The Sunday News
Section 3: Founding Values and Principles
FOUNDING values and principles are regulating standards upon which the State is founded.
They assist in the interpretation, application and limitation of the fundamental rights and freedoms entrenched in the Constitution as they respond to the day-to-day issues that affect citizens.
Section 3(1) provides that founding values and principles include among others supremacy of the Constitution hence any practice, custom or conduct inconsistent with the Constitution is invalid.
The Constitution binds everyone including juristic persons, the State, all executive, legislative and judicial institutions and all agencies of Government.
The people of Zimbabwe, regardless of colour, creed or political affiliation are thus expected to hold the Constitution with the respect and honour it deserves.
They also include the rule of law, human rights and freedoms, the nation’s religious and cultural diversity, the inherent dignity of every person, equality of all, gender equality and respect for the liberation struggle.
Constitutional values and principles also prescribe how State agencies and its key institutions are to perform their functions and exercise public power.
Section 3(2) provides for principles of good governance which include: a multi-party political system, an electoral system which ensures the holding of free and fair elections regularly, the orderly transfer of political power after an election, separation of powers between the executive, legislative and judicial arms of the State, respect for the people, the fostering of national unity and peace, recognition of the rights of minority groups, fair sharing of national resources, devolution and decentralisation of Government power.
It is empirical to note that litigation cannot arise over a value or principle unless it is coupled with further provisions which clearly sets it as a rule to be followed thus it follows that values and principles cannot be enforceable on their own.
They both need to be developed into rights for them to be enforceable, as such it follows that fundamental rights and freedoms augment principles and values.
(Source: Ministry of Justice, Legal and Parliamentary Affairs).
