The Sunday News
Constitution of Zimbabwe Amendment (NO.20) ACT, 2013
The Constitution of Zimbabwe (New Constitution), 2013 was brought about by, and as a schedule to the Constitution of Zimbabwe Amendment (No.20) Act, 2013. In terms of section 3 of this Act, this new Constitution repealed and substituted the 1980 Lancaster House Constitution, as amended.
The Constitution of Zimbabwe was enacted and published on 22 May 2013 and became wholly effective on 22 August 2013. The process of making this Constitution involved participation of all sectors of society in Zimbabwe, through overwhelmingly voting in favour of the new Constitution, at a Referendum on 16 March 2013, where 3 079 966 voted “Yes” and 179 489 voted “No” for the Constitution, while 56 627 were rejected votes.
A Parliamentary Constitution Select Committee (COPAC), setup on 12 April 2009 in fulfilment of Article VI of the Global Political Agreement (GPA) signed the three political parties represented in Parliament on 15th September 2008, spearheaded the Constitution-making process.
Constitution Select Committee
The Constitution is therefore a home-grown supreme law for the people and for the people of Zimbabwe. That it is the Supreme Law of Zimbabwe is provided for in section 2 which states that any law, practice, custom or conduct inconsistent with it, is invalid to the extent of the inconsistency.
In terms of the same section, the obligations or responsibilities imposed by this Constitution are binding on every one at every level, including the State and all its agencies at every level. The State refers to the three arms, being Executive, Legislature and the Judiciary. Everyone who is bound by these obligations must fulfil them.
Structure of the Constitution
It has 18 Chapters, 345 sections and six schedules. There is a preamble (different from the 1980 Constitution which did not have one), which helps present and future generations to interpret and apply the supreme document in changing times, as it sets out who we are, where we came from and where we are going as a nation and articulates our values, norms and peculiarities as a sovereign people. The Chapters and Schedules provide for the following:
Chapter 1 – Founding Values, Chapter 2- National Objectives, Chapter 3- Citizenships, Chapter 4- Declaration (Bill)of Rights, Chapter 5- The Executive, Chapter 6-The Legislature, Chapter 7-Elections, Chapter 8-The Judiciary and the Courts, Chapter 9-Principles of Public Administration and Leadership, Chapter 10- Civil Service, Chapter 11-Security Services, Chapter 12-Independent Commissions Supporting Democracy, Chapter 13-Institutions to Combating Corruption and Crime, Chapter 14-Provincial and Local Government, Chapter 15-Traditional Leaders, Chapter 16- Agricultural Land, Chapter 17- Finance, Chapter 18- General and Supplementary Provisions.
Schedules to the Constitution
First Schedule-National Flag, National Anthem, National Coat of Arms, Public Seal. Second Schedule-Limitations on Rights During Public Emergencies. Third Schedule-Oaths and Affirmations. Fourth Schedule-Qualifications for Voters. Fifth Schedule-Procedure as to Bills and Other Matters in Parliament. Sixth Schedule-Commencement of this Constitution, Transitional Provisions and Savings.
Subsequent articles to promote public awareness of our Constitution shall continue to be published regularly and will touch on the different sections of our Constitution. Anyone is free to get in touch with the Ministry of Justice, Legal and Parliamentary Affairs, through the Department of Constitutional and Parliamentary Affairs at Compensation House, Corner Fourth Street and Central Avenue, Harare.
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