Constitution of Zimbabwe

Last updated

Constitution of Zimbabwe
Constitution of Zimbabwe.png
Front page of the 2013 Constitution of Zimbabwe
Overview
Jurisdiction Zimbabwe
Presented5 February 2013
Ratified 22 May 2013
Date effective 22 August 2013;10 years ago (2013-08-22)
System Unitary presidential republic
Government structure
Branches 3
Chambers Bicameral
Executive President
Judiciary Constitutional Court of Zimbabwe, Supreme, High Court of Zimbabwe
Federalism No
Electoral college No
Entrenchments 0
History
First legislature 22 August 2013
First executive22 August 2013
Amendments 2
Last amended7 May 2021
Citation Constitution of Zimbabwe, as amended up to 20th June 2023 (PDF), 20 June 2023
Commissioned by 2008–2009 Zimbabwean political negotiations
Author(s)Parliamentary Select Committee
Signatories Robert Mugabe
SupersedesConstitution of Zimbabwe Amendment (No. 19) Act, 2008

The Constitution of Zimbabwe is the supreme law of Zimbabwe. The independence constitution of 1980 was the result of the 1979 Lancaster House Agreement and is sometimes called the Lancaster Constitution. [1] A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000.

Contents

In practice, the 2008 power-sharing deal provided the structure for much of the government. The three political parties in Zimbabwe, ZANU-PF, MDC-T and MDC-N negotiated a new proposed constitution after a constitutional outreach program. [2]

The new constitution was presented to Parliament on 5 February 2013 and subsequently approved in the referendum of 16 March 2013. [3] [4] Parliament approved it on 9 May 2013 and President Robert Mugabe gave it his assent on 22 May 2013.

Certain provisions of the Constitution (principally the Declaration of Rights and provisions for presidential and parliamentary elections) came into operation on 22 May 2013, when Act 1 of 2013 was published. That date was the “publication day” as defined in paragraph 1 of the Sixth Schedule to the Constitution. The provisions that came into operation then are set out in paragraph 3 of that Schedule.

The rest of the Constitution came into operation on 22 August 2013, when the President was sworn in after the first elections following the Act's assent; this date is the “effective date” as defined in paragraph 1 of the Sixth Schedule to the Constitution. Some of the new constitution's clauses, however, do not take effect for 10 years. [5]

In 2021, disability rights were codified into the Constitution through the National Disability Policy, which was drafted by Senator Rejoice Timire and the United Nations Partnership on the Rights of Persons with Disabilities. [6] [7]

Presidential succession

Sch 6, par 14 of the Constitution states: - "Special provision for election and tenure of first President and appointment of Vice-Presidents"

  1. "...[C]andidates for election as President do not nominate persons ... to stand for election as Vice-Presidents."
  2. "Without delay the person elected as President ... must appoint not more than two Vice-Presidents, who hold office at his or her pleasure." - in other words, the President can dismiss the Vice-Presidents.
  3. "Where--
    1. a. one Vice-President is appointed in terms of subparagraph (2), that person is the first Vice-President for the purposes of this Constitution;
    2. b. two Vice-Presidents are appointed in terms of subparagraph (2), the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable exercise his or her official functions through illness or any other cause."
  4. "...[S]ubject to subparagraphs (5) and (6), if the person elected President ... dies, resigns or is removed from office--
    1. a. the Vice-President or, where there are two Vice-Presidents, the Vice-President who was last nominated to act in terms of subparagraph (3)(b), acts as President until a new President assumes office in terms of subparagraph (5); and
    2. b. the vacancy in the office of President must be filled by a nominee of the political party which the President represented when he or she stood for election.
  5. "A political party which is entitled to nominate a person in terms of subparagraph (4)(b) must notify the Speaker of the nominee's name within ninety days after the vacancy occurred in the office of President, and thereupon the nominee assumes office as President after taking the oath of President ..., which oath the nominee must take within forty-eight hours after the Speaker was notified of his or her name."

Section 97 of the Constitution states (NB references to Vice-Presidents omitted, as they currently serve at the President's pleasure): - "Removal of President ... from office

  1. "The Senate and the National Assembly, by a joint resolution passed by at least one-half of their total membership, may resolve that the question whether or not the President ... should be removed from office for—
    1. (a) serious misconduct;
    2. (b) failure to obey, uphold or defend this Constitution;
    3. (c) wilful violation of this Constitution; or
    4. (d) inability to perform the functions of the office because of physical or mental incapacity; should be investigated in terms of this section."
  2. "Upon the passing of a resolution in terms of subsection (1), the Committee on Standing Rules and Orders must appoint a joint committee of the Senate and the National Assembly consisting of nine members reflecting the political composition of Parliament, to investigate the removal from office of the President ..."
  3. "If—
    1. (a) the joint committee appointed in terms of subsection (2) recommends the removal from office of the President ...; and
    2. (b) the Senate and the National Assembly, by a joint resolution passed by at least two-thirds of their total membership, resolve that the President ... should be removed from office; the President ... thereupon ceases to hold office."

[8] [9]

Related Research Articles

Until roughly 2,000 years ago, what would become Zimbabwe was populated by ancestors of the San people. Bantu inhabitants of the region arrived and developed ceramic production in the area. A series of trading empires emerged, including the Kingdom of Mapungubwe and Kingdom of Zimbabwe. In the 1880s, the British South Africa Company began its activities in the region, leading to the colonial era in Southern Rhodesia.

<span class="mw-page-title-main">Politics of Zimbabwe</span>

The politics of Zimbabwe occurs in a society deeply divided along lines of race, ethnicity, gender and geography. The ZANU–PF party has historically been dominant in Zimbabwe politics. The party, which was led by Robert Mugabe from 1980 to 2017, has used the powers of the state to intimidate, imprison and otherwise hobble political opposition in Zimbabwe, as well as use state funds and state media to advance the interests of the party.

<span class="mw-page-title-main">ZANU–PF</span> Ruling political party of Zimbabwe

The Zimbabwe African National Union – Patriotic Front (ZANU–PF) is a political organisation which has been the ruling party of Zimbabwe since independence in 1980. The party was led for many years by Robert Mugabe, first as prime minister with the Zimbabwe African National Union (ZANU) and then as president from 1987 after the merger with the Zimbabwe African People's Union (ZAPU) and retaining the name ZANU–PF, until 2017, when he was removed as leader.

Jonathan Nathaniel Mlevu Moyo is a Zimbabwean politician who served in the government of Zimbabwe as Minister of Higher Education from 2015 to 2017. He was previously Minister of Information and Publicity from 2000 to 2005 and again from 2013 to 2015. He was elected to the House of Assembly of Zimbabwe as an independent candidate in 2005 and 2008. He is considered the core architect of the AIPPA and POSA restrictive legislation.

<span class="mw-page-title-main">Senate of Zimbabwe</span> Upper house of the Parliament of Zimbabwe

The Senate of Zimbabwe is the upper of the two chambers in Zimbabwe's Parliament. It existed from independence in 1980 until 1989, and was re-introduced in November 2005. The other chamber of Parliament is the National Assembly.

Welshman Ncube is a Zimbabwean lawyer, businessman and politician. He is the founding MDC leader and former President of Zimbabwean political party Movement for Democratic Change – Ncube. He currently serves within the Citizen Coalition for Change (CCC). He is a practicing lawyer in the firm Mathonsi Ncube Law Chambers, where he is the senior partner at their Bulawayo offices. He also runs a number of business ventures, including a farm in the Midlands Province.

<span class="mw-page-title-main">Nelson Chamisa</span> Zimbabwean politician (born 1978)

Nelson Chamisa is a Zimbabwean politician and the former President of the Citizens Coalition For Change. He served as Member of the House of Assembly of Zimbabwe for Kuwadzana East, Harare. Chamisa was the MDC Alliance's candidate for president in the 2018 general election, having previously been the leader of the party's youth assembly. He has served as the former chairperson of national youth for the same party as well as the Secretary for Information and Publicity for the opposition party Movement for Democratic Change (MDC). In 2003, at the age of 25, Chamisa became the youngest Member of Parliament. Chamisa was also the youngest cabinet minister in Government of National Unity of Zimbabwe in 2009.

<span class="mw-page-title-main">Prime Minister of Zimbabwe</span> Former head of government in Zimbabwe

The prime minister of Zimbabwe was a political office in the government of Zimbabwe that existed on two occasions. The first person to hold the position was Robert Mugabe from 1980 to 1987 following independence from the United Kingdom. He took office when Southern Rhodesia became the Republic of Zimbabwe on 18 April 1980. This position was abolished when the constitution was amended in 1987 and Mugabe became president of Zimbabwe, replacing Canaan Banana as the head of state while also remaining the head of government. The office of prime minister was restored in 2009 and held by Morgan Tsvangirai until the position was again abolished by the 2013 Constitution of Zimbabwe.

<span class="mw-page-title-main">Kembo Mohadi</span> Zimbabwean politician

Kembo Dugish Campbell Muleya Mohadi is a Zimbabwean politician and Vice-President of Zimbabwe since 8 September 2023. He previously served in the same role from 28 December 2017 to 1 March 2021, when he resigned. He briefly served as the Minister of Defence, Security and War Veterans in 2017. Previously he was Minister of State for National Security in the President's Office from 2015 to 2017 and Minister of Home Affairs from 2002 to 2015.

<span class="mw-page-title-main">2008–2009 Zimbabwean political negotiations</span>

The 2008–2009 Zimbabwean political negotiations between the opposition Movement for Democratic Change, its small splinter group, the Movement for Democratic Change – Mutambara, and the ruling Zimbabwe African National Union – Patriotic Front were intended to negotiate an end to the partisan violence and human rights violations in Zimbabwe and create a framework for a power-sharing executive government between the two parties. These negotiations followed the 2008 presidential election, in which Mugabe was controversially re-elected, as well as the 2008 parliamentary election, in which the MDC won a majority in the House of Assembly.

<span class="mw-page-title-main">Movement for Democratic Change (1999–2005)</span> Zimbabwean political party

The Movement for Democratic Change (MDC) was a Zimbabwean political party organised under the leadership of Morgan Tsvangirai. The MDC was formed in 1999 as an opposition party to President Robert Mugabe's Zimbabwe African National Union – Patriotic Front (Zanu-PF). The MDC was made up of many civic groups who campaigned for the "No" vote in the 2000 constitutional referendum, which would limit a president's service to two terms, before the introduction of a prime minister, as well as giving legal immunities to the state.

<span class="mw-page-title-main">7th Parliament of Zimbabwe</span> 2008–2013 meeting of Zimbabwean Senate and House of Assembly

The 7th Parliament of Zimbabwe was a meeting of the Zimbabwean Parliament, composed of the Senate and the House of Assembly. It met in Harare over five sessions from 25 August 2008 to 27 June 2013. Its membership was set by the disputed 2008 Zimbabwean general election, which resulted in a ZANU–PF majority in the Senate and Movement for Democratic Change – Tsvangirai control of the House of Assembly. Political negotiations resulted in the 2009 Government of National Unity, a coalition government composed of ZANU–PF, the MDC–T, and the MDC–M.

<span class="mw-page-title-main">Movement for Democratic Change – Tsvangirai</span> Political party in Zimbabwe

The Movement for Democratic Change – Tsvangirai (MDC–T) is a centre-left political party and was the main opposition party in the House of Assembly of Zimbabwe ahead of the 2018 elections. After the split of the original Movement for Democratic Change in 2005, the MDC–T remained the major opposition faction, while a smaller faction, the Movement for Democratic Change – Ncube, or MDC–N, was led by Welshman Ncube.

The Government of National Unity refers to Zimbabwe's coalition government that was formed on 13 February 2009 following the inaugurations of Morgan Tsvangirai as Prime Minister and Thokozani Khuphe and Arthur Mutambara as Deputy Prime Ministers. It is a coalition organized among President Robert Mugabe's Zimbabwe African National Union – Patriotic Front, Tsvangirai's Movement for Democratic Change, and Mutambara's MDC, as agreed to during recent negotiations.

<span class="mw-page-title-main">Morgan Tsvangirai</span> Prime Minister of Zimbabwe, 2009 to 2013

Morgan Richard Tsvangirai was a Zimbabwean politician who was Prime Minister of Zimbabwe from 2009 to 2013. He was president of the Movement for Democratic Change, and later the Movement for Democratic Change – Tsvangirai (MDC–T), and a key figure in the opposition to former president Robert Mugabe.

<span class="mw-page-title-main">2013 Zimbabwean general election</span>

General elections were held in Zimbabwe on 31 July 2013. Incumbent President Robert Mugabe was re-elected, whilst his ZANU–PF party won a two-thirds majority in the National Assembly.

<span class="mw-page-title-main">President of Zimbabwe</span> Head of state and of government in Zimbabwe

The president of Zimbabwe is the head of state of Zimbabwe and head of the executive branch of the government of Zimbabwe. The president chairs the national cabinet and is the chief commanding authority of the Zimbabwe Defence Forces. The incumbent president is Emmerson Mnangagwa, installed on 24 November 2017 after his predecessor, Robert Mugabe resigned in the aftermath of a 2017 coup d'état.

The Constitutional Council (CC) is a 10-member constitutional authority in Sri Lanka tasked with maintaining independent commissions and monitoring its affairs. The Constitutional Council is aimed at depoliticizing the public service.

<span class="mw-page-title-main">2018 Zimbabwean general election</span>

General elections were held in Zimbabwe on 30 July 2018 to elect the President and members of both houses of Parliament. Held eight months after the 2017 coup d'état, the election was the first since independence in which former President Robert Mugabe was not a candidate.

<span class="mw-page-title-main">Liberal Democrats (Zimbabwe)</span> Political party in Zimbabwe

The Liberal Democrats of Zimbabwe was formed in 2015 from South Africa. It is a political party registered in terms of ZEC requirements in Zimbabwe. The party did not participate in the 2018 general election. In 2016 it petitioned the Zimbabwean Embassy in Pretoria over the spending of US$800,000 on Robert Mugabe's birthday when many Zimbabweans were starving.

References

  1. ↑ "Zimbabwe's Lancaster Constitution No Longer An Option". The Zimbabwean. Retrieved 18 February 2011.
  2. ↑ Thornycroft, Peta. "Zimbabwe's Constitutional Outreach Program Ends". Voice of America . Archived from the original on 29 June 2011. Retrieved 18 February 2011.
  3. ↑ "Zimbabwe approves new constitution". Bbc.co.uk. 19 March 2013. Retrieved 21 November 2017.
  4. ↑ "Zimbabwe: The Battle for Credible Polls in Zimbabwe Intensifies". AllAfrica. 18 April 2013. Retrieved 21 November 2017.
  5. ↑ Allison, Simon (26 March 2013). "Zimbabwe's new constitution is waiting for Mugabe to 'pass power - or pass away'". Theguardian.com. Retrieved 21 November 2017.
  6. ↑ "Addressing Inequalities in Parliament - Senator Rejoice Timire". United Nations Development Programme . 28 June 2019. Retrieved 18 November 2023.
  7. ↑ Machivenyika, Farirai (12 June 2021). "People Living With Disabilities Hail New Policy". The Herald . Retrieved 18 November 2023.
  8. ↑ Chifera, Irwin (25 March 2016). "Experts Say Zimbabwe Constitution Can't Address Mugabe Succession". Voice of America . Retrieved 19 November 2017.
  9. ↑ Matyszak, Derek (1 October 2014). "Succession and the new Constitution". New Zimbabwe. Archived from the original on 15 November 2017. Retrieved 19 November 2017.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.