Homme-Politique.com - Constitution du Zimbabwé

1) The Republic

Zimbabwe is a sovereign republic and shall be known as "the Republic of Zimbabwe".

[Section as amended by section 2 of Act 30 of 1990]

2) Public seal

There shall be a public seal of Zimbabwe, showing the coat of arms of Zimbabwe with the inscription "Republic of Zimbabwe", which shall be kept by the President.

[Section as amended by section 3 of Act 30 of 1990]

3) Supreme law

This Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.

4) Citizens of Zimbabwe on Independence

A person who, immediately before the appointed day, was or was deemed to be a citizen by birth, descent or registration shall, on and after that day, be a citizen of Zimbabwe by birth, descent or registration, as the case may be.

5) Citizenship by birth

(1) A person born in Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth, unless

(a) at the time of his birth, his father

(i) possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and

(ii) is not a citizen of Zimbabwe;

(b) at the time of his birth

(i) his father is a enemy alien; and

(ii) his mother is interned in a place set aside for the internment of enemy aliens or the birth occurs in a place then under occupation by the enemy;

(c) at the time his birth, his father or, in the case of an illegitimate child, his mother is residing in Zimbabwe in contravention of the provisions of any law:

Provided that, if subsequent to his birth his father or mother, as the case may be, is accepted for permanent residence in Zimbabwe under any law in force in Zimbabwe, he shall be a citizen of Zimbabwe by birth; or

(d) at the time of his birth, his father or, in the case of an illegitimate child, his mother is

(i) not a citizen of Zimbabwe; and

(ii) not ordinarily resident in Zimbabwe.

(2) A person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth if

(a) his father or, in the case of an illegitimate child, his mother is at the time of his birth

(i) a citizen of Zimbabwe and resident outside Zimbabwe by reason of the service of his father or his mother, as the case may be, under the Government; or

(ii) lawfully ordinarily resident in Zimbabwe;

and

(b) his birth is registered in accordance with the law relating to the registration of births.

6) Citizenship by descent

Save as is otherwise provided by section 5 (2), a person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by descent if

(a) his father or, in the case of an illegitimate child, his mother is at the time of his birth a citizen of Zimbabwe otherwise than by descent; and

(b) his birth is registered in accordance with the law relating to the registration of births.

7) Citizenship by registration

(1) Any person who, immediately before the appointed day, possessed such qualifications prescribed by the law then in force relating to citizenship as would have entitled the Minister as defined in that law, upon application duly made and subject to the applicant satisfying the Minister as to certain matters, to authorize his registration as a citizen shall be entitled

(a) upon making application at any time during the period of five years from the appointed day in such manner as may be prescribed by or under an Act of Parliament; and

(b) after satisfying the Minister for the time being responsible for citizenship as to those matters;

to be registered as a citizen of Zimbabwe.

(2) Any woman who

(a) is, on the appointed day, married to a person who

(i) is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or

(ii) after the appointed day, becomes a citizen of Zimbabwe while the marriage still subsists;

(b) prior to the appointed day, was married to a person who

(i) is, on the appointed day a citizen of Zimbabwe by virtue of the provisions of section 4; or

(ii) having died before the appointed day, would, but for his death, have been a citizen of Zimbabwe by virtue of the provisions of section 4;

(c) on or after the appointed day, marries a person who is a citizen of Zimbabwe or who becomes a citizen of Zimbabwe while the marriage still subsists;

shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe.

(3) Any person, one of whose parents is a citizen of Zimbabwe at the date of his application, shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe:

Provided that, if the person is not of full age and capacity, the application shall be made on his behalf by his responsible parent or by his guardian or other lawful representative.

(4) A person adopted on or after the appointed day by order made under the law relating to the adoption of children who was not, at the date of the order, a citizen of Zimbabwe shall become a citizen of Zimbabwe on the date of the order if the adopter or, in the case of a joint adoption, the male adopter was, at the date of the order, a citizen of Zimbabwe, and such adopted person shall be regarded as a citizen of Zimbabwe by registration.

(5) The registration as a citizen of Zimbabwe of a person referred to in subsection (1), (2) or (3) who is of full age shall not be effected unless and until the person has taken and subscribed the oath of loyalty in the form set out in Schedule 1, and such person shall be registered and become a citizen of Zimbabwe by registration on the date he takes and subscribes the oath of loyalty.

(6) A person referred to in subsection (1) who has not been registered as a citizen of Zimbabwe shall, for the period referred to in that subsection, enjoy the same rights and privileges, other than those which relate to the acquisition of citizenship or which relate to qualifications for members of Parliament or voters, as a citizen of Zimbabwe.

[Subsection as amended by section 26 of Act 31 of 1989]

(7) In subsection (3), "responsible parent", in relation to a child, means

(a) if the father is dead or the mother has been given custody of the child by order of a court or has custody of the child by virtue of the provisions of a law relating to the guardianship of children or the child is illegitimate, the mother of the child;

(b) in any other case, the father of the child.

(8) For the purposes of this section, a person shall be regarded as

(a) of full age if he has attained the age of majority or if, being under that age, he is or has been married; and

(b) of full capacity if he is not of unsound mind.

8) Dual citizenship

[Section repealed by section 2 of Act 1 of 1983]

9) Powers of Parliament in relation to citizenship

Notwithstanding the provisions of this Chapter, an Act of Parliament may make provision in respect of citizenship and, without prejudice to the generality of the foregoing, may provide for

(a) the acquisition of citizenship of Zimbabwe by persons who are not eligible or who are no longer eligible to become citizens of Zimbabwe under this Chapter;

(b) the circumstances in which a person may cease to be a citizen of Zimbabwe;

(d) the renunciation by any person of his citizenship of Zimbabwe:

Provided that no such law shall provide for the cessation by, or deprivation of, any person of his citizenship of Zimbabwe where such person is a citizen thereof by birth except on the grounds that he is or has become a citizen of some other country.

[Section as substituted by section 3 of Act 1 of 1983]

10) Interpretation

(1) In this Chapter, "child" means a legitimate child and "father" shall be construed accordingly.

(2) For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place at which the ship or aircraft was registered or, as the case may be, in that country.

11) Fundamental rights and freedoms of the individual

Whereas every person in Zimbabwe is entitled to the fundamental rights and freedoms of the individual, that is to say, the right whatever his race, tribe, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association; and

(c) protection for the privacy of his home and other property and from the compulsory acquisition of property without compensation;

and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.

12) Protection of right to life

(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of the case

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(d) in order to prevent the commission by that person of a criminal offence;

or if he dies as the result of a lawful act of war.

(3) It shall be sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force immediately before the appointed day.

13) Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the cases specified in subsection (2).

(2) The cases referred to in subsection (1) are where a person is deprived of his personal liberty as may be authorized by law

(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in Zimbabwe or elsewhere, in respect of a criminal offence of which he has been convicted;

(b) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the order of Parliament punishing him for a contempt;

[Paragraph as amended by section 26 of Act 31 of 1989]

[Paragraph as amended by section 4 of Act 30 of 1990]

(d) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court or before Parliament in execution of the order of Parliament;

[Paragraph as amended by section 26 of Act 31 of 1989 and by section 9 of Act 15 of 1990]

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;

( f ) in execution of the order of a court or with the consent of his parent or guardian, for the purposes of his education or welfare during a period beginning before he attains the age of twentyone years and ending not later that the date when he attains the age of twentythree years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) if he is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care, treatment or rehabilitation or the protection of the community; or

(i) for the purpose of preventing his unlawful entry into Zimbabwe or for the purpose of effecting his expulsion, extradition or other lawful removal from Zimbabwe or the taking of proceedings relating thereto.

(3) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted at his own expense to obtain and instruct without delay a legal representative of his own choice and hold communication with him.

(4) Any person who is arrested or detained

(a) for the purpose of bringing him before a court in execution of the order of a court or an officer of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;

and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any person or authority on whose behalf or in the course of whose employment that other person was acting:

Provided that

(a) any judicial officer acting in his judicial capacity reasonably and in good faith; or

(b) any other public officer, or person assisting such public officer, acting reasonably and in good faith and without culpable ignorance or negligence;

may be protected by law from liability for such compensation.

14) Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude or required to perform forced labour.

(2) For the purposes of subsection (1) "forced labour" does not include

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court

(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or

(ii) is reasonably required for the purposes referred to in section 13 (2) ( f ) or (h);

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of a written law in place of service as a member of such force;

(d) any labour required by way of parental discipline; or

(e) any labour required by virtue of a written law during a period of public emergency or in the event of any other emergency or disaster that threatens the life or wellbeing of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of dealing with that situation.

15) Protection from inhuman treatment

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.

(2) No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has been lawfully detained shall be held to be in contravention of subsection (1) on the ground that it is degrading.

(3) No moderate corporal punishment inflicted

(a) in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco parentis or in whom are vested any of the powers of his parent or guardian; or

(b) in execution of the judgment or order of a court, upon a male person under the age of eighteen years as a penalty for breach of any law;

shall be held to be in contravention of subsection (1) on the ground that it is inhuman or degrading.

[Subsection as inserted by section 5 of Act 30 of 1990]

(4) The execution of a person who has been sentenced to death by a competent court in respect of a criminal offence of which he has been convicted shall not be held to be in contravention of subsection (1) solely on the ground that the execution is carried out in the manner prescribed in section 315 (2) of the Criminal Procedure and Evidence Act [Chapter 59] as that section existed on the 1st October, 1990.

[Subsection as inserted by section 5 of Act 30 of 1990. As at the 1st October, 1990, section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59 of 1974] provided that "where sentence of death is carried out, the person sentenced shall be hanged by the neck until he is dead".]

(5) Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been convicted, shall not be held to be a contravention of subsection (1).

[Subsection as inserted by section 2 of Act 9 of 1993]

(6) A person upon whom any sentence has been imposed by a competent court, whether before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 13) Act, 1993, in respect of a criminal offence of which he has been convicted, shall not be entitled to a stay, alteration or remission of sentence on the ground that, since the sentence was imposed, there has been a contravention of subsection (1).

[Subsection as inserted by section 2 of Act 9 of 1993]

16) Protection from deprivation of property

(1) No property of any description or interest or right therein shall be compulsorily acquired except under the authority of a law that

(a) requires

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

A. for settlement for agricultural or other purposes; or

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

C. for the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph A or B;

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

and

[Paragraph as substituted by section 6 of Act 30 of 1990]

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

[Paragraph as substituted by section 6 of Act 30 of 1990]

(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and

[Paragraph as substituted by section 6 of Act 30 of 1990]

(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and

[Paragraph as amended by section 9 of Act 15 of 1990]

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

[Paragraph as substituted by section 3 of Act 9 of 1993]

( f ) except where the property concerned is land or any interest or right therein, enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court.

[Paragraph as inserted by section 3 of Act 9 of 1993]

(2) A law referred to in subsection (1) which provides for the compulsory acquisition of land or any interest or right therein may

(a) specify the principles on which, and the manner in which, compensation for the acquisition of the land or interest or right therein is to be determined and paid;

(b) fix, in accordance with principles referred to in paragraph (a), the amount of compensation payablefor the acquisition of the land or interest or right therein;

and no such law shall be called into question by any court on the ground that the compensation provided by that law is not fair.

[Subsection as substituted by section 6 of Act 30 of 1990]

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

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

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

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

(c) requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a determination of its entitlement to take possession;

[Paragraph as amended by section 13 of Act 25 of 1981]

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

[Paragraph as amended by section 13 of Act 25 of 1981]

(e) requires

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

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

[Subparagraph as amended by section 6 of Act 30 of 1990]

and

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

[Paragraph as amended by section 13 of Act 25 of 1981]

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

[Subsection as inserted by section 3 of Act 9 of 1993]

(6)

[Subsection repealed by section 6 of Act 30 of 1990]

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

(a) in satisfaction of any tax or rate;

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

[Paragraph as amended by section 6 of Act 30 of 1990]

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

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

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

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

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

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

(i) by way of the taking of a sample for the purposes of a law;

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

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

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

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

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

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

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

(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected;

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

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

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

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

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

(d) as an incident of

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

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

(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than ninetenths in value of those shares or that class thereof.

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

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

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

(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person.

[Subsection as inserted by section 6 of Act 30 of 1990]

(10) In this section

"acquiring authority" means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein;

"agricultural purposes" includes forestry, fruitgrowing and animal husbandry, including the keeping of poultry, bees or fish;

"land" includes anything permanently attached to or growing on land;

[Definition as inserted by section 6 of Act 30 of 1990]

"pensions benefits" means any pension, annuity, gratuity or other like allowance

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

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

(c) for any person in respect of his illhealth or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such illhealth or injury; or

(d) for any person upon his retirement on account of age or illhealth or other termination of service;

"piece of land" means a piece of land registered as a separate entity in the Deeds Registry.

17) Protection form arbitrary search or entry

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

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

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

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

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

(d) for the purpose of protecting the rights and freedoms of other persons;

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

( f ) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order;

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

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

18) Provisions to secure protection of law

(1) Subject to the provisions of this Constitution, every person is entitled to the protection of the law.

[Subsection as amended by section 3 of Act 4 of 1993]

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

(3) Every person who is charged with a criminal offence

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

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

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

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

( f ) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge;

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

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

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

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

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

[Paragraph as amended by section 9 of Act 15 of 1990]

(b) otherwise upon the order of the Supreme Court or the High Court in the course of appeal or review proceedings relating to the conviction or acquittal.

[Paragraph as amended by section 3 of Act 4 of 1993]

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

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

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

[Subsection as amended by section 3 of Act 4 of 1993]

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

(11) Nothing in subsection (10) shall prevent

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

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

(ii) may by law be empowered or required so to do in the interests of defence, public safety, public order or the economic interests of the State;

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

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

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

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

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

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

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

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

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

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

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

(b) the traditional or customary tribal practices and procedures.

19) Protection of freedom of conscience

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

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

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

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

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

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

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

(c) with respect to standards or qualifications to be required in relation to places of education, including any instruction not being religious instruction, given at such places;

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

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

20) Protection of freedom of expression

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

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

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

(b) for the purpose of

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

(ii) preventing the disclosure of information received in confidence;

(iii) maintaining the authority and independence of the courts or tribunals or Parliament;

[Subparagraph as amended by section 26 of Act 31 of 1989]

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

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

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

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

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

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

(b) for regulating such schools in the interests of persons receiving instruction therein;

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

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

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

21) Protection of freedom of assembly and association

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

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

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

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

(b) for the purpose of protecting the rights or freedom of other persons;

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

(d) that imposes restrictions upon public officers;

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

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

22) Protection of freedom of movement

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

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

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

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

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

(c) for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any person's right to leave Zimbabwe

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

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

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

(d) for the imposition of restrictions on the movement or residence within Zimbabwe of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe or for excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe;

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

( f ) for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their wellbeing;

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

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

(4) The provisions of subsection (3) (a) shall not be construed as authorizing a law to make provision for preventing any person from leaving Zimbabwe or excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe.

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

(1) Subject to the provisions of this section

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

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

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

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

(b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the firstmentioned description;

and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour or creed of the persons concerned.

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

(a) adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

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

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

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

(e) the appropriation of public revenues or other public funds; or

( f ) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land.

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

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

(a) anything that is expressly or by necessary implication authorized to be done by section 75 (2), 94 (2) or 98 (2), or by any provision of a law that is referred to in subsection (3); or

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

24) Enforcement of protective provisions

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

[Subsection as amended by section 9 of Act 15 of 1990]

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

[Subsection as amended by section 9 of Act 15 of 1990]

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

[Subsection as amended by section 13 of Act 25 of 1981]

(4) The Supreme Court shall have original jurisdiction

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

(b) to determine any question arising in the case of any person which is referred to it pursuant to subsection (2);

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

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

[Subsection as amended by section 20 of Act 23 of 1987 and by section 9 of Act 15 of 1990]

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

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

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

[Subsection as amended by section 9 of Act 15 of 1990]

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

[Subsection as amended by section 13 of Act 25 of 1981]

(9) A written law may make provision with respect to the practice and procedure

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

(b) of subordinate courts in relation to references to the Supreme Court under subsection (2);

including provision with respect to the time within which any application or reference shall or may be made or brought.

[Subsection as amended by section 13 of Act 25 of 1981]

25) Savings in the event of public emergencies

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

[Section as amended by section 20 of Act 23 of 1987]

26) Interpretation and other savings

(1) In this Chapter, unless the context otherwise requires

"child" includes a stepchild and a lawfully adopted child and "parent" and cognate expressions shall be construed accordingly;

"court" means any court of law in Zimbabwe, including a tribal court, but does not, except for the purposes of section 12 or 14, include a court established by or under a disciplinary law;

"legal representative" means a legal practitioner who is lawfully in Zimbabwe;

[Definition as substituted by section 20 of Act 23 of 1987]

"parental discipline" includes school or other quasiparental discipline.

(2) Subject to the provisions of subsection (3), nothing contained in or done under the authority of any written law shall be held to be in contravention of the Declaration of Rights to the extent that the law in question

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

(b) [Paragraph repealed by section 20 of Act 23 of 1987]

(d) [Paragraph repealed by section 20 of Act 23 of 1987]

(3) [Subsection repealed by section 20 of Act 23 of 1987]

(4) For the purposes of this section, the reference

(a) [Paragraph repealed by section 20 of Act 23 of 1987]

(b) in subsection (2) to a written law includes any instrument having the force of law.

[Subsection as amended by section 20 of Act 23 of 1987]

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

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

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

27) The President

(1) There shall be a President who shall be Head of State and Head of Government and CommanderinChief of the Defence Forces.

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

28) Qualifications and election of President

(1) A person shall be qualified for election as President if

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

(b) he has attained the age of forty years; and

(2) The President shall be elected by voters registered on the common roll.

[Subsection as amended by section 2 of Act 15 of 1990]

(3) An election to the office of President shall take place within ninety days

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

(b) after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution;

as the case may be.

(4) The procedure for the nomination of candidates for election in terms of subsection (2) and the election of the President shall be as prescribed in the Electoral Law.

[Subsection as amended by section 2 of Act 15 of 1990]

(5) A person elected as President shall assume office

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

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

[Subsection as amended by section 2 of Act 15 of 1990]

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

29) Tenure of office of President

(1) The term of office of the President shall be a period of six years:

Provided that

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

(ii)

[Paragraph repealed by section 9 of Act 15 of 1990]

(2) The President may resign his office by lodging his resignation in writing with the Speaker.

[Subsection as amended by section 26 of Act 31 of 1989]

(3) The President shall cease to hold office if a report prepared by a committee of Parliament, appointed by the Speaker upon the request of not fewer than onethird of the members of Parliament, has recommended the removal of the President on the ground

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

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

and the members of Parliament have resolved by the affirmative votes of not less than twothirds of their total number that the President should be removed from office.

[Subsection as amended by section 26 of Act 31 of 1989]

30) Presidential immunity

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

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

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

(b) things done or omitted to be done by him in his personal capacity during his term of office as President;

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

31) Acting President

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

(a) where there is only one VicePresident, by that VicePresident; or

(b) where there are two VicePresidents

(i) by the VicePresident whom the President has designated for such an eventuality; or

(ii) by the VicePresident who last acted as President in terms of this section, where neither VicePresident has been designated for such an eventuality in terms of subparagraph (i); or

(c) during the absence or incapacity of the VicePresident or of both VicePresidents, as the case may be, by such Minister as may be designated for such an eventuality

(i) by the President; or

(ii) by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i).

[Subsection as substituted by section 3 of Act 15 of 1990]

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

(a) to declare war or to make peace; or

(b) to enter into any international convention, treaty or agreement; or

(d) to appoint or revoke the appointment of a VicePresident, Minister or Deputy Minister; or

[Paragraph as amended by section 9 of Act 15 of 1990]

(e) to assign or reassign functions to a VicePresident, Minister or Deputy Minister, including the administration of any Act of Parliament or of any Ministry or department, or to cancel any such assignment of functions.

[Paragraph as amended by section 9 of Act 15 of 1990]

31A) Remuneration of President

(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary, allowances, pension and other benefits as may from time to time be prescribed by or under an Act of Parliament.

(2) The salary, allowances and other benefits payable to the President or an Acting President shall not be reduced during the period he holds the office of President.

31B) President and former Presidents not to hold other offices

(1) While he continues in office as President, the President shall not directly or indirectly hold any other public office or any paid office in the employment of any person.

(2) After ceasing to be President, a person shall not directly or indirectly hold any public office or any paid office in the employment of any person while he is receiving a pension from the State in respect of his former office of President.

PART 2

VicePresidents, Ministers and Cabinet

31C) VicePresidents

(1) There shall be not more than two VicePresidents of Zimbabwe, who shall be appointed by the President.

[Subsection as substituted by section 4 of Act 15 of 1990]

(2) The VicePresident or VicePresidents, as the case may be, shall assist the President in the discharge of his executive functions, and shall perform such other functions, including the administration of any Act of Parliament or of any Ministry or department, as the President may assign to him or them, as the case may be.

[Subsection as substituted by section 4 of Act 15 of 1990]

(3) A VicePresident shall, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1.

[Subsection as amended by section 9 of Act 15 of 1990]

(4) During his tenure of office, a VicePresident shall not directly or indirectly hold any other public office or any paid office in the employment of any person.

[Subsection as amended by section 9 of Act 15 of 1990]

(5) Whenever a VicePresident is absent from Zimbabwe, or is unable to perform the functions of his office by reason of illness or any other cause, the President may appoint a Minister to assume and perform those functions, and any Minister so appointed may discharge those functions accordingly.

[Subsection as amended by section 9 of Act 15 of 1990]

(6) A Minister appointed in terms of subsection (5) shall cease to perform the functions of the office of VicePresident

(a) if the appointment is revoked by the President; or

(b) if he ceases to hold the office of Minister; or

31D) Ministers and Deputy Ministers

(1) The President

(a) shall appoint Ministers and may assign functions to such Ministers, including the adminstration of any Act of Parliament or of any Ministry or department; and

(b) may appoint Deputy Ministers of any Ministry or department or of such other description as the President may determine, and may authorize any Deputy Minister to exercise or perform on behalf of a Minister any of the functions entrusted to such Minister.

(2) Any person appointed under this section shall, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1.

(3) Subject to the provisions of this Constitution and any Act of Parliament, where any Minister has been charged with responsibility for any Ministry or department he shall exercise general direction and control over that Ministry or department and, subject to such direction and control, any such Ministry shall be under the supervision of a Secretary.

(4) During his tenure of office, no Minister or Deputy Minister shall directly or indirectly hold any other public office or any paid office in the employment of any person.

31E) Tenure of office of VicePresidents, Ministers and Deputy Ministers

(1) The office of a VicePresident, Minister or Deputy Minister shall become vacant

(a) if the President removes him from office; or

(b) if he resigns his office by notice in writing addressed and delivered to the President; or

[Subsection as amended by section 9 of Act 15 of 1990]

(2) No person shall hold office as VicePresident, Minister or Deputy Minister for longer than three months unless he is a member of Parliament:

Provided that if during that period Parliament is dissolved, he may continue to hold such office without being a member of Parliament until Parliament first meets after the dissolution.

[Subsection as substituted by section 2 of Act 31 of 1989]

(3) A person who has held office as VicePresident, Minster or Deputy Minister without also being a member of Parliament shall not be eligible for reappointment to that office before Parliament is next dissolved unless in the meantime he has become a member of Parliament.

[Subsection as substituted by section 2 of Act 31 of 1989]

31F) Vote of no confidence in Government

(1) Parliament may, by resolution supported by the votes of not less than twothirds of all its members, pass a vote of no confidence in the Government.

[Subsection as substituted by section 3 of Act 31 of 1989]

(2) A motion for the resolution referred to in subsection (1) shall not be moved in Parliament unless

(a) not less than seven days' notice of the motion has been given to the Speaker; and

(b) the notice of the motion has been signed by not less than onethird of all the members of Parliament;

and shall be debated in Parliament within twentyone days after the receipt by the Speaker of the notice of the motion.

[Subsection as amended by section 26 of Act 31 of 1989]

(3) Where a vote of no confidence in the Government is passed by Parliament in terms of this section, the President shall within fourteen days do one of the following

(a) dissolve Parliament; or

(b) remove every VicePresident, Minister and Deputy Minister from his office unless he has earlier resigned in consequence of the resolution; or

[Subsection as amended by section 26 of Act 31 of 1989 and by section 9 of Act 15 of 1990]

31G) Cabinet

(1) There shall be a Cabinet consisting, subject to the provisions of section 76 (3b), of the President, the VicePresident or VicePresidents, as the case may be, and such Ministers as the President may from time to time appoint.

[Subsection as amended by section 4 of Act 4 of 1989 and by section 9 of Act 15 of 1990]

(2) A Minister who is a member of the Cabinet shall hold office as a member of the Cabinet during the pleasure of the President:

Provided that

(i) he shall cease to hold office as a member of the Cabinet if he ceases to be a Minister;

(ii) he may at any time, by notice in writing addressed and delivered to the President, resign his office as a member of the Cabinet.

(3) Every Minister who becomes a member of the Cabinet shall, before entering upon his office, take and subscribe before the President or some other person authorised by the President in that behalf, the oath of a member of the Cabinet in the form set out in Schedule 1.

[Subsection as amended by section 4 of Act 4 of 1989]

PART 3

Executive Functions

31H) Executive functions of President

(1) The executive authority of Zimbabwe shall vest in the President and, subject to the provisions of this Constitution, may be exercised by him directly or through the Cabinet, a VicePresident, a Minister or a Deputy Minister.

[Subsection as amended by section 9 of Act 15 of 1990]

(2) It shall be the duty of the President to uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed.

(3) The President shall have such powers as are conferred upon him by this Constitution or by or under any Act of Parliament or other law or convention and, subject to any provision made by Parliament, shall, as Head of State, in addition have such prerogative powers as were exercisable before the appointed day.

(4) Without prejudice to the generality of subsection (3), the President shall have power, subject to the provisions of this Constitution

(a) to appoint, accredit, receive and recognize diplomatic agents and consular officers; and

(b) to enter into international conventions, treaties and agreements; and

(d) to declare war and to make peace; and

(e) to confer honours and precedence.

(5) In the exercise of his functions the President shall act on the advice of the Cabinet, except in cases where he is required by this Constitution or any other law to act on the advice of any other person or authority:

Provided that the President shall not be obliged to act on the advice of the Cabinet with respect to

(a) the dissolution or prorogation of Parliament; or

(b) the appointment or removal of a VicePresident or any Minister or Deputy Minister; or

[Paragraph as amended by section 9 of Act 15 of 1990]

(b1) subject to the provisions of an Act of Parliament such as is referred to in section 111A, the appointment or removal of a Provincial Governor in terms of such Act; or

[Paragraph as inserted by section 5 of Act 4 of 1989 and as amended by section 9 of Act 15 of 1990]

(c) the assignment or reassignment of functions to a VicePresident or any Minister or Deputy Minister or with respect to the cancellation of any such assignment or reassignment of functions; or

[Paragraph as amended by section 9 of Act 15 of 1990]

(c1) the designation of a VicePresident or Minister in terms of section 31 (1); or

[Paragraph as inserted by section 5 of Act 15 of 1990]

(c2) the appointment of members of Parliament in terms of section 38 (1) (d); or

[Paragraph as inserted by section 5 of Act 15 of 1990]

(d) the appointment of any person to an office or post in terms of this Constitution or any other law, or the removal of any person from such an office or post, where the President is required by this Constitution or by the law concerned, as the case may be, to consult any other person or authority before making the appointment or effecting the removal.

(6) Nothing in this section shall prevent Parliament from conferring or imposing functions on persons or authorities other than the President.

31I) Prerogative of mercy

(1) The President may, subject to such lawful conditions as he may think fit to impose

(a) grant a pardon to any person concerned in or convicted of a criminal offence against any law; or

(b) grant a respite, either indefinite or for a specified period, from the execution of any sentence for such an offence; or

(d) suspend for a specified period or remit the whole or part of any sentence for such an offence or any penalty of forfeiture otherwise imposed on account of such an offence.

(2) Where a person resident in Zimbabwe has been convicted in another country of a criminal offence against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in Zimbabwe.

31J) Public emergencies

(1) The President may at any time, by proclamation in the Gazette, declare in relation to the whole of Zimbabwe or any part thereof that

(a) a state of public emergency exists; or

(b) a situation exists which, if allowed to continue, may lead to a state of public emergency.

(2) A declaration under subsection (1), if not sooner revoked, shall cease to have effect at the expiration of a period of fourteen days beginning with the day of publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by resolution of Parliament:

Provided that, if Parliament is dissolved during the period of fourteen days, the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of thirty days beginning with the day of publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by resolution of Parliament.

[Subsection as amended by section 26 of Act 31 of 1989]

(3) Where a declaration under subsection (1)

(a) is not approved by resolution under subsection (2), the President shall forthwith, after Parliament has considered the resolution and failed to approve it or, if Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation in the Gazette, revoke the declaration;

(b) is approved by resolution under subsection (2), the declaration shall, subject to the provisions of subsection (4), continue in effect for a period of six months beginning with the day of publication of the proclamation in the Gazette:

Provided that, where Parliament has in the resolution under subsection (2) specified that the declaration shall continue in effect for a period of less than six months, the President shall, by proclamation in the Gazette, make provision that the declaration shall, subject to the provisions of subsection (4), be revoked on the expiration of the period so specified.

[Subsection as amended by section 26 of Act 31 of 1989]

(4) If Parliament resolves that it considers it expedient that a declaration under subsection (1) should be continued for a further period not exceeding six months, the President shall forthwith, by proclamation in the Gazette, extend the declaration for such further period as may be so resolved.

[Subsection as amended by section 26 of Act 31 of 1989]

(5) Notwithstanding any other provision of this section, Parliament may at any time

(a) resolve that a declaration under subsection (1) should be revoked; or

(b) whether in passing a resolution under subsection (2) or (4) or subsequently, resolve that a declaration under subsection (1) should relate to such lesser area as Parliament may specify;

and the President shall forthwith, by proclamation in the Gazette, revoke the declaration or provide that the declaration shall relate to such lesser area, as the case may be.

[Subsection as amended by section 26 of Act 31 of 1989]

(6) Without prejudice to the provisions of subsections (1) to (5), Parliament may at any time resolve in relation to the whole of Zimbabwe or any part thereof that a situation exists which

(a) if allowed to continue, may lead to a state of public emergency; and

(b) may require the preventive detention of persons in the interests of defence, public safety or public order.

[Subsection as amended by section 26 of Act 31 of 1989]

(7) A resolution under subsection (6) shall, subject to the provisions of subsection (8) and unless Parliament has specified that it shall have effect for a period of less than one year, have effect for a period of one year beginning with the day on which it is passed.

[Subsection as amended by section 26 of Act 31 of 1989]

(8) Parliament may continue a resolution under subsection (6) for a further period, not exceeding one year.

[Subsection as amended by section 9 of Act 15 of 1990]

(9) Notwithstanding any other provision of this section, Parliament may at any time resolve

(a) that a resolution under subsection (6) shall cease to have effect; or

(b) that a resolution under subsection (6) shall relate to such lesser area as Parliament may specify.

[Subsection as amended by section 26 of Act 31 of 1989]

(10) A declaration under subsection (1) or a resolution under subsection (6) may be continued in accordance with this section notwithstanding that it has previously been continued.

(11) No resolution under subsection (2), (4), (6) or (8) shall be deemed to have been duly passed unless it receives the affirmative votes of more than onehalf of the total membership of Parliament.

[Subsection as amended by section 26 of Act 31 of 1989]

(12) Where Parliament passes a resolution under subsection (6), (8) or (9), the Secretary to Parliament shall forthwith cause to be published in the Gazette a notice of such resolution and the e