Constitution

Zimbabwe 2013 Constitution (reviewed 2017)

Table of Contents

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

  1. Except as otherwise provided in this Constitution, every member of a Commission is appointed for a term of five years which is renewable for one additional term only.
  2. Members of Commissions, other than–
    1. the independent Commissions;
    2. the Judicial Service Commission;
    3. the Zimbabwe Anti-Corruption Commission; and
    4. the Zimbabwe Land Commission;

    hold office at the pleasure of the President.

  3. Subject to this Constitution, Members of Parliament and members of provincial or metropolitan councils, local authorities and Government-controlled entities are not eligible to be appointed as members of a Commission.
  4. Where a Commission has a chairperson and a deputy chairperson, they must be of different genders.
  5. Before entering office, members of Commissions must take before the President, or a person authorised by the President, the oaths of loyalty and office in the forms set out in the Third Schedule.
  6. Members of Commissions are entitled to such remuneration, allowances and other benefits as may be fixed by or under an Act of Parliament, and their remuneration must not be reduced during the members’ tenure of office.
  7. The remuneration and allowances of members of Commissions are a charge on the Consolidated Revenue Fund.

321. Functions and procedure of Commissions

  1. An Act of Parliament may confer additional functions on a Commission and may regulate the manner in which a Commission exercises its functions, provided that the Commission’s independence or effectiveness is not compromised.
  2. An Act of Parliament referred to in subsection (1) may permit a Commission to delegate its functions, but a Commission must not delegate its power to make appointments to, or to make recommendations or give advice on, any office established by this Constitution.
  3. Subject to this Constitution, any decision of a Commission requires the concurrence of a majority of the Commission’s members who are present when the decision is taken.
  4. An Act of Parliament may provide for the procedures to be adopted by a Commission, and in any respect that is not so provided for the Commission may determine its own procedures, but any such procedures must be fair and promote transparency in the performance of the Commission’s functions.

322. Funding of Commissions

Parliament must ensure that sufficient funds are appropriated to the Commissions to enable them to exercise their functions effectively.

323. Commissions to report annually to Parliament

  1. Every Commission must submit to Parliament, through the responsible Minister, an annual report describing fully its operations and activities, the report being submitted not later than the end of March in the year following the year to which the report relates.
  2. An Act of Parliament may require a Commission to submit further reports in addition to the annual report specified in subsection (1), and may prescribe the way in which such reports are to be submitted.

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

  1. The Government must ensure that adequate funds are provided–
    1. to the Commissions and other institutions established by this Constitution, to enable them to perform their functions effectively;
    2. to Parliament, to enable it and its committees to meet whenever necessary; and
    3. to all other institutions of the State and government, to enable them to perform their obligations under this Constitution.
  2. The Commissions and other institutions established by this Constitution must be given a reasonable opportunity to make representations to a parliamentary committee as to the funds to be allocated to them in each financial year.

326. Customary international law

  1. Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament.
  2. When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe, in preference to an alternative interpretation inconsistent with that law.

327. International conventions, treaties and agreements

  1. In this section–
    • “international organisation” means an organisation whose membership consists of two or more independent States or in which two or more independent States are represented;
      “international treaty” means a convention, treaty, protocol or agreement between one or more foreign States or governments or international organisations.
  2. An international treaty which has been concluded or executed by the President or under the President’s authority–
    1. does not bind Zimbabwe until it has been approved by Parliament; and
    2. does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament.
  3. An agreement which is not an international treaty but which–
    1. has been concluded or executed by the President or under the President’s authority with one or more foreign organisations or entities; and
    2. imposes fiscal obligations on Zimbabwe;

    does not bind Zimbabwe until it has been approved by Parliament.

  4. An Act of Parliament may provide that subsections (2) and (3)–
    1. do not apply to any particular international treaty or agreement or to any class of such treaties or agreements; or
    2. apply with modifications in relation to any particular international treaty or agreement or to any class of such treaties or agreements.
  5. Parliament may by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires–
    1. the withdrawal or appropriation of funds from the Consolidated Revenue Fund; or
    2. any modification of the law of Zimbabwe.
  6. When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on Zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement.

328. Amendment of Constitution

  1. In this section–
    • “Constitutional Bill” means a Bill that seeks to amend this Constitution;
      “term-limit provision” means a provision of this Constitution which limits the length of time that a person may hold or occupy a public office.
  2. An Act of Parliament that amends this Constitution must do so in express terms.
  3. A Constitutional Bill may not be presented in the Senate or the National Assembly in terms of section 131 unless the Speaker has given at least ninety days’ notice in the Gazette of the precise terms of the Bill.
  4. Immediately after the Speaker has given notice of a Constitutional Bill in terms of subsection (3), Parliament must invite members of the public to express their views on the proposed Bill in public meetings and through written submissions, and must convene meetings and provide facilities to enable the public to do so.
  5. A Constitutional Bill must be passed, at its last reading in the National Assembly and the Senate, by the affirmative votes of two-thirds of the membership of each House.
  6. Where a Constitutional Bill seeks to amend any provision of Chapter 4 or Chapter 16–
    1. within three months after it has been passed by the National Assembly and the Senate in accordance with subsection (5), it must be submitted to a national referendum; and
    2. if it is approved by a majority of the voters voting at the referendum, the Speaker of the National Assembly must cause it to be submitted without delay to the President, who must assent to and sign it forthwith.
  7. Notwithstanding any other provision of this section, an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment.
  8. Subsections (6) and (7) must not both be amended in the same Constitutional Bill nor may amendments to both those subsections be put to the people in the same referendum.
  9. This section may be amended only by following the procedures set out in subsections (3),(4), (5) and (6), as if this section were contained in Chapter 4.
  10. When a Constitutional Bill is presented to the President for assent and signature, it must be accompanied by–
    1. a certificate from the Speaker that at its final vote in the National Assembly the Bill received the affirmative votes of at least two-thirds of the membership of the Assembly; and
    2. a certificate from the President of the Senate that at its final vote in the Senate the Bill received the affirmative votes of at least two-thirds of the membership of the Senate.

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–
    “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–

    1. a naval, military or air force;
    2. a police service;
    3. a prisons or correctional service; or
    4. 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–

    1. of the President, Vice-Presidents and Members of Parliament;
    2. 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–

    1. any provision of this Constitution or of an Act of Parliament;
    2. any provision of a statutory instrument; or
    3. 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–

    1. a Commission or other body established by this Constitution, includes the chairperson and deputy chairperson;
    2. 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.
      1. is a statutory body, provincial or metropolitan council or local authority; or
      2. 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–

    1. the Senate, means Standing Orders of the Senate;
    2. the National Assembly, means Standing Orders of the National Assembly;
    3. the Senate and the National Assembly jointly, means joint Standing Orders; made in terms of section 139;
    “statutory body” means–

    1. a Commission established by this Constitution; or
    2. 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–

  1. a Chapter, section or Schedule, is to be construed as a reference to a Chapter or section of or Schedule to this Constitution;
  2. a subsection, is to be construed as a reference to a subsection of the section in which the reference is made;
  3. a paragraph, is to be construed as a reference to a paragraph of the Schedule, section, subsection or definition in which the reference is made;
  4. a subparagraph, is to be construed as a reference to a subparagraph of the paragraph or subparagraph in which the reference is made.

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

  1. In this Constitution, whenever a period of days is expressed–
    1. to begin on or to be reckoned from a particular day, that day is not to be included in the period;
    2. to end on or to be reckoned to a particular day, that day is to be included in the period.
  2. Subject to this Constitution, whenever the time for doing anything in terms of this Constitution ends or falls on a Saturday, Sunday or public holiday, the time extends to and the thing may be done on the next day that is not a Saturday, Sunday or public holiday.
  3. A reference in this Constitution to a month is to be construed as a reference to a calendar month, and a period of months is to be reckoned from the date when the period begins to the corresponding day of the month when the period ends.
  4. A reference in this Constitution without qualification to a year is to be construed as a reference to a period of twelve months.

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

  1. Whenever this Constitution requires any person or authority to act on the advice of anyone else, the person or authority must–
    1. inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; and
    2. afford the other person a reasonable opportunity to tender advice;

    and the person or authority is obliged to follow the advice tendered by the other person.

  2. Whenever this Constitution requires any person or authority to consult anyone else, or to act after consultation with anyone else, the person or authority must–
    1. inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act;
    2. afford the other person a reasonable opportunity to make recommendations or representations about the proposal; and
    3. give careful consideration to any recommendations or representations that the other person may make about the proposal;

    but the person or authority is not obliged to follow any recommendations made by the other person.

340. Appointments

  1. Except as otherwise provided in this Constitution, a power under this Constitution to appoint a person to an office includes a similar power–
    1. to reappoint the person to that office;
    2. to appoint a person on promotion or transfer to that office;
    3. to appoint a person to act in that office;
    4. to appoint a person to that office while it is held by someone else who is on leave of absence pending relinquishment of the office;
    5. to fix and vary the person’s conditions of service in that office, including the person’s remuneration and period of appointment and any benefits on termination of service; and
    6. subject to this Constitution, to suspend or remove the person from office.
  2. Where two or more persons hold the same office as a result of a person being appointed to it while the incumbent is on leave of absence pending relinquishment of the office, the person last appointed must be regarded as the sole holder of the office.
  3. Subject to this Constitution, an Act of Parliament may provide for the appointment of one or more deputies to any person holding an office under this Constitution and may provide for their functions and conditions of service.
  4. Where a deputy is appointed to a person holding an office under this Constitution, the deputy may exercise any of the functions of the office whenever the office-holder is for any reason unable to perform them.
  5. Subject to any provision of this Constitution that may limit the period or number of terms that anyone may serve in a particular office, a person who has vacated an office established by this Constitution may, if qualified, be re-appointed or re-elected to the office.

341. Resignations

  1. Any person who is appointed or elected to an office established by this Constitution may resign from that office by written notice addressed to the person that appointed or elected the office-holder concerned, but in the case of–
    1. the President, the notice must be addressed to the Speaker;
    2. the President of the Senate or his deputy, the notice must be addressed to the Clerk of Parliament or announced to the Senate;
    3. the Speaker or Deputy Speaker of the National Assembly, the notice must be addressed to the Clerk of Parliament or announced to the National Assembly;
    4. a Senator, the notice must be addressed to the president of the Senate;
    5. a Member of the National Assembly, the notice must be addressed to the Speaker;
    6. a member of a provincial council, the notice must be addressed to the chairperson of the council;
    7. a member of a metropolitan council, the notice must be addressed to the mayor of the province;
    8. a member of a local authority, the notice must be addressed to the chief executive officer of the council.
  2. A person’s resignation from an office established by this Constitution takes effect on the date or at the time indicated in the notice of resignation or, if no date or time is indicated, when the notice is received by the person to whom it is addressed or by anyone else who is authorised by that person to receive it.

342. Exercise of functions, etc

  1. A power, jurisdiction or right conferred by this Constitution may be exercised, and a duty imposed by this Constitution must be performed, whenever it is appropriate to do so.
  2. All institutions established by this Constitution have all powers necessary for them to fulfil their objectives and exercise their functions.
  3. Where a power, jurisdiction or right is conferred by this Constitution, any other powers or rights that are reasonably necessary or incidental to its exercise are impliedly conferred as well.

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

  1. A body established by or under this Constitution may act even if there are one or more vacancies in its membership, provided that the members of the body who authorise or perform the act are a quorum.
  2. Unless this Constitution or a law regulating the proceedings of the body concerned makes some different provision, half the total membership of any body established by or under this Constitution constitutes a quorum.
  3. Any reference in this Constitution to the votes of–
    1. half of the membership of a body whose membership is not a multiple of two;
    2. two-thirds of the membership of a body whose membership is not a multiple of three; or
    3. three-quarters of the membership of a body whose membership is not a multiple of four;

    is to be interpreted to mean that the number of votes must be not less than the whole number next above one-half, two-thirds or three-quarters, as the case may be, of the body’s membership.

  4. Any reference to the total membership of Parliament is a reference to the total number of persons who for the time being are Members of Parliament.

345. Inconsistencies between different texts of Constitution

In the event of an inconsistency between different texts of this Constitution, the English text prevails.