Act 30 of 1990 - Amendment No. 11]

(2)

The Supreme Court shall consist of—

(a)

the Chief Justice;

(b)

such other judges of the Supreme Court, being not less than two, as the President may deem necessary;

(c)

such other judges as have been appointed under subsection (3).

(3)

If the services of an additional judge are required for a limited period, the Chief Justice may appoint a person who holds the office of judge of the High Court or who has held office as a judge of the Supreme Court or the High Court to act as a judge of the Supreme Court for such period as may be specified by the Chief Justice.

(4)

An Act of Parliament may provide for the conferring, by way of rules of court, upon a registrar of the Supreme Court, duly appointed thereto, of the jurisdiction and powers of the Supreme Court in civil cases in respect of—

(a)

the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;

(b)

deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:

Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the Supreme Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.

[Subsection as inserted by section 8 of Act 1 of 1983 - Amendment No. 3]

[Section as substituted by section 3 of Act 25 of 1981 - Amendment No. 2]

81 High Court and criminal jurisdiction of other courts

(1) There shall be a High Court which shall be a superior court of record and shall have such jurisdiction and

powers as may be conferred upon it by or in terms of this Constitution or any Act of Parliament. [Subsection as amended by section 12 of Act 30 of 1990 - Amendment No. 11]

(2)

The High Court shall consist of—

(a)

the Chief Justice;

(b)

the Judge President of the High Court who shall, subject to the directions of the Chief Justice, be in charge of the High Court;

(c)

such other judges of the High Court as may from time to time be appointed.

(3)

The Chief Justice may, from time to time, after consultation with the Judge President of the High Court, appoint a judge of the Supreme Court to act as a judge of the High Court.

(4)

No law, other than a disciplinary law, shall confer jurisdiction in criminal matters upon a court or other adjudicating authority, other than the Supreme Court or the High Court, which did not have such jurisdiction before the appointed day:

Provided that the provisions of this subsection shall not apply to a law which confers any such jurisdiction on a court in terms of which the only penalty that may be imposed by the court is a monetary one.

(5)

An Act of Parliament may provide for the conferring, by way of rules of court, upon a registrar of the High Court, duly appointed thereto, of the jurisdiction and powers of the High Court in civil cases in respect of—

(a)

the making of orders in uncontested cases, other than orders affecting status or the custody or guardianship of children;

(b)

deciding preliminary or interlocutory matters, including applications for directions but not including matters affecting the liberty of the subject:

Provided that any such Act of Parliament shall provide for the right of any person who is aggrieved by the order or decision of any such registrar to have the order or decision reviewed by a judge of the High Court who may, on such review, amend, vary, set aside or confirm the order or decision concerned or give such other order or decision as he deems fit.

[Subsection as inserted by section 9 of Act 1 of 1983 - Amendment No. 3] [Section as substituted by section 3 of Act 25 of 1981 - Amendment No. 2]

82 Qualifications of judges

(1)

A person shall not be qualified for appointment as a judge of the Supreme Court or the High Court unless—

(a)

he is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language; or

(b)

he is and has been for not less than seven years, whether continuously or not, qualified to practise as a legal practitioner—

(i)

in Zimbabwe:

(ii)

in a country in which the common law is Roman-Dutch and English is an official language; or

(iii) if he is a citizen of Zimbabwe, in a country in which the common law is English and English is an

official language. [Subsection as amended by sections 4 and 13 of Act 25 of 1981 - Amendment No. 2]

(2) In computing, for the purposes of subsection (1)(b), the period during which any person has been qualified to practise as a legal practitioner—

(a)

any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included; and

(b)

any period during which he has held judicial office, whether in or outside Zimbabwe, after having so

qualified as a legal practitioner shall be included; and the reference in subsection (1)(b) to a legal practitioner shall include a reference to persons in other jurisdictions who have comparable functions or who have been admitted to practise the profession of law as advocates or attorneys by whatever name they may be called.

[Subsection as substituted by section 4 of Act 25 of 1981 - Amendment No. 2]

83 Oath of office

A judge of the Supreme Court or the High Court, including an acting judge, shall, before entering upon his office, take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the judicial oath in the forms set out in Schedule 1:

Provided that where a person is appointed in terms of section 80(3) or 81(3) to act as a judge of the Supreme Court or the High Court, as the case may be, it shall not be necessary for such person to take and subscribe the oaths referred to in this section in respect of such appointment.

[Section as substituted by section 5 of Act 25 of 1981 - Amendment No. 2]

84 Appointment of judges

(1) The Chief Justice and other judges of the Supreme Court and the High Court shall be appointed by the

President after consultation with the Judicial Service Commission. [Subsection as substituted by section 12 of Act 23 of 1987 - Amendment No. 7]

(2) If the appointment of a Chief Justice or a judge of the Supreme Court or the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of subsection (1), the President shall cause the House of Assembly to be informed as soon as is practicable.

[Subsection as substituted by section 12 of Act 23 of 1987 - Amendment No. 7
and as amended by section 13 of Act 31 of 1989 - Amendment No. 9 and by section 23 of Act 5 of 2005 - Amendment No. 17]

(3) The appointment of a judge in terms of this section, whether made before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 4) Act, 1984, may be made for a fixed period and any judge so appointed may, notwithstanding that the period of his appointment has expired, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced or heard by him while he was in office.

[Subsection as inserted by section 2 of Act 4 of 1984 - Amendment No. 4]

85 Acting judges

(1) If the office of the Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of his office, the President may, after consulting the Judicial Service Commission, appoint some person holding the office of judge of the Supreme Court or Judge President of the High Court to act as Chief Justice.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2 and by section 20 of Act 23 of 1987 - Amendment No. 7]

(2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2,
by section 7 of Act 4 of 1984 - Amendment No. 4
and by section 20 of Act 23 of 1987 - Amendment No. 7]

(3)

A person appointed to act under subsection (2)—

(a)

shall, subject to the provisions of section 87, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, after consultation with the Judicial Service Commission; and

[Paragraph as amended by section 7 of Act 4 of 1984 - Amendment No. 4 and by section 20 of Act 23 of 1987 - Amendment No. 7]

(b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was so acting.

86 Tenure of office of judges

(1) Subject to the provisions of section 87, a judge of the Supreme Court or the High Court shall retire when he attains the age of sixty-five years unless, before he attains that age, he has elected to retire on attaining the age of seventy years:

Provided that—

(a)

an election under this subsection shall be subject to the submission to, and acceptance by, the President, after consultation with the Judicial Service Commission, of a medical report as to the mental and physical fitness of the judge so to continue in office;

(b)

the provisions of this subsection shall not apply to an acting judge or a judge who has been appointed for a fixed period of office;

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2,
by sections 3 and 7 of Act 4 of 1984 - Amendment No. 4
and by section 20 of Act 23 of 1987 - Amendment No. 7]

(2) A judge of the Supreme Court or the High Court may at any time resign his office by notice in writing to the

President. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(3) The office of a judge of the Supreme Court or the High Court shall not, without his consent, be abolished

during his tenure of office. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(4) A judge of the Supreme Court or the High Court may, notwithstanding that he has attained the age at which he is required by subsection (1) to retire, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was in office.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

87 Removal of judges from office

(1) A judge of the Supreme Court or the High Court may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(2) If the President considers that the question of the removal from office of the Chief Justice ought to be inves

tigated, the President shall appoint a tribunal to inquire into the matter. [Subsection as amended by section 20 of Act 23 of 1987 - Amendment No. 7]

(3) If, in the case of a judge of the Supreme Court or the High Court other than the Chief Justice, the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2,
by section 6 of Act 4 of 1985 - Amendment No. 5
and by section 20 of Act 23 of 1987 - Amendment No. 7]

(4) A tribunal appointed under subsection (2) or (3) shall consist of not less than three members selected by the President from the following—

(a)

persons who have held office as a judge of the Supreme Court or the High Court;

(b)

persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an official language;

(c)

legal practitioners of not less than seven years’ standing who have been nominated under subsection (5);

(d)

….. [Paragraph repealed by section 6 of Act 25 of 1981 - Amendment No. 2]

one of whom shall be designated by the President as chairman. [Subsection as amended by sections 6 and 13 of Act 25 of 1981 - Amendment No. 2]

(4a) In computing, for the purposes of subsection (4)(c), the period during which a person has had standing as a legal practitioner, any period during which he has had standing as an advocate or attorney in Zimbabwe shall be included. [Subsection as inserted by section 6 of Act 25 of 1981 - Amendment No. 2]

(5) It shall be the duty of the association which is constituted under an Act of Parliament and which represents legal practitioners practising in Zimbabwe to nominate a panel containing the names of not less than three duly qualified legal practitioners for the purposes of subsection (4)(c) when so required by the President.

[Subsection as amended by section 6 of Act 25 of 1981 - Amendment No. 2]

(6)

A tribunal appointed under subsection (2) or (3) shall inquire into the matter and report on the facts thereof to the President and recommend to the President whether or not he should refer the question of the removal of the

judge from office to the Judicial Service Commission, and the President shall act in accordance with such recommendation.

(7)

The provisions of the Commissions of Inquiry Act [Chapter 80] as in force at the time or any other law substituted for the same shall, mutatis mutandis, apply in relation to a tribunal appointed under subsection (2) or (3) as they apply to commissioners appointed under that Act.

(8)

If the question of removing a judge of the Supreme Court or the High Court from office has been referred to a tribunal under subsection (2) or (3), the judge shall be suspended from performing the functions of his office until the President, on the recommendation of the tribunal or the Judicial Service Commission, revokes the suspension or the judge is removed from office in accordance with subsection (9).

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(9) If the question of the removal of a judge has been referred to the Judicial Service Commission in accordance with subsection (6) and the Commission advises that the judge be removed from office, the President shall, by order under the public seal, remove the judge from office.

88 Remuneration of judges

(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to a person who holds the office of or is acting as Chief Justice, a judge of the Supreme Court, Judge President of the High Court or a judge of the High Court such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

(2) The salary and allowances payable to a person under subsection (1) shall not be reduced during the period he holds the office concerned or acts as holder thereof.

89 Law to be administered

Subject to the provisions of any law for the time being in force in Zimbabwe relating to the application of African customary law, the law to be administered by the Supreme Court, the High Court and by any courts in Zimbabwe subordinate to the High Court shall be the law in force in the Colony of the Cape of Good Hope on 10th June, 1891, as modified by subsequent legislation having in Zimbabwe the force of law.

[Section as amended by section 13 of Act 25 of 1981 - Amendment No. 2]

90 Judicial Service Commission

(1)

There shall be a Judicial Service Commission which shall consist of—

(a)

the Chief Justice or, if there is no Chief Justice or acting Chief Justice or the Chief Justice is not available, the most senior judge of the Supreme Court who is available;

(b)

the Chairman of the Public Service Commission;

(c)

the Attorney-General;

(d)

no less than two or more than three other members appointed, subject to the provisions of subsection (2),

by the President.
[Paragraph as amended by section 20 of Act 23 of 1987 - Amendment No. 7]

(2)

One of the members appointed under subsection (1)(d) shall be a person who—

(a)

is or has been a judge of the Supreme Court or the High Court; or

(b)

is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in Zimbabwe; or

(c)

possesses such legal qualifications and has had such legal experience as the President considers suitable

and adequate for his appointment to the Judicial Service Commission; and the other members shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment.

[Subsection as amended by section 13 of Act 30 of 1990 - Amendment No. 11]

(3) In computing, for the purpose of subsection (2)(b), the period during which any person has been qualified to practise as a legal practitioner, any period during which he was qualified to practise as an advocate or attorney in Zimbabwe shall be included.

[Section as substituted by section 4 of Act 4 of 1984 - Amendment No. 4]

91 Functions of Judicial Service Commission

(1) The functions of the Judicial Service Commission shall be to tender such advice and do such things in rela

tion to the judiciary as are provided for by this Constitution or by or under an Act of Parliament. [Section as substituted by section 14 of Act 30 of 1990 - Amendment No. 11]

(2) An Act of Parliament referred to in subsection (1) may confer on the Judicial Service Commission functions in connection with the employment, discipline and conditions of service of such officers and persons employed in—

(a)

the Supreme Court, the High Court and other courts subordinate to the Supreme Court and the High Court; and

(b)

the office of the Ombudsman;

as are specified in such Act. [Subsection inserted by section 18 of Act 5 of 2005 – Amendment No. 17]

92 Persons presiding over special courts

(1) The power to appoint persons to preside over a special court shall vest in the President, after consultation with the Judicial Service Commission:

Provided that Parliament may provide that the Chief Justice may, after consulting the Judicial Service Commission, appoint a person holding the office of judge of the High Court to preside over a special court for such period as he may specify.

[Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2,
by section 7 of Act 4 of 1984 - Amendment No. 4
and by section 20 of Act 23 of 1987 - Amendment No. 7]

(2) During the term of office of a person appointed to preside over a special court his conditions of service shall not be amended and his office shall not be abolished without his consent.

(3)

Notwithstanding the provisions of subsection (2), an Act of Parliament may—

(a)

vest the functions of a special court in another special court if such Act provides that any person who has been appointed to preside over the first-mentioned court shall be deemed to have been appointed to preside over the second-mentioned court; and

(b)

effect a change in the designation of the person referred to in paragraph (a).

(4)

In this section, “special court” means—

(a)

the Administrative Court established by section 3 of the Administrative Court Act [Chapter 7:07]; [Paragraph as substituted by section 2 of Act No. 10 of 1998 -Amendment No. 15]

(a1) the Fiscal Appeal Court established by section 3 of the Fiscal Appeal Court Act [Chapter 23:05];
(Paragraph as inserted by section 2 of Act No. 10 of 1998 - Amendment No. 15.)

(a2) the Special Court for Income Tax Appeals established by section 64 of the Income Tax Act [Chapter 23:06]; [Paragraph as inserted by section 2 of Act No. 10 of 1998 - Amendment No. 15]

(a3) any court or other adjudicating authority established by law which exercises any function that was vested in a court referred to in paragraph (a), (a1) or (a2) on the date of commencement of the Constitution of Zimbabwe Amendment (No. 15) Act, 1998;

[Paragraph as inserted by section 2 of Act No. 10 of 1998 - Amendment No. 15]

(b) any court or other adjudicating authority established by law, other than—

(i)

a local court; or

(ii)

a court established by or under a disciplinary law; or

(iii) a court established by or under an Act of Parliament for the adjudication of small civil claims; if there is no right of appeal, directly or indirectly, from a decision of that court or adjudicating authority to the Supreme Court or the High Court;

[Paragraph as substituted by section 12 of Act No. 14 of 1996 - Amendment No. 14]

(c) any court or other adjudicating authority established by law which is declared by that law to be a special court for the purposes of this section.

CHAPTER IX
THE POLICE FORCE

[Chapter as substituted by section 9 of Act 4 of 1993 - Amendment No. 12]

93 Police Force and Commissioner of Police

(1)

There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.

(2)

Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.

(3)

An Act of Parliament shall make provision for the organization, administration and discipline of the Police Force, including the appointment of persons to offices or ranks in the Police Force, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.

94 Police Service Commission

(1)

There shall be a Police Service Commission which shall consist of—

(a)

a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and

(b)

not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.

(2) The persons to be appointed under subsection (1)(b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Police Force for periods which in the aggregate amount to at least five years.

95 Functions of Police Service Commission

The functions of the Police Service Commission shall be to tender such advice and do such other things in relation to the Police Force as are provided for by this Constitution or by or under an Act of Parliament.

CHAPTER X
THE DEFENCE FORCES

[Chapter as substituted by section 9 of Act 4 of 1993 - Amendment No. 12]

96 Defence Forces and Command thereof

(1)

For the purpose of defending Zimbabwe, there shall be Defence Forces consisting of an Army, an Air Force and such other branches, if any, of the Defence Forces as may be provided for by or under an Act of Parliament.

(2)

The supreme command of the Defence Forces shall vest in the President as Commander-in-Chief and, in the exercise of his functions as such, the President shall have power to determine the operational use of the Defence Forces.

(3)

Subject to the provisions of subsection (2) and any Act of Parliament, the Defence Forces shall be under the command of a Commander:

Provided that an Act of Parliament may provide that the different branches of the Defence Forces, or any one or more of them, shall be under the command of different Commanders.

(4)

The Commander of the Defence Forces, and every Commander of a branch of the Defence Forces, shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.

(5)

An Act of Parliament shall make provision for the organization, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.

97 Defence Forces Service Commission

(1)

There shall be a Defence Forces Service Commission which shall consist of—

(a)

a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and

(b)

not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.

(2) The persons to be appointed under subsection (1) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Defence Forces for periods which in the aggregate amount to at least five years.

98 Functions of Defence Forces Service Commission

The functions of the Defence Forces Service Commission shall be to tender such advice and do such other things in relation to the Defence Forces as are provided for by this Constitution or by or under an Act of Parliament.

CHAPTER XA
THE PRISON SERVICE

[Chapter as inserted by section 9 of Act 4 of 1993 -Amendment No. 12]

99 Prison Service and Commissioner of Prisons

(1)

There shall be a Prison Service for the administration of prisons in Zimbabwe and for the protection of society from criminals through the incarceration and rehabilitation of offenders and their re-integration into society.

(2)

Subject to the provisions of an Act of Parliament, the Prison Service shall be under the command of the Commissioner of Prisons, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.

(3)

An Act of Parliament shall make provision for the organization, administration and discipline of the Prison Service, including the appointment of persons to offices or ranks in the Prison Service, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.