This is the latest version of this Act.
Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Citation
- Act 1 of 2013
- Date
- 7 September 2017
- Language
- English
- Type
- Act
Related documents
- Is amended by Constitution of Zimbabwe Amendment (No. 1) Act, 2017
Zimbabwe
Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Act 1 of 2013
- Published on 22 May 2013
- Commenced on 22 May 2013
- [This is the version of this document from 7 September 2017 and includes any amendments published up to 31 December 2017.]
- [Amended by Constitution of Zimbabwe Amendment (No. 1) Act, 2017 (Act 10 of 2017) on 7 September 2017]
1. Short title
This Act may be cited as the Constitution of Zimbabwe Amendment (No. 20) Act, 2013.2. Interpretation
In this Act—"existing Constitution" means the Constitution of Zimbabwe that came into operation on the 18th April, 1980, as subsequently amended;"new Constitution" means the Constitution of Zimbabwe set forth in the Schedule.3. Repeal of existing Constitution by new Constitution
Schedule (Section 2)
Constitution of Zimbabwe
Preamble
We the people of Zimbabwe,United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression,Exalting and extolling the brave men and women who sacr ficed their lives during the Chimurenga / Umvukela and national liberation struggles,Honouring our forebears and compatriots who toiled for the progress of our country,Recognising the need to entrench democracy, good, transparent and accountable governance and the rule of law,Reaffirming our commitment to upholding and defending fundamental human rights and freedoms,Acknowledging the richness of our natural resources,}Celebrating the vibrancy of our traditions and cultures,Determined to overcome all challenges and obstacles that impede our progress,Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny,Acknowledging the supremacy of Almighty God, in whose hands our future lies,Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work,And, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.Chapter 1
Founding provisions
1. The Republic
Zimbabwe is a unitary, democratic and sovereign republic.2. Supremacy of Constitution
3. Founding values and principles
4. National Flag, National Anthem, Public Seal and Coat of Arms
Zimbabwe has a National Flag, a National Anthem, a Coat of Arms and a Public seal, which are set out in the First Schedule.5. Tiers of government
The tiers of government in Zimbabwe are—6. Languages
7. Promotion of public awareness of Constitution
The State must promote public awareness of this Constitution, in particular by—Chapter 2
National objectives
8. Objectives to guide State and all institutions and agencies of government
9. Good governance
10. National unity, peace and stability
The State and every person, including juristic persons, and every institution and agency of government at every level, must promote national unity, peace and stability.11. Fostering of fundamental rights and freedoms
The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfilment.12. Foreign policy
13. National development
14. Empowerment and employment creation
15. Food security
The State must—16. Culture
17. Gender balance
18. Fair regional representation
19. Children
20. Youths
21. Elderly persons
22. Persons with disabilities
23. Veterans of the liberation struggle
24. Work and labour relations
25. Protection of the family
The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—26. Marriage
The State must take appropriate measures to ensure that—27. Education
28. Shelter
The State and all institutions and agencies of government at every level must take reasonable legislative and other measures, within the limits of the resources available to them, to enable every person to have access to adequate shelter.29. Health services
30. Social welfare
The State must take all practical measures, within the limits of the resources available to it, to provide social security and social care to those who are in need.31. Legal aid
The State must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice.32. Sporting and recreational facilities
The State must take all practical measures to encourage sporting and recreational activities, including the provision of sporting and recreational facilities for all people.33. Preservation of traditional knowledge
The State must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people.34. Domestication of international instruments
The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law.Chapter 3
Citizenship
35. Zimbabwean citizenship
36. Citizenship by birth
37. Citizenship by descent
Subject to section 36(2), persons born outside Zimbabwe are Zimbabwean citizens by descent if, when they were born—38. Citizenship by registration
39. Revocation of citizenship
40. Retention of citizenship despite marriage or dissolution of marriage
Zimbabwean citizenship is not lost through marriage or the dissolution of marriage.41. Citizenship and Immigration Board
An Act of Parliament must provide for the establishment of a Citizenship and Immigration Board consisting of a chairperson and at least two other members, appointed by the President, to be responsible for—42. Powers of Parliament in regard to citizenship
An Act of Parliament may make provision, consistent with this Chapter, for—43. Continuation and restoration of previous citizenship
Chapter 4
Declaration of rights
Part 1 – Application and interpretation of Chapter 4
44. Duty to respect fundamental human rights and freedoms
The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter.45. Application of Chapter 4
46. Interpretation of Chapter 4
47. Chapter 4 does not preclude existence of other rights
This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution.Part 2 – Fundamental human rights and freedoms
48. Right to life
49. Right to personal liberty
50. Rights of arrested and detained persons
51. Right to human dignity
Every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected.52. Right to personal security
Every person has the right to bodily and psychological integrity, which includes the right—53. Freedom from torture or cruel, inhuman or degrading treatment or punishment
No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.54. Freedom from slavery or servitude
No person may be subjected to slavery or servitude.55. Freedom from forced or compulsory labour
No person may be made to perform forced or compulsory labour.56. Equality and non-discrimination
57. Right to privacy
Every person has the right to privacy, which includes the right not to have—58. Freedom of assembly and association
59. Freedom to demonstrate and petition
Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.60. Freedom of conscience
61. Freedom of expression and freedom of the media
62. Access to information
63. Language and culture
Every person has the right—64. Freedom of profession, trade or occupation
Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law.65. Labour rights
66. Freedom of movement and residence
67. Political rights
68. Right to administrative justice
69. Right to a fair hearing
70. Rights of accused persons
71. Property rights
72. Rights to agricultural land
73. Environmental rights
74. Freedom from arbitrary eviction
No person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.75. Right to education
76. Right to health care
77. Right to food and water
Every person has the right to—78. Marriage rights
Part 3 – Elaboration of certain rights
79. Application of Part 3
80. Rights of women
81. Rights of children
82. Rights of the elderly
People over the age of seventy years have the right—83. Rights of persons with disabilities
The State must take appropriate measures, within the limits of the resources available to it, to ensure that persons with disabilities realise their full mental and physical potential, including measures—84. Rights of veterans of the liberation struggle
Part 4 – Enforcement of fundamental human rights and freedoms
85. Enforcement of fundamental human rights and freedoms
Part 5 – Limitation of fundamental human rights and freedoms
86. Limitation of rights and freedoms
87. Limitations during public emergency
Chapter 5
The executive
Part 1 – Executive authority
88. Executive authority
Part 2 – The President and Vice Presidents
89. The President
The President is the Head of State and Government and the Commander-in-Chief of the Defence Forces.90. Duties of President
91. Qualifications for election as President and Vice-President
92. Election of President and Vice-Presidents
93. Challenge to presidential election
94. Assumption of office by President and Vice-Presidents
95. Term of office of President and Vice-Presidents
96. Resignation of President or Vice-President
97. Removal of President or Vice-President from office
98. Presidential immunity
99. Functions of Vice-Presidents
The Vice-Presidents assist the President in the discharge of his or her functions and perform any other functions, including the administration of any Ministry, department or Act of Parliament, that the President may assign to them.100. Acting President
101. Succession in event of death, resignation or incapacity of President or Vice-President
102. Remuneration of President and Vice-Presidents
103. President and Vice-Presidents and former office-holders not to hold other office or employment
The President and Vice-Presidents, and any former President or Vice-President, must not, directly or indirectly, hold any other public office or be employed by anyone else while they are in office or are receiving a pension from the State as former President or Vice-President, as the case may be.Part 3 – Ministers, Deputy Ministers and Cabinet
104. Appointment of Ministers and Deputy Ministers
105. Cabinet
106. Conduct of Vice-Presidents, Ministers and Deputy Ministers
107. Accountability of Vice-Presidents, Ministers and Deputy Ministers
108. Tenure of office of Ministers and Deputy Ministers
109. Vote of no confidence in Government
Part 4 – Executive functions
110. Executive functions of President and Cabinet
111. War and peace
112. Power of mercy
113. States of public emergency
Part 5 – Attorney-General
114. Attorney-General
115. Removal from office of Attorney-General
The President may at any time remove the Attorney-General from office.Chapter 6
The Legislature
Part 1 – Legislative authority
116. The Legislature
The Legislature of Zimbabwe consists of Parliament and the President acting in accordance with this Chapter.117. Nature and extent of legislative authority
Part 2 – Parliament
118. Parliament
Parliament consists of the Senate and the National Assembly.119. Role of Parliament
Part 3 – The Senate
120. Composition of Senate
121. Qualifications and disqualifications for election as Senator
122. President of Senate
123. Deputy President of Senate
Part 4 – The National Assembly
124. Composition of National Assembly
125. Qualifications and disqualifications for election to National Assembly
126. Speaker of National Assembly
127. Deputy Speaker of National Assembly
Part 5 – Tenure of Members of Parliament
128. Oath of Member of Parliament
129. Tenure of seat of Member of Parliament
Part 6 – Legislative and other powers
130. Powers and functions of Senate and National Assembly
131. Acts of Parliament and procedure for their enactment
132. Commencement of Acts of Parliament
An Act of Parliament comes into operation at the beginning of the day on which it is published in the Gazette, or at the beginning of any other day that may be specified in the Act or some other enactment.133. Enrolment of Acts of Parliament
134. Subsidiary legislation
Parliament may, in an Act of Parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that Act, but—Part 7 – Procedure in Parliament
135. Head of Parliament
136. Persons presiding in Parliament
137. Quorum in Parliament
The Senate and the National Assembly must prescribe in Standing Orders the minimum number of Members who must be present for the conduct of business.138. Voting and right of audience in Parliament
139. Standing Orders
140. Presidential addresses and messages to Parliament
141. Public access to and involvement in Parliament
Parliament must—142. Validity of proceedings in Parliament
Part 8 – Duration, dissolution and sittings of Parliament
143. Duration and dissolution of Parliament
144. General election resulting from dissolution of Parliament
145. First sitting of Parliament following general election
146. Sittings and recess periods
Each House of Parliament determines the time and duration of its sittings, other than its first sitting, and its periods of recess, but—147. Lapsing of Bills, motions, petitions and other business on dissolution of Parliament
On the dissolution of Parliament, all proceedings pending at the time are terminated, and every Bill, motion, petition and other business lapses.Part 9 – General matters relating to Parliament
148. Privileges and immunities of Parliament
149. Right to petition Parliament
150. Venue of Parliament
Parliament may sit at places other than the ordinary seat of Parliament, but only on grounds of public interest, security or convenience.151. Committee on Standing Rules and Orders
152. Parliamentary Legal Committee
153. Remuneration of President of Senate, Speaker and Members of Parliament
154. Clerk of Parliament and other staff
Chapter 7
Elections
Part 1 – Electoral systems and processes
155. Principles of electoral system
156. Conduct of elections and referendums
At every election and referendum, the Zimbabwe Electoral Commission must ensure that—157. Electoral Law
Part 2 – Timing of elections
158. Timing of elections
159. Filling of electoral vacancies
Whenever a vacancy occurs in any elective public office established in terms of this Constitution, other than an office to which section 158 applies, the authority charged with organising elections to that body must cause an election to be held within ninety days to fill the vacancy.Part 3 – Delimitation of electoral boundaries
160. Number of constituencies and wards
161. Delimitation of electoral boundaries
Chapter 8
The judiciary and the courts
Part 1 – The court system
162. Judicial authority
Judicial authority derives from the people of Zimbabwe and is vested in the courts, which comprise—163. The judiciary
164. Independence of judiciary
165. Principles guiding judiciary
166. Constitutional Court
167. Jurisdiction of Constitutional Court
168. Supreme Court
169. Jurisdiction of Supreme Court
170. High Court
The High Court is a superior court of record and consists of—171. Jurisdiction of High Court
172. Labour Court
173. Administrative Court
174. Other courts and tribunals
175. Powers of courts in constitutional matters
176. Inherent powers of Constitutional Court, Supreme Court and High Court
The Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution.Part 2 – Appointment and tenure of members of judiciary
177. Qualifications of judges of Constitutional Court
178. Qualifications of judges of Supreme Court
179. Qualifications of judges of High Court, Labour Court and Administrative Court
180. Appointment of judges
181. Acting judicial appointments
182. Appointment of magistrates and other members of judiciary
An Act of Parliament must provide for the appointment of magistrates and other judicial officers other than judges, but—183. Judicial officers not to be appointed to more than one court
Except as otherwise provided in this Constitution, a person must not be appointed as a judicial officer of more than one court.184. Judicial appointments to reflect society
Appointments to the judiciary must reflect broadly the diversity and gender com position of Zimbabwe.185. Oath of office
186. Tenure of office of judges
187. Removal of judges from office
188. Conditions of service and tenure of members of judiciary
Part 3 – Judicial Service Commission
189. Establishment and composition of Judicial Service Commission
190. Functions of Judicial Service Commission
191. Fairness and transparency of proceedings of Judicial Service Commission
The Judicial Service Commission must conduct its business in a just, fair and transparent manner.Part 4 – General
192. Law to be administered
The law to be administered by the courts of Zimbabwe is the law that was in force on the effective date, as subsequently modified.193. Criminal jurisdiction of courts
Only the following courts may exercise or be given jurisdiction in criminal cases—Chapter 9
Principles of public administration and leadership
194. Basic values and principles governing public administration
195. State-controlled commercial entities
196. Responsibilities of public officers and principles of leadership
197. Terms of office of heads of government-controlled entities
An Act of Parliament may limit the terms of office of chief executive officers or heads of government-controlled entities and other commercial entities and public enterprises owned or wholly controlled by the State.198. Legislation to enforce Chapter 9
An Act of Parliament must provide measures to enforce the provisions of this Chapter, including measures—Chapter 10
Civil Service
199. Civil Service
200. Conduct of members of Civil Service
201. Minister responsible for Civil Service
The President must appoint a Minister to be responsible for the Civil Service.202. Establishment and composition of Civil Service Commission
203. Functions of Civil Service Commission
204. Ambassadors and other principal representatives of Zimbabwe
The President may appoint persons to be ambassadors or other principal representatives of Zimbabwe in other countries or to be accredited to international organisations and may, at any time, remove those persons from their posts.205. Permanent Secretaries
Chapter 11
Security services
Part 1 – General provisions
206. National security
207. Security services
208. Conduct of members of security services
209. National Security Council
210. Independent complaints mechanism
An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.Part 2 – Defence Forces
211. Defence Forces
212. Function of Defence Forces
The function of the Defence Forces is to protect Zimbabwe, its people, its national security and interests and its territorial integrity and to uphold this Constitution.213. Deployment of Defence Forces
214. Political accountability for deployment of Defence Forces
When the Defence Forces are deployed—215. Minister responsible for Defence Forces
The President must appoint a Minister to be responsible for the Defence Forces.216. Command of Defence Forces
217. Establishment and composition of Defence Forces Service Commission
218. Functions of Defence Forces Service Commission
Part 3 – Police Service
219. Police Service and its functions
220. Minister responsible for Police Service
The President must appoint a Minister to be responsible for the Police Service.221. Commissioner-General of Police
222. Establishment and composition of Police Service Commission
223. Functions of Police Service Commission
Part 4 – Intelligence services
224. Establishment of intelligence services
225. Minister responsible for national intelligence service
The President must appoint a Minister to be responsible for any national intelligence service.226. Command or control of national intelligence service
Part 5 – Prisons and Correctional Service
227. Prisons and Correctional Service and its functions
228. Minister responsible for Prisons and Correctional Service
The President must appoint a Minister to be responsible for the Prisons and Correctional Service.229. Commissioner-General of Prisons and Correctional Service
230. Establishment and composition of Prisons and Correctional Service Commission
231. Functions of Prisons and Correctional Service Commission
Chapter 12
Independent Commissions supporting democracy
Part 1 – General
232. Independent Commissions
The following are the independent Commissions—233. Objectives of independent Commissions
The independent Commissions have the following general objectives in addition to those given to them individually—234. Staff of independent Commissions
The independent Commissions have power to employ staff and, subject to the law, to regulate their conditions of service.235. Independence of Commissions
236. Members of independent Commissions to be non-political
237. Appointment and removal from office of members of independent Commissions
Part 2 – Zimbabwe Electoral Commission
238. Establishment and composition of Zimbabwe Electoral Commission
239. Functions of Zimbabwe Electoral Commission
The Zimbabwe Electoral Commission has the following functions—240. Disqualifications for appointment to Zimbabwe Electoral Commission
In addition to the persons mentioned in section 320(3), the following persons are ineligible for appointment to the Zimbabwe Electoral Commission—241. Zimbabwe Electoral Commission to report on elections and referendums
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Electoral Commission must without delay, and through the appropriate Minister, submit a report to Parliament on the conduct of every election and every referendum.Part 3 – Zimbabwe Human Rights Commission
242. Establishment and composition of Zimbabwe Human Rights Commission
243. Functions of Zimbabwe Human Rights Commission
244. Reports to and by Zimbabwe Human Rights Commission
Part 4 – Zimbabwe Gender Commission
245. Establishment and composition of Zimbabwe Gender Commission
246. Functions of Zimbabwe Gender Commission
The Zimbabwe Gender Commission has the following functions—247. Reports by Zimbabwe Gender Commission
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Gender Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to gender issues which, in the Commission’s opinion, should be brought to the attention of Parliament.Part 5 – Zimbabwe Media Commission
248. Establishment and composition of Zimbabwe Media Commission
249. Functions of Zimbabwe Media Commission
250. Reports of Zimbabwe Media Commission
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Media Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to the media which, in the Commission’s opinion, should be brought to the attention of Parliament.Part 6 – National Peace and Reconciliation Commission
251. Establishment and composition of National Peace and Reconciliation Commission
252. Functions of National Peace and Reconciliation Commission
The National Peace and Reconciliation Commission has the following functions—253. Reports of National Peace and Reconciliation Commission
In addition to the report it is required to submit in terms of section 323, the National Peace and Reconciliation Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to national peace and reconciliation which, in the Commission’s opinion, should be brought to the attention of Parliament.Chapter 13
Institutions to combat corruption and crime
Part 1 – Zimbabwe Anti-Corruption Commission
254. Establishment and composition of Zimbabwe Anti-Corruption Commission
255. Functions of Zimbabwe Anti-Corruption Commission
256. Application of certain provisions of Chapter 12 to Zimbabwe Anti-Corruption Commission
Sections 234, 235, 236 and 237 apply to the Zimbabwe Anti-Corruption Commission and its members as if it were an independent Commission established by Chapter 12.257. Reports by Zimbabwe Anti-Corruption Commission
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Anti-Corruption Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to improper conduct in the public and private sectors which, in the Commission’s opinion, should be brought to the attention of Parliament.Part 2 – National Prosecuting Authority
258. Establishment and functions of National Prosecuting Authority
There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions.259. Prosecutor-General and other officers
260. Independence of Prosecutor-General
261. Conduct of officers of National Prosecuting Authority
262. Prosecutor-General to report annually to Parliament
The Prosecutor-General must submit to Parliament, through the appropriate Minister, an annual report on the operations and activities of the National Prosecuting Authority, the report being submitted not later than six months after the beginning of the year following the year to which the report relates.263. Other powers of prosecution
An Act of Parliament may confer powers of prosecution on persons other than the National Prosecuting Authority, but those powers must not limit or conflict with the Authority’s powers under this Part.Chapter 14
Provincial and local government
Preamble
Whereas it is desirable to ensure:Part 1 – Preliminary
264. Devolution of governmental powers and responsibilities
265. General principles of provincial and local government
266. Conduct of employees of provincial and local governments
Part 2 – Provinces and provincial and metropolitan councils
267. Provinces and districts of Zimbabwe
268. Provincial councils
269. Metropolitan councils
270. Functions of provincial and metropolitan councils
271. Committees of provincial councils
For the better exercise of their functions, provincial and metropolitan councils may establish committees but each such committee must be presided over by a member referred to in section 268(1)(h) or 269(1)(h), as the case may be.272. Chairpersons of provincial councils
273. General provisions relating to provincial and metropolitan councils
Part 3 – Local government
274. Urban local authorities
275. Local authorities for rural areas
276. Functions of local authorities
277. Elections to local authorities
278. Tenure of seats of members of local authorities
279. Procedure of local authorities
An Act of Parliament must provide for the procedure to be followed by councils of local authorities.Chapter 15
Traditional leaders
280. Traditional leadership
281. Principles to be observed by traditional leaders
282. Functions of traditional leaders
283. Appointment and removal of traditional leaders
An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—284. Remuneration and benefits of traditional leaders
285. National Council and provincial assemblies of Chiefs
286. Functions of National Council and provincial assemblies of Chiefs
287. Integrity and Ethics Committee
An Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions—Chapter 16
Agricultural land
288. Interpretation of Chapter 16
In this Chapter—"agricultural land" has the meaning given to it by section 72.289. Principles guiding policy on agricultural land
In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country’s natural resources, policies regarding agricultural land must be guided by the following principles—290. Continuation of rights of State in agricultural land
291. Continuation of rights of occupiers of agricultural land
Subject to this Constitution, any person who, immediately before the effective date, was using or occupying, or was entitled to use or occupy, any agricultural land by virtue of a lease or other agreement with the State continues to be entitled to use or occupy that land on or after the effective date, in accordance with that lease or other agreement.292. Security of tenure for occupiers of agricultural land
The State must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land.293. Alienation of agricultural land by State
294. Alienation of agricultural land by owners or occupiers
Subject to any limitation imposed by law, an owner or occupier of agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land.295. Compensation for acquisition of previously-acquired agricultural land
296. Establishment and composition of Zimbabwe Land Commission
297. Functions of Zimbabwe Land Commission
Chapter 17
Finance
Part 1 – Financial management
298. Principles of public financial management
299. Parliamentary oversight of State revenues and expenditure
300. Limits of State borrowings, public debt and State guarantees
301. Allocation of revenues between provincial and local tiers of government
Part 2 – Consolidated Revenue Fund
302. Consolidated Revenue Fund
There is a Consolidated Revenue Fund into which must be paid all fees, taxes and borrowings and all other revenues of the Government, whatever their source, unless an Act of Parliament—303. Withdrawals from Consolidated Revenue Fund
304. Charges upon Consolidated Revenue Fund
Part 3 – Authorisation of expenditure from Consolidated Revenue Fund
305. Appropriations from Consolidated Revenue Fund
306. Authorisation of expenditure in advance of appropriation
307. Unauthorised expenditure
Part 4 – Safeguarding of public funds and property
308. Duties of custodians of public funds and property
Part 5 – Auditor-General
309. Auditor-General and his or her functions
310. Appointment of Auditor-General
311. Independence of Auditor-General
In the exercise of his or her functions the Auditor-General is independent and subject only to the law.312. Remuneration of Auditor-General
313. Removal of Auditor-General from office
314. Staff of Auditor-General
An Act of Parliament must provide for the appointment of a board to employ persons to assist the Auditor-General in the exercise of his or her functions, and must also provide for—Part 6 – General
315. Procurement and other governmental contracts
316. Management of statutory bodies
An Act of Parliament must provide for the competent and effective operation of statutory bodies and, in particular, must ensure that their chief executive officers serve for limited periods whose renewal is dependent on the efficient performance of their duties.317. Reserve Bank of Zimbabwe
Chapter 18
General and supplementary provisions
Part 1 – General provisions as to Commissions
318. Application of Part 1
This Part applies to the Commissions established by this Constitution, and to the members of every such Commission.319. Commissions to be bodies corporate
The Commissions are bodies corporate with perpetual succession and are capable of suing and being sued in their own names.320. Membership of Commissions and conditions of service of members
321. Functions and procedure of Commissions
322. Funding of Commissions
Parliament must ensure that sufficient hinds are appropriated to the Commissions to enable them to exercise their functions effectively.323. Commissions to report annually to Parliament
Part 2 – General
324. Diligent performance of constitutional obligations
All constitutional obligations must be performed diligently and without delay.325. Funding of constitutional bodies and other institutions
326. Customary international law
327. International conventions, treaties and agreements
328. Amendment of Constitution
329. Commencement of Constitution, transitional provisions and savings
The Sixth Schedule applies to the commencement of this Constitution, the repeal of the former Constitution and the transition to the new constitutional order established by this Constitution.Part 3 – Interpretation
330. Application of Part 3
This Part applies to the interpretation of this Constitution unless the context otherwise requires.331. General principles of interpretation of the Constitution
Section 46 applies, with any necessary changes, to the interpretation of this Constitution apart from Chapter 4.332. Definitions
In this Constitution—"Act of Parliament" means—(a)an enactment that has been passed by Parliament and then assented to and signed by the President in accordance with this Constitution; or(b)an enactment that was in force in Zimbabwe as an Act of Parliament immediately before the effective date, including—(i)any enactment included in the revised edition of the statute law of Zimbabwe prepared in 1996 under the authority of the Statute Law Compilation and Revision Act [Chapter 1:03]; and(ii)any enactment which, though omitted from the revised edition referred to in subparagraph (i), continued in force notwithstanding that omission; and(iii)any enactment enacted by the Parliament of Zimbabwe after the revised edition referred to in subparagraph (i) but before the effective date;"administrative conduct" includes any decision, act or omission of a public officer or of a person performing a function of a public nature, and a failure or refusal of such a person to reach such a decision or to perform such an act;"amend" includes vary, alter, modify, add to, delete or adapt;"by-election" means an election to fill a casual vacancy in Parliament or in a local authority;"Chief" means a Chief referred to in Chapter 15;"Civil Service" has the meaning given to it by section 199;"Commission" means a Commission established by this Constitution;"Committee on Standing Rules and Orders" means the committee of that name established under section 151;"Communal Land" means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief;"Constitutional Bill" means a Bill which, if enacted, would have the effect of amending any of the provisions of this Constitution;"Constitutional Court" means the Constitutional Court established by section 162(a);"constitutional matter" means a matter in which there is an issue involving the interpretation, protection or enforcement of this Constitution;"customary law" means the customary law of any section or community of Zimbabwe’s people;"disciplinary law" means a written law that regulates the discipline of members of a disciplined force, including part-time members, while they are rendering service in the force or in respect of their failure to render service in the force;"disciplined force" means—(a)a naval, military or air force;(b)a police service;(c)a prisons or correctional service; or(d)any other body established for public purposes by or under an Act of Parliament and declared by that Act to be a disciplined force;"effective date" means the date on which this Constitution comes wholly into operation in terms of paragraph 3(2) of the Sixth Schedule;"Electoral Law" means the Act of Parliament that regulates elections in terms of this Constitution;"financial year" means the twelve-month period ending on the 31st December;"function" includes power and duty;"Gazette" means the official Gazette of the Government and includes any supplement to that Gazette;"general election" means a general election—(a)of the President, Vice-Presidents and Members of Parliament;(b)of members of the governing bodies of local authorities;"Government" means the Government of Zimbabwe;"government-controlled entity" means a body corporate whose operations or activities are substantially controlled by the State or by a person on behalf of the State, whether through ownership of a majority of shares in the body corporate or otherwise;"House", unless otherwise qualified, means the Senate or the National Assembly;"independent Commission" means a Commission referred to in section 232;"judge" means a judge of the Constitutional Court, the Supreme Court, the High Court, the Labour Court or the Administrative Court;"Judicial Service Commission" means the Commission of that name established by section 189;"law" means—(a)any provision of this Constitution or of an Act of Parliament;(b)any provision of a statutory instrument; or(c)any unwritten law in force in Zimbabwe, including customary law; and "lawful", "lawfully", "legal" and "legally" are to be construed accordingly;"legal practitioner" means a person who is permitted to practise the profession of law in Zimbabwe;"local authority" means a council referred to in Part 3 of Chapter 14;"member", in relation to—(a)a Commission or other body established by this Constitution, includes the chairperson and deputy chairperson;(b)a statutory body, provincial or metropolitan council or local authority, means a person who is appointed or elected to a council, board or other authority which—(i)is a statutory body, provincial or metropolitan council or local authority; or(ii)is responsible for administering the affairs of the statutory body, provincial or metropolitan council or local authority;"Member of Parliament" means a Senator or a Member of the National Assembly;"metropolitan council" means a council established by section 269 for a metropolitan province;"metropolitan province" means Bulawayo Metropolitan Province or Harare Metropolitan Province, as the case may be;"Minister" includes a person exercising the functions of a Minister, whatever their title;"national legislation" means an Act of Parliament or a statutory instrument made under an Act of Parliament;"oath" includes affirmation;"offence" means a criminal offence;"period of public emergency" means a period when a declaration of a state of public emergency under section 113 is in effect;"person" means an individual or a body of persons, whether incorporated or unincorporated;"President" means the President of Zimbabwe;"President of the Senate" means the President of the Senate elected in terms of section 122;"provincial council" means a council established by section 268 for a province other than a metropolitan province;"public office" means a paid office in the service of the State;"public officer" means a person holding or acting in a public office;"security service" means a security service referred to in section 207;"Senator Chief" means a Chief elected to the Senate in terms of section 120(1) (b) or (c);"sitting" means a period during which the Senate or the National Assembly is sitting continuously, including any period during which the Senate or the National Assembly, as the case may be, is in committee;"sitting day" means any weekday which is prescribed in the Standing Orders of the National Assembly or the Senate, as the case may be, to be a sitting day, whether or not the House concerned meets on that day;"Speaker" means the Speaker of the National Assembly elected in terms of section 126;"Standing Orders", in relation to anything to be done by—(a)the Senate, means Standing Orders of the Senate;(b)the National Assembly, means Standing Orders of the National Assembly;(c)the Senate and the National Assembly jointly, means joint Standing Orders;made in terms of section 139;"statutory "body" means—(a)a Commission established by this Constitution; or(b)a body corporate established directly by or under an Act of Parliament for special purposes specified in that Act, whose membership consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, a Deputy Minister, another statutory body or by a Commission established by this Constitution;"statutory instrument" means any instrument that has the force of law and that is made by the President, a Vice-President, a Minister or any other person or authority under this Constitution or an Act of Parliament;"tax" includes a duty, rate, levy or due;"traditional leader" means a person appointed as such in terms of section 283;"Zimbabwe" means the Republic of Zimbabwe;"Zimbabwe Electoral Commission" means the Commission of that name established by section 238;"Zimbabwe Human Rights Commission" means the Commission of that name established by section 242.333. References to Chapters, sections, etc.
Any reference in this Constitution, without qualification, to—334. Words in singular to include plural, and vice versa
In this Constitution, words in the singular include the plural and words in the plural include the singular.335. Tables and headings
Tables of contents and headings to Chapters, Parts, sections and other provisions of this Constitution do not form part of the Constitution and are inserted for ease of reference only.336. References to time
337. References to holders of office
Whenever this Constitution refers to the holder of an office by a term designating the office, the reference includes a reference to any person who is lawfully acting in or exercising the functions of that office.338. References to Parliament
Where this Constitution requires a report or other document to be submitted to or laid before Parliament, the report or document must be submitted to or laid before both the Senate and the National Assembly.339. Advice and consultation
340. Appointments
341. Resignations
342. Exercise of functions, etc.
343. When person not regarded as holding public office
For the purposes of this Constitution, persons are not to be regarded as holding public office solely on the ground that they receive a pension, half-pay, retirement pay or some other similar allowance in respect of previous service in a public office.344. Quorum and effect of vacancies in constitutional bodies
345. Inconsistencies between different texts of Constitution
In the event of an inconsistency between different texts of this Constitution, the English text prevails.First Schedule (Section 4)
National Flag, National Anthem, National Coat of Arms and Public Seal
Part 1 – National Flag

Part 2 – National Anthem (English) English version
National Anthem (Music)

Part 3 – National Coat of Arms

Part 4 – Public Seal
[Depict the Public Seal]Second Schedule (Section 87)
Limitations on rights during public emergencies
Third Schedule (Sections 94, 104, 114, 122, 123, 126, 127, 128, 185, 259, 272, 310 and 320)
Oaths and affirmations
Notes:Oath or affirmation of loyalty
I ________________ swear [or solemnly affirm] that I will be faithful and bear true allegiance to Zimbabwe and observe the laws of Zimbabwe.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the person specified in the appropriate legislation.Oath or affirmation of office
I, __________________ swear [or solemnly affirm] that I will serve Zimbabwe well and truly in the office of.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the person specified in the appropriate legislation.Oath or affirmation of President and Vice-Presidents
I, ________________ swear [or solemnly affirm] that as President [or Vice-President] of Zimbabwe I will be faithful to Zimbabwe and will obey, uphold and defend the Constitution and all other laws of Zimbabwe, and—that I will promote whatever will advance, and oppose whatever may harm, Zimbabwe;that I will protect and promote the rights of the people of Zimbabwe;that I will discharge my duties with all my strength to the best of my knowledge and ability and true to the dictates of my conscience; andthat I will devote myself to the well-being of Zimbabwe and its people. So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the Chief Justice or, in his or her absence, before the next most senior judge available.Oath or affirmation of Minister
I, ________________ swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of Minister, will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the President of Zimbabwe freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of Zimbabwe; that I will not disclose, directly or indirectly, any secret that is debated in Cabinet or any secret that is entrusted to me in the course of my duties as Minister; and that in all respects I will perform the duties of my office faithfully and to the best of my ability.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the President or, in his or her absence, before the Chief Justice or the next most senior judge available.Oath or affirmation of Deputy Minister
I ________________ swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of Deputy Minister, will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the President of Zimbabwe freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of Zimbabwe; that I will not disclose, directly or indirectly, any secret that is entrusted to me in the course of my duties as Deputy Minister; and that in all respects I will perform the duties of my office faithfully and to the best of my ability.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the President or, in his or her absence, before the Chief Justice or the next most senior judge available.Oath or affirmation of Member of Parliament
I, ________________ swear [or solemnly affirm] that I will be faithful to Zimbabwe, that I will uphold the Constitution and all other laws of Zimbabwe, and that I will perform my duties as a Senator/Member of the National Assembly [whichever is appropriate] faithfully and to the best of my ability.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the Clerk of Parliament.Judicial oath or affirmation
I ________________swear [or solemnly affirm] that I will be faithful to Zimbabwe and that in the office of ________________, I will uphold and protect the Constitution and will administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law.So help me God. [To be omitted in affirmation]Where the person taking this oath or affirmation is a judge, it is to be taken before the Chief Justice, or the next most senior judge available. In all other cases it is to be taken before the person specified in the appropriate legislation.Oath or affirmation of member of provincial/metropolitan Council
I ________________ swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of member of the provincial [or metropolitan] council of the Province of, [state name of province] will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the Chairperson [or Mayor] of [state name of province] freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of the Province; that I will not disclose, directly or indirectly, any secret that is debated in the provincial [or metropolitan]council or any secret that is entrusted to me in the course of my duties as member of that council; and that in all respects I will perform the duties of my office faithfully and to the best of my ability.So help me God. [To be omitted in affirmation]This oath or affirmation is to be taken before the person specified in the appropriate legislation.Fourth Schedule (Sections 92, 121, 124, 125 and 158)
Qualifications of voters
Fifth Schedule (Sections 130 and 131)
Procedure as to Bills and other matters in Parliament
Part 1 – Introduction to Bills, motions and petitions
Part 2 – Procedure regarding Bills
Part 3 – Reports of Parliamentary Legal Committee
Sixth Schedule (Sections 329 and 332)
Commencement of this Constitution, transitional provisions and savings
Part 1 – Preliminary
Part 2 – Commencement of this Constitution and repeal of former Constitution
Part 3 – First elections
Part 4 – Savings and transitional provisions
History of this document
07 September 2017 this version
22 May 2013
Published
Commenced
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Cited documents 0
Documents citing this one 1
Judgment 1
1. | Gurajena v Chiyangwa (559 of 2023) [2023] ZWHHC 559 (19 October 2023) |