Constitution of the Republic of Zimbabwe 2013


Affirmative Action (Broadly)

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
(2) Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them.
(3) Measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development.
… (Sec. 13)

Affirmative Action (Broadly)

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate and take measures to empower, through appropriate, transparent, fair and just affirmative action, all marginalised persons, groups and communities in Zimbabwe.
(2) At all times the State and all institutions and agencie of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all Zimbabweans, especially women and youths. (Sec. 14)

Affirmative Action (Broadly)

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
and
(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
(2) The State must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies. (Sec. 17)

Affirmative Action (Broadly)

(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.

(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)

Affirmative Action (Broadly)

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Citizenship and Nationality

(1) Persons are Zimbabwean citizens by birth if they were born in Zimbabwe and, when they were born—
(a) either their mother or their father was a Zimbabwean citizen; or
(b) any of their grandparents was a Zimbabwean citizen by birth or descent.
(2) Persons born outside Zimbabwe are Zimbabwean citizens by birth if, when they were born, either of their parents was a Zimbabwean citizen and—
(a) ordinarily resident in Zimbabwe; or
(b) working outside Zimbabwe for the State or an international organisation.
(3) A child found in Zimbabwe who is, or appears to be, less than fifteen years of age, and whose nationality and parents are not known, is presumed to be a Zimbabwean citizen by birth. (Sec. 36)

Citizenship and Nationality

Subject to section 36(2), persons born outside Zimbabwe are Zimbabwean citizens by descent if, when they were born—
(a) either of their parents or any of their grandparents was a Zimbabwean citizen by birth or descent; or
(b) either of their parents was a Zimbabwean citizen by registration;
and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births. (Sec. 37)

Citizenship and Nationality

(1) Any person who has been married to a Zimbabwean citizen for at least five years, whether before or after the effective date, and who satisfies the conditions prescribed by an Act of Parliament, is entitled, on application, to be registered as a Zimbabwean citizen.
(2) Any person who has been continuously and lawfully resident in Zimbabwe for at least ten years, whether before or after the effective date, and who satisfies the conditions prescribed by an Act of Parliament, is entitled, on application, to be registered as a Zimbabwean citizen.
(3) A child who is not a Zimbabwean citizen, but is adopted by a Zimbabwean citizen, whether before or after the effective date, is entitled, on application, to be registered as a Zimbabwean citizen. (Sec. 38)

Citizenship and Nationality

Zimbabwean citizenship is not lost through marriage or the dissolution of marriage. (Sec. 40)

Citizenship and Nationality

An Act of Parliament may make provision, consistent with this Chapter, for—
(a) procedures by which Zimbabwean citizenship by registration may be acquired;
(b) the voluntary renunciation of Zimbabwean citizenship;
(c) procedures for the revocation of Zimbabwean citizenship by registration;
(d) the restoration of Zimbabwean citizenship;
(e) the prohibition of dual citizenship in respect of citizens by descent or registration; and
(f) generally giving effect to this Chapter. (Sec. 42)

Citizenship and Nationality

(1) Every person who, immediately before the publication day, was a Zimbabwean citizen continues to be a Zimbabwean citizen after that date.
(2) Every person who was born in Zimbabwe before the publication day is a Zimbabwean citizen by birth if—
(a) one or both of his or her parents was a citizen of a country which became a member of the Southern African Development Community established by the treaty signed at Windhoek in the Republic of Namibia on the 17th August, 1992; and
(b) he or she was ordinarily resident in Zimbabwe on the publication day. (Sec. 43)

Composition and Appointment

(1) A person is qualified for appointment as a judge of the Constitutional Court if he or she is a Zimbabwean citizen, is at least forty years old and has a sound knowledge of constitutional law and, in addition, possesses one of the following qualifications—
(a) he or she has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an officially recognised language; or
(b) for at least twelve years, whether continuously or not, he or she has been qualified to practise as a legal practitioner—
(i) in Zimbabwe; or
(ii) in a country in which the common law is Roman-Dutch or English and English is an officially recognised language; and is currently so qualified to practise.
(2) To be appointed as a judge of the Constitutional Court a person must be a fit and proper person to hold office as a judge.
(Sec. 177)

Composition and Appointment

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Jurisdiction and Access

(1) The Constitutional Court—
(a) is the highest court in all constitutional matters, and its decisions on those matters bind all other courts;
(b) decides only constitutional matters and issues connected with decisions on constitutional matters, in particular references and applications under section 131(8)(b) and paragraph 9(2) of the Fifth Schedule; and
(c) makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
(2) Subject to this Constitution, only the Constitutional Court may—
(a) advise on the constitutionality of any proposed legislation, but may do so only where the legislation concerned has been referred to it in terms of this Constitution;

(d) determine whether Parliament or the President has failed to fulfil a constitutional obligation.
(3) The Constitutional Court makes the final decision whether an Act of Parliament or conduct of the President or Parliament is constitutional, and must confirm any order of constitutional invalidity made by another court before that order has any force.
(4) An Act of Parliament may provide for the exercise of jurisdiction by the Constitutional Court and for that purpose may confer the power to make rules of court.
(5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court—
(a) to bring a constitutional matter directly to the Constitutional Court;
(b) to appeal directly to the Constitutional Court from any other court;
(c) to appear as a friend of the court.
(Sec. 167)

Jurisdiction and Access

(1) The High Court—

(c) may decide constitutional matters except those that only the Constitutional Court may decide;
… (Sec. 171)

Jurisdiction and Access

(1) Where a court makes an order concerning the constitutional invalidity of any law or any conduct of the President or Parliament, the order has no force unless it is confirmed by the Constitutional Court.
(2) A court which makes an order of constitutional invalidity referred to in subsection (1) may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of the law or conduct concerned.
(3) Any person with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order concerning constitutional validity by a court in terms of subsection (1).
(4) If a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the Constitutional Court unless he or she considers the request is merely frivolous or vexatious.
(5) An Act of Parliament or rules of court must provide for the reference to the Constitutional Court of an order concerning constitutional invalidity made in terms of subsection (1) by a court other than the Constitutional Court.
… (Sec. 175)

Death Penalty

(2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and—

(d) the penalty must not be imposed or carried out on a woman;
… (Sec. 48)

Education

(1) The State must take all practical measures to promote—
(a) free and compulsory basic education for children; and
(b) higher and tertiary education.
(2) The State must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels. (Sec. 27)

Education

(1) Every citizen and permanent resident of Zimbabwe has a right to—
(a) a basic State-funded education, including adult basic education; and
(b) further education, which the State, through reasonable legislative and other measures, must make progressively available and accessible.

(4) The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the right set out in subsection (1). (Sec. 75)

Employment Rights and Protection

(2) At all times the State and all institutions and agencies of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all Zimbabweans, especially women and youths. (Sec. 14)

Employment Rights and Protection

(1) The State and all institutions and agencies of government at every level must adopt reasonable policies and measures, within the limits of the resources available to them, to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families.
(2) The State and all institutions and agencies of government at every level must endeavour to secure—
(a) full employment;
(b) the removal of restrictions that unnecessarily inhibit or prevent people from working and otherwise engaging in gainful economic activities;
(c) vocational guidance and the development of vocational and training programmes, including those for persons with disabilities; and
(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Employment Rights and Protection

Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law. (Sec. 64)

Employment Rights and Protection

(1) Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

(4) Every employee is entitled to just, equitable and satisfactory conditions of work.

(6) Women and men have a right to equal remuneration for similar work.
(7) Women employees have a right to fully paid maternity leave for a period of at least three months. (Sec. 65)

Equality and Non-Discrimination

… United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, ...
Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny, ...
Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work, … (Preamble)

Equality and Non-Discrimination

(1) Zimbabwe is founded on respect for the following values and principles—

(f) recognition of the equality of all human beings;
(g) gender equality;
… (Sec. 3)

Equality and Non-Discrimination

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
and
(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
(2) The State must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies. (Sec. 17)

Equality and Non-Discrimination

(1) When interpreting this Chapter, a court, tribunal, forum or body—

(b) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3;

in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
… (Sec. 46)

Equality and Non-Discrimination

(1) All persons are equal before the law and have the right to equal protection and benefit of the law.
(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.
(4) A person is treated in a discriminatory manner for the purpose of subsection (3) if—
(a) they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or
(b) other people are accorded directly or indirectly a privilege or advantage which they are not accorded.
(5) Discrimination on any of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)

Equality and Non-Discrimination

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Gender Equality Machineries

The following are the independent Commissions—

(c) the Zimbabwe Gender Commission;
… (Sec. 232)

Gender Equality Machineries

(1) There is a commission to be known as the Zimbabwe Gender Commission consisting of—
(a) a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and
(b) eight other members , of whom—
(i) seven are appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders; and
(ii) one is a nominee of the National Council of Chiefs, appointed by the President.
(2) Members of the Zimbabwe Gender Commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, economic and political spheres, and the genders must be equally represented on the Commission. (Sec. 245)

Gender Equality Machineries

The Zimbabwe Gender Commission has the following functions—
(a) to monitor issues concerning gender equality to ensure gender equality as provided in this Constitution;
(b) to investigate possible violations of rights relating to gender;
(c) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;
(d) to conduct research into issues relating to gender and social justice, and to recommend changes to laws and practices which lead to discrimination based on gender;
(e) to advise public and private institutions on steps to be taken to ensure gender equality;
(f) to recommend affirmative action programmes to achieve gender equality;
(g) to recommend prosecution for criminal violations of rights relating to gender;
(h) to secure appropriate redress where rights relating to gender have been violated; and
(i) to do everything necessary to promote gender equality. (Sec. 246)

Gender Equality Machineries

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Gender Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to gender issues which, in the Commission’s opinion, should be brought to the attention of Parliament. (Sec. 247)

Obligations of the State

… Reaffirming our commitment to upholding and defending fundamental human rights and freedoms, ... (Preamble)

Obligations of the State

(1) Zimbabwe is founded on respect for the following values and principles—

(c) fundamental human rights and freedoms;
… (Sec. 3)

Obligations of the State

The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfilment. (Sec. 11)

Obligations of the State

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfill the rights and freedoms set out in this Chapter. (Sec. 44)

Obligations of the State

(1) This Chapter binds the State and all executive, legislative and judicial institutions and agencies of government at every level.
… (Sec. 45)

Obligations of the State

This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution. (Sec. 47)

Obligations of Private Parties

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfill the rights and freedoms set out in this Chapter. (Sec. 44)

Obligations of Private Parties

(2) This Chapter binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature of the right or freedom concerned and any duty imposed by it.
… (Sec. 45)

Obligations of Private Parties

(1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons.
… (Sec. 86)

Judicial Protection

(1) When interpreting this Chapter2, a court, tribunal, forum or body—
(a) must give full effect to the rights and freedoms enshrined in this Chapter;
(b) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3;
(c) must take into account international law and all treaties and conventions to which Zimbabwe is a party;
(d) must pay due regard to all the provisions of this Constitution, in particular the principles and objectives set out in Chapter 2; and
(e) may consider relevant foreign law;
in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter. (Sec. 46)

Judicial Protection

(1) Any of the following persons, namely—
(a) any person acting in their own interests;
(b) any person acting on behalf of another person who cannot act for themselves;
(c) any person acting as a member, or in the interests, of a group or class of persons;
(d) any person acting in the public interest;
(e) any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
… (Sec. 85)

Judicial Protection

(1) In exercising judicial authority, members of the judiciary must be guided by the following principles—

(c) the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law.
… (Sec. 165)

National Human Rights Bodies

The following are the independent Commissions—

(b) the Zimbabwe Human Rights Commission;
… (Sec. 232)

National Human Rights Bodies

The independent Commissions have the following general objectives in addition to those given to them individually—
(a) to support and entrench human rights and democracy;
… (Sec. 233)

National Human Rights Bodies

(1) The Zimbabwe Human Rights Commission has the following functions—
(a) to promote awareness of and respect for human rights and freedoms at all levels of society;
(b) to promote the protection, development and attainment of human rights and freedoms;
(c) to monitor, assess and ensure observance of human rights and freedoms;
(d) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;
(e) to protect the public against abuse of power and maladministration by State and public institutions and by officers of those institutions;
(f) to investigate the conduct of any authority or person, where it is alleged that any of the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person;
(g) to secure appropriate redress, including recommending the prosecution of offenders, where human rights or freedoms have been violated;
(h) to direct the Commissioner-General of Police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the Commission on the results of any such investigation;
(i) to recommend to Parliament effective measures to promote human rights and freedoms;
(j) to conduct research into issues relating to human rights and freedoms and social justice; and
(k) to visit and inspect—
(i) prisons, places of detention, refugee camps and related facilities;
and
(ii) places where mentally disordered or intellectually handicapped persons are detained;
in order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.
(2) The Commissioner-General of Police must comply with any directive given to him or her by the Zimbabwe Human Rights Commission under subsection (1)(h). (Sec. 243)

Limitations and/or Derogations

This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution. (Sec. 47)

Limitations and/or Derogations

(1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons.
(2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors,
including—
(a) the nature of the right or freedom concerned;
(b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others;
(e) the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and
(f) whether there are any less restrictive means of achieving the purpose of the limitation.
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them—
(a) the right to life, except to the extent specified in section 48;
(b) the right to human dignity;
(c) the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment;
(d) the right not to be placed in slavery or servitude;
(e) the right to a fair trial;
(f) the right to obtain an order of habeas corpus as provided in section 50(7)(a). (Sec. 86)

Limitations and/or Derogations

(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(2) A written law referred to in subsection (1) and any legislative measures taken under that law, must be published in the Gazette.
(3) Any limitation which a written law referred to in subsection (1) imposes on a fundamental right or freedom set out in this Chapter must not be greater than is strictly required by the emergency.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration, may—
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. (Sec. 87)

Limitations and/or Derogations

(1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87.
(2) If a state of public emergency is declared under section 113 in relation to only a part of Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this Schedule in any other part of Zimbabwe.
… (Second Schedule, Limitations on Rights during Public Emergencies, Sec. 2)

Marriage and Family Life

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—
(a) enjoy family or parental care, or appropriate care when removed from the family environment;
… (Sec. 19)

Marriage and Family Life

(2) The State and all institutions and agencies of government at every level must endeavour to secure—

(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Marriage and Family Life

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—
(a) the provision of care and assistance to mothers, fathers and other family members who have charge of children; and
(b) the prevention of domestic violence. (Sec. 25)

Marriage and Family Life

The State must take appropriate measures to ensure that—
(a) no marriage is entered into without the free and full consent of the intending spouses;
(b) children are not pledged in marriage;
(c) there is equality of rights and obligations of spouses during marriage and at its dissolution; and
(d) in the event of dissolution of a marriage, whether through death or divorce, provision is made for the necessary protection of any children and spouses. (Sec. 26)

Marriage and Family Life

(7) Women employees have a right to fully paid maternity leave for a period of at least three months. (Sec. 65)

Marriage and Family Life

(1) Every person who has attained the age of eighteen years has the right to found a family.
(2) No person may be compelled to enter into marriage against their will.
(3) Persons of the same sex are prohibited from marrying each other. (Sec. 78)

Marriage and Family Life

(2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised.
… (Sec. 80)

Marriage and Family Life

(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right—

(d) to family or parental care, or to appropriate care when removed from the family environment;
… (Sec. 81)

Participation in Public Life and Institutions

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
(2) Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them.
(3) Measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development.
… (Sec. 13)

Participation in Public Life and Institutions

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Participation in Public Life and Institutions

(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Sec. 56)

Participation in Public Life and Institutions

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Participation in Public Life and Institutions

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Participation in Public Life and Institutions

(1) Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles—

(j) public administration must be broadly representative of the diverse communities of Zimbabwe;
(k) employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities;
and the State must take measures, including legislative measures, to promote these values and principles.
(2) Appointments to offices in all tiers of government, including government institutions and agencies and government-controlled entities and other public enterprises, must be made primarily on the basis of merit. (Sec. 194)

Participation in Public Life and Institutions

(1) Except as otherwise provided in this Constitution, every member of a Commission is appointed for a term of five years which is renewable for one additional term only.

(4) Where a Commission has a chairperson and a deputy chairperson, they must be of different genders.
… (Sec. 320)

Political Rights and Association

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
...
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Political Rights and Association

(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Sec. 56)

Political Rights and Association

(1) Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others.
(2) No person may be compelled to belong to an association or to attend a meeting or gathering. (Sec. 58)

Political Rights and Association

(1) Every Zimbabwean citizen has the right—
(a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and
(b) to make political choices freely.
(2) Subject to this Constitution, every Zimbabwean citizen has the right—
(a) to form, to join and to participate in the activities of a political party or organisation of their choice;
(b) to campaign freely and peacefully for a political party or cause;
(c) to participate in peaceful political activity; and
(d) to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause.
(3) Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right—
(a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and
(b) to stand for election for public office and, if elected, to hold such office.
(4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties. (Sec. 67)

Political Rights and Association

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Political Rights and Association

(1) Subject to subparagraph (2) and to paragraph 2, a person is qualified to be registered as a voter on the voters roll of a constituency if he or she—
(a) is of or over the age of eighteen years; and
(b) is a Zimbabwean citizen.
(2) The Electoral Law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this Constitution, in particular with section 67. (Fourth Schedule, Qualifications of Voters, Sec. 1)

National level

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

National level

(1) The Senate consists of eighty Senators, of whom—
(a) six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
(b) sixteen are Chiefs, of whom two are elected by the provincial assembly of Chiefs from each of the provinces, other than the metropolitan provinces, into which Zimbabwe is divided;
(c) the President and Deputy President of the National Council of Chiefs;
and
(d) two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.
(2) Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure that he Senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate. (Sec. 120)

National level

(1) The National Assembly consists of—
(a) two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and
(b) for the life of the first two Parliaments after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected under a party-list system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces.
… (Sec. 124)

Subnational levels

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Subnational levels

(1) There is a provincial council for each province, except the metropolitan provinces, consisting of—
(a) a chairperson of the council, elected in terms of section 272;
(b) the senators elected from the province concerned;
(c) the two Senator Chiefs elected from the province concerned in terms of section 120(1)(b);
(d) the president and deputy president of the National Council of Chiefs, where their areas fall within the province concerned;
(e) all the Members of the National Assembly whose constituencies fall within the province concerned;
(f) the women Members of the National Assembly who are elected in terms of section 124( 1 )(b) from the province concerned;
(g) the mayors and chairpersons, by whatever title they are called, of all urban and rural local authorities in the province concerned; and
(h) ten persons elected by a system of proportional representation referred to in subsection (3).
(2) A person is qualified to be elected to a provincial council in terms of subsection (1)(h) if he or she is qualified for election as a Member of the National Assembly.
(3) Elections to provincial councils must be conducted in accordance with the Electoral Law, which must ensure that the persons referred to in subsection (1)(h) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in the province concerned in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate.
… (Sec. 268)

Subnational levels

(1) For each of the metropolitan provinces there is a metropolitan council consisting of—
(a) in the case of Bulawayo, the mayor of the City of Bulawayo, who is the chairperson of the Bulawayo Metropolitan Council;
(b) in the case of Harare—
(i) the mayor of the City of Harare, who is the chairperson of the Harare Metropolitan Council; and
(ii) the mayor or chairperson of the second-largest urban local authority within the province, who is the deputy chairperson of the Harare Metropolitan Council;
(c) all the Members of the National Assembly whose constituencies fall within the metropolitan province concerned;
(d) the women Members of the National Assembly who are elected in terms of section 124(1)(b) from the metropolitan province concerned;
(e) the Senators elected from the metropolitan province concerned; and
(f) the mayors and deputy mayors and the chairpersons and deputy chairpersons, by whatever title they are called, of all local authorities in the metropolitan province concerned.
… (Sec. 269)

Subnational levels

(2) The Electoral Law must make provision, consistent with this Chapter, for the filling of vacancies in the seats of the members of provincial councils referred to in section 268(1)(f) and in the offices of chairpersons of provincial councils, which vacancies must be filled—
(a) by persons belonging to the same political parties as those who previously held the seats or offices; and
(b) except in the case of chairpersons, by a person of the same gender as the persons who previously held the seats. (Sec. 273)

Political Parties

(4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties. (Sec. 67)

Electoral Bodies

The Zimbabwe Electoral Commission has the following functions—
(a) to prepare for, conduct and supervise—
(i) elections to the office of President and to Parliament;
(ii) elections to provincial and metropolitan councils and the governing bodies of local authorities;
(iii) elections of members of the National Council of Chiefs established by section 285; and
(iv) referendums;
and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;
(b) to supervise elections of the President of the Senate and the Speaker and to ensure that those elections are conducted efficiently and in accordance with the law;
(c) to register voters;
(d) to compile voters’ rolls and registers;
(e) to ensure the proper custody and maintenance of voters’ rolls and registers;
(f) to delimit constituencies, wards and other electoral boundaries;
(g) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres;
(h) to conduct and supervise voter education;
(i) to accredit observers of elections and referendums;
(j) to give instructions to persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum; and
(k) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate. (Sec. 239)

Head of State

The President is the Head of State and Government and the Commander-in- Chief of the Defence Forces. (Sec. 89)

Head of State

(1) A person qualifies for election as President or Vice-President if he or she—
(a) is a Zimbabwean citizen by birth or descent;
(b) has attained the age of forty years;
(c) is ordinarily resident in Zimbabwe; and
(d) is registered as a voter.
… (Sec. 91)

Head of State

(3) The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe, and the procedure for their election is as prescribed in the Electoral Law.
… (Sec. 92)

Vice-President

(1) A person qualifies for election as President or Vice-President if he or she—
(a) is a Zimbabwean citizen by birth or descent;
(b) has attained the age of forty years;
(c) is ordinarily resident in Zimbabwe; and
(d) is registered as a voter.
… (Sec. 91)

Vice-President

(2) Every candidate for election as President must nominate two persons to stand for election jointly with him or her as Vice-Presidents, and must designate one of those persons as his or her candidate for first Vice-President and the other as his or her candidate for second Vice-President.
(3) The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe, and the procedure for their election is as prescribed in the Electoral Law.
… (Sec. 92)

Government

(2) The executive authority of Zimbabwe vests in the President who exercises it, subject to this Constitution, through the Cabinet. (Sec. 88)

Government

(1) The President appoints Ministers and assigns functions to them, including the administration of any Act of Parliament or of any Ministry or department, but the President may reserve to himself or herself the administration of an Act, Ministry or department.
(2) The President may appoint Deputy Ministers to assist any Minister in the exercise of his or her functions.
(3) Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament.
(4) In appointing Ministers and Deputy Ministers, the President must be guided by considerations of regional and gender balance.
… (Sec. 104)

Legislature

Parliament consists of the Senate and the National Assembly. (Sec. 118)

Legislature

(1) The Senate consists of eighty Senators, of whom—
(a) six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
(b) sixteen are Chiefs, of whom two are elected by the provincial assembly of Chiefs from each of the provinces, other than the metropolitan provinces, into which Zimbabwe is divided;
(c) the President and Deputy President of the National Council of Chiefs;
and
(d) two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.
(2) Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure that the Senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate. (Sec. 120)

Legislature

(1) A person is qualified for election as a Senator referred to in section 120(1)
(a) or (d) if he or she—
(a) is registered as a voter; and
(b) is at least forty years of age;
unless he or she is disqualified under subsection (4) or (5).
(2) A person is qualified for election as a Senator Chief referred to in section 120(1)(b) if he or she—
(a) holds the office of Chief; and
(b) is registered as a voter;
unless he or she is disqualified under subsection (4) or (5).
… (Sec. 121)

Legislature

(1) The National Assembly consists of—
(a) two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and
(b) for the life of the first two Parliaments after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected under a party-list system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces.
… (Sec. 124)

Legislature

(1) A person is qualified for election as a Member of the National Assembly if he or she—
(a) is registered as a voter; and
(b) is at least twenty-one years of age;
unless he or she is disqualified under subsection (2) or (3).
… (Sec. 125)

Legislature

(1) The proceedings of the Senate and the National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders.

(4) Any committee established by or under Standing Orders must reflect, as closely as possible, the political and gender composition of Parliament or of the House to which the Standing Orders apply. (Sec. 139)

Legislature

(3) Members must be appointed or elected to the Committee on Standing Rules and Orders as soon as possible after the beginning of the first session of each Parliament, and they must be selected so that the committee reflects as nearly as possible the political and gender composition of the combined Houses of Parliament.
… (Sec. 151)

Legislature

(1) An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters—

(d) a system of proportional representation for the election of persons to the seats in the Senate referred to in section 120(1)(a) and the seats reserved for women in the National Assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons—
(i) belonging to the same political parties as those who previously held the seats; and
(ii) of the same gender as the persons who previously held the seats;

(2) The system of proportional representation provided for in terms of subsection (1)(d) must ensure equal representation of women among the Senators referred to in section 120(1)(a).
… (Sec. 157)

Property, Inheritance and Land Tenure

(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(j) the equitable sharing of national resources, including land;
… (Sec. 3)

Property, Inheritance and Land Tenure

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
… (Sec. 17)

Property, Inheritance and Land Tenure

(2) Subject to section 72, every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others.
… (Sec. 71)

Property, Inheritance and Land Tenure

In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country’s natural resources, policies regarding agricultural land must be guided by the following principles—
(a) land is a finite natural resource that forms part of Zimbabweans’ common heritage;
(b) subject to section 72, every Zimbabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour;
(c) the allocation and distribution of agricultural land must be fair and equitable, having regard to gender balance and diverse community interests;
(d) the land tenure system must promote increased productivity and investment by Zimbabweans in agricultural land;
(e) the use of agricultural land should promote food security, good health and nutrition and generate employment, while protecting and conserving the environment for future generations;
(f) no person may be deprived arbitrarily of their right to use and occupy agricultural land. (Sec. 289)

Property, Inheritance and Land Tenure

The State must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land. (Sec. 292)

Property, Inheritance and Land Tenure

(1) The State may alienate for value any agricultural land vested in it, whether through the transfer of ownership to any other person or through the grant of a lease or other right of occupation or use, but any such alienation must be in accordance with the principles specified in section 289.
(2) The State may not alienate more than one piece of agricultural land to the same person and his or her dependants.
(3) An Act of Parliament must prescribe procedures for the alienation and allocation of agricultural land by the State, and any such law must be consistent with the principles specified in section 289. (Sec. 293)

Property, Inheritance and Land Tenure

Subject to any limitation imposed by law, an owner or occupier of agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land. (Sec. 294)

Property, Inheritance and Land Tenure

(2) Members of the Zimbabwe Land Commission must—
(a) be chosen for their integrity and competence in, and knowledge and understanding of, the best practices in land management and administration; and
(b) reflect the diversity of Zimbabwe’s population, in particular its regional interests and gender balance. … (Sec. 296)

Property, Inheritance and Land Tenure

(1) The Zimbabwe Land Commission has the following functions—

(c) to make recommendations to the Government regarding—
(i) the acquisition of private land for public purposes;
(ii) equitable access to and holding and occupation of agricultural land, in particular—
A. the elimination of all forms of unfair discrimination, particularly gender discrimination;
B. the enforcement of any law restricting the amount of agricultural land that may be held by any person or household;
(iii) land usage and the size of agricultural land holdings;
(iv) the simplification of the acquisition and transfer of rights in land;
(v) systems of land tenure; and
(vi) fair compensation payable under any law for agricultural land and improvements that have been compulsorily acquired;
(vii) allocations and alienations of agricultural land;
… (Sec. 297)

Property, Inheritance and Land Tenure

In this Constitution— …
“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief; … (Sec. 332)

Protection from Violence

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—

(c) are protected from maltreatment, neglect or any form of abuse;

(3) The State must take appropriate legislative and other measures—
(a) to protect children from exploitative labour practices; and
(b) to ensure that children are not required or permitted to perform work or provide services that—
(i) are inappropriate for the children’s age; or
(ii) place at risk the children’s well-being, education, physical or mental health or spiritual, moral or social development. (Sec. 19)

Protection from Violence

(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—

(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)

Protection from Violence

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—

(b) the prevention of domestic violence. (Sec. 25)

Protection from Violence

Every person has the right to bodily and psychological integrity, which includes the right—
(a) to freedom from all forms of violence from public or private sources;
(b) subject to any other provision of this Constitution, to make decisions concerning reproduction;
(c) not to be subjected to medical or scientific experiments, or to the extraction or use of their bodily tissue, without their informed consent. (Sec. 52)

Protection from Violence

No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment. (Sec. 53)

Protection from Violence

No person may be subjected to slavery or servitude. (Sec. 54)

Protection from Violence

No person may be made to perform forced or compulsory labour. (Sec. 55)

Protection from Violence

(5) Freedom of expression and freedom of the media exclude—
(a) incitement to violence;
(b) advocacy of hatred or hate speech;
… (Sec. 61)

Protection from Violence

(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right—

(e) to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;
… (Sec. 81)

Public Institutions and Services

(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(i) recognition of the rights of—

(iii) women, the elderly, youths and children;
… (Sec. 3)

Public Institutions and Services

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
… (Sec. 13)

Public Institutions and Services

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—
(a) enjoy family or parental care, or appropriate care when removed from the family environment;
… (Sec. 19)

Public Institutions and Services

(2) The State and all institutions and agencies of government at every level must endeavour to secure—

(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Public Institutions and Services

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—
(a) the provision of care and assistance to mothers, fathers and other family members who have charge of children; and
… (Sec. 25)

Public Institutions and Services

(1) Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles—

(d) services must be provided impartially, fairly, equitably and without bias;
… (Sec. 194)

Sexual and Reproductive Rights

(3) An Act of Parliament must protect the lives of unborn children, and that Act must provide that pregnancy may be terminated only in accordance with that law. (Sec. 48)

Sexual and Reproductive Rights

Every person has the right to bodily and psychological integrity, which includes the right—

(b) subject to any other provision of this Constitution, to make decisions concerning reproduction;
… (Sec. 52)

Sexual and Reproductive Rights

(1) Every citizen and permanent resident of Zimbabwe has the right to have access to basic health-care services, including reproductive health-care services.
… (Sec. 76)

Sexual Orientation and Gender Identity

(3) Persons of the same sex are prohibited from marrying each other. (Sec. 78)

Status of the Constitution

… And, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land. (Preamble)

Status of the Constitution

(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
(2) The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them. (Sec. 2)

Status of the Constitution

(1) Zimbabwe is founded on respect for the following values and principles—
(a) supremacy of the Constitution;
… (Sec. 3)

Status of the Constitution

(1) Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament.
… (Sec. 326)

Status of International Law

The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law. (Sec. 34)

Status of International Law

(1) When interpreting this Chapter, a court, tribunal, forum or body—

(c) must take into account international law and all treaties and conventions to which Zimbabwe is a party;

in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
… (Sec. 46)

Status of International Law

(7) Members of the judiciary must take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and in particular must keep themselves abreast of developments in domestic and international law. (Sec. 165)

Status of International Law

(1) The Zimbabwe Human Rights Commission may require any person, institution or agency, whether belonging to or employed by the State or otherwise—

(b) to provide the Commission with information it needs to prepare any report required to be submitted to any regional or international body under any human rights convention, treaty or agreement to which Zimbabwe is a party.
… (Sec. 244)

Status of International Law

(1) Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament.
(2) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe, in preference to an alternative interpretation inconsistent with that law. (Sec. 326)

Status of International Law

(1) In this section—
“international organisation” means an organisation whose membership consists of two or more independent States or in which two or more independent States are represented;
“international treaty” means a convention, treaty, protocol or agreement between one or more foreign States or governments or international organisations.
(2) An international treaty which has been concluded or executed by the President or under the President’s authority—
(a) does not bind Zimbabwe until it has been approved by Parliament; and
(b) does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament.
(3) An agreement which is not an international treaty but which—
(a) has been concluded or executed by the President or under the President’s authority with one or more foreign organisations or entities; and
(b) imposes fiscal obligations on Zimbabwe;
does not bind Zimbabwe until it has been approved by Parliament.
(4) An Act of Parliament may provide that subsections (2) and (3)—
(a) do not apply to any particular international treaty or agreement or to any class of such treaties or agreements; or
(b) apply with modifications in relation to any particular international treaty or agreement or to any class of such treaties or agreements.
(5) Parliament may by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires—
(a) the withdrawal or appropriation of funds from the Consolidated Revenue Fund; or
(b) any modification of the law of Zimbabwe.
(6) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on Zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement. (Sec. 327)

Customary Law

(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
… (Sec. 2)

Customary Law

(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(h) the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
… (Sec. 3)

Customary Law

(1) The State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.
...
(3) The State and all institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions. (Sec. 16)

Customary Law

(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—

(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)

Customary Law

(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter3. (Sec. 46)

Customary Law

(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)

Customary Law

(1) The judiciary of Zimbabwe consists of—

(f) persons presiding over magistrates courts, customary law courts and other courts established by or under an Act of Parliament.
… (Sec. 163)

Customary Law

An Act of Parliament may provide for the establishment, composition and jurisdiction of—

(b) customary law courts whose jurisdiction consists primarily in the application of customary law;
… (Sec. 174)

Customary Law

The Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)

Customary Law

(1) The institution, status and role of traditional leaders under customary law are recognised.
(2) A traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, head person or village head, as the case may be, for his or her community. (Sec. 280)

Customary Law

(1) Traditional leaders must—
(a) act in accordance with this Constitution and the laws of Zimbabwe;
(b) observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this Constitution; and
(c) treat all persons within their areas equally and fairly.
(2) Traditional leaders must not—
(a) be members of any political party or in any way participate in partisan politics;
(b) act in a partisan manner;
(c) further the interests of any political party or cause; or
(d) violate the fundamental rights and freedoms of any person. (Sec. 281)

Customary Law

(1) Traditional leaders have the following functions within their areas of jurisdiction—-
(a) to promote and uphold the cultural values of their communities and, in particular, to promote sound family values;
(b) to take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines;
(c) to facilitate development;
(d) in accordance with an Act of Parliament, to administer Communal Land and to protect the environment;
(e) to resolve disputes amongst people in their communities in accordance with customary law; and
(f) to exercise any other functions conferred or imposed on them by an Act of Parliament.
(2) Except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over the Communal Land or other areas for which they have been appointed, and over persons within those Communal Lands or areas.
(3) In the performance of their functions, traditional leaders are not subject to the direction or control of any person or authority, except as may be prescribed in an Act of Parliament.
(4) An Act of Parliament must provide for the regulation of the conduct of traditional leaders. (Sec. 282)

Customary Law

An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders;
but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)

Customary Law

(1) There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.
(2) An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.
(3) So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
(4) Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.
(5) Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).
(6) The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.
(7) An Act of Parliament must provide for—
(a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
(b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs;
(c) the tenure of office of members of the National Council of Chiefs;
(d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs;
(e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
(f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs. (Sec. 285)

Customary Law

(1) The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions—
(a) to protect, promote and develop Zimbabwe’s culture and traditions;
(b) to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions;
(c) to protect, promote and advance the interests of traditional leaders;
(d) to consider representations and complaints made to it by traditional leaders;
(e) to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership;
(f) to facilitate the settlement of disputes between and concerning traditional leaders;
(g) to perform any other functions that may be conferred or imposed on it by an Act of Parliament.
(2) An Act of Parliament must ensure that—
(a) the National Council of Chiefs and all provincial assemblies of Chiefs are able to carry out their functions independently and efficiently; and
(b) persons employed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and impartially. (Sec. 286)

Customary Law

An Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions—
(a) to develop and enforce integrity and ethical conduct on the part of traditional leaders;
(b) to resolve disputes between traditional leaders;
(c) to deal with complaints against traditional leaders. (Sec. 287)

Customary Law

In this Constitution— …
“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief; …
“customary law” means the customary law of any section or community of Zimbabwe’s people; …
“traditional leader” means a person appointed as such in terms of section 283; … (Sec. 332)

Women’s Rights

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
(2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised.
(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)

Affirmative Action (Broadly)

English

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
(2) Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them.
(3) Measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development.
… (Sec. 13)

Affirmative Action (Broadly)

English

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate and take measures to empower, through appropriate, transparent, fair and just affirmative action, all marginalised persons, groups and communities in Zimbabwe.
(2) At all times the State and all institutions and agencie of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all Zimbabweans, especially women and youths. (Sec. 14)

Affirmative Action (Broadly)

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
and
(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
(2) The State must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies. (Sec. 17)

Affirmative Action (Broadly)

English

(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.

(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)

Affirmative Action (Broadly)

English

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Citizenship and Nationality

English

(1) Persons are Zimbabwean citizens by birth if they were born in Zimbabwe and, when they were born—
(a) either their mother or their father was a Zimbabwean citizen; or
(b) any of their grandparents was a Zimbabwean citizen by birth or descent.
(2) Persons born outside Zimbabwe are Zimbabwean citizens by birth if, when they were born, either of their parents was a Zimbabwean citizen and—
(a) ordinarily resident in Zimbabwe; or
(b) working outside Zimbabwe for the State or an international organisation.
(3) A child found in Zimbabwe who is, or appears to be, less than fifteen years of age, and whose nationality and parents are not known, is presumed to be a Zimbabwean citizen by birth. (Sec. 36)

Citizenship and Nationality

English

Subject to section 36(2), persons born outside Zimbabwe are Zimbabwean citizens by descent if, when they were born—
(a) either of their parents or any of their grandparents was a Zimbabwean citizen by birth or descent; or
(b) either of their parents was a Zimbabwean citizen by registration;
and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births. (Sec. 37)

Citizenship and Nationality

English

(1) Any person who has been married to a Zimbabwean citizen for at least five years, whether before or after the effective date, and who satisfies the conditions prescribed by an Act of Parliament, is entitled, on application, to be registered as a Zimbabwean citizen.
(2) Any person who has been continuously and lawfully resident in Zimbabwe for at least ten years, whether before or after the effective date, and who satisfies the conditions prescribed by an Act of Parliament, is entitled, on application, to be registered as a Zimbabwean citizen.
(3) A child who is not a Zimbabwean citizen, but is adopted by a Zimbabwean citizen, whether before or after the effective date, is entitled, on application, to be registered as a Zimbabwean citizen. (Sec. 38)

Citizenship and Nationality

English

Zimbabwean citizenship is not lost through marriage or the dissolution of marriage. (Sec. 40)

Citizenship and Nationality

English

An Act of Parliament may make provision, consistent with this Chapter, for—
(a) procedures by which Zimbabwean citizenship by registration may be acquired;
(b) the voluntary renunciation of Zimbabwean citizenship;
(c) procedures for the revocation of Zimbabwean citizenship by registration;
(d) the restoration of Zimbabwean citizenship;
(e) the prohibition of dual citizenship in respect of citizens by descent or registration; and
(f) generally giving effect to this Chapter. (Sec. 42)

Citizenship and Nationality

English

(1) Every person who, immediately before the publication day, was a Zimbabwean citizen continues to be a Zimbabwean citizen after that date.
(2) Every person who was born in Zimbabwe before the publication day is a Zimbabwean citizen by birth if—
(a) one or both of his or her parents was a citizen of a country which became a member of the Southern African Development Community established by the treaty signed at Windhoek in the Republic of Namibia on the 17th August, 1992; and
(b) he or she was ordinarily resident in Zimbabwe on the publication day. (Sec. 43)

Composition and Appointment

English

(1) A person is qualified for appointment as a judge of the Constitutional Court if he or she is a Zimbabwean citizen, is at least forty years old and has a sound knowledge of constitutional law and, in addition, possesses one of the following qualifications—
(a) he or she has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English, and English is an officially recognised language; or
(b) for at least twelve years, whether continuously or not, he or she has been qualified to practise as a legal practitioner—
(i) in Zimbabwe; or
(ii) in a country in which the common law is Roman-Dutch or English and English is an officially recognised language; and is currently so qualified to practise.
(2) To be appointed as a judge of the Constitutional Court a person must be a fit and proper person to hold office as a judge.
(Sec. 177)

Composition and Appointment

English

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Jurisdiction and Access

English

(1) The Constitutional Court—
(a) is the highest court in all constitutional matters, and its decisions on those matters bind all other courts;
(b) decides only constitutional matters and issues connected with decisions on constitutional matters, in particular references and applications under section 131(8)(b) and paragraph 9(2) of the Fifth Schedule; and
(c) makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
(2) Subject to this Constitution, only the Constitutional Court may—
(a) advise on the constitutionality of any proposed legislation, but may do so only where the legislation concerned has been referred to it in terms of this Constitution;

(d) determine whether Parliament or the President has failed to fulfil a constitutional obligation.
(3) The Constitutional Court makes the final decision whether an Act of Parliament or conduct of the President or Parliament is constitutional, and must confirm any order of constitutional invalidity made by another court before that order has any force.
(4) An Act of Parliament may provide for the exercise of jurisdiction by the Constitutional Court and for that purpose may confer the power to make rules of court.
(5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court—
(a) to bring a constitutional matter directly to the Constitutional Court;
(b) to appeal directly to the Constitutional Court from any other court;
(c) to appear as a friend of the court.
(Sec. 167)

Jurisdiction and Access

English

(1) The High Court—

(c) may decide constitutional matters except those that only the Constitutional Court may decide;
… (Sec. 171)

Jurisdiction and Access

English

(1) Where a court makes an order concerning the constitutional invalidity of any law or any conduct of the President or Parliament, the order has no force unless it is confirmed by the Constitutional Court.
(2) A court which makes an order of constitutional invalidity referred to in subsection (1) may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of the law or conduct concerned.
(3) Any person with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order concerning constitutional validity by a court in terms of subsection (1).
(4) If a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the Constitutional Court unless he or she considers the request is merely frivolous or vexatious.
(5) An Act of Parliament or rules of court must provide for the reference to the Constitutional Court of an order concerning constitutional invalidity made in terms of subsection (1) by a court other than the Constitutional Court.
… (Sec. 175)

Death Penalty

English

(2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and—

(d) the penalty must not be imposed or carried out on a woman;
… (Sec. 48)

Education

English

(1) The State must take all practical measures to promote—
(a) free and compulsory basic education for children; and
(b) higher and tertiary education.
(2) The State must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels. (Sec. 27)

Education

English

(1) Every citizen and permanent resident of Zimbabwe has a right to—
(a) a basic State-funded education, including adult basic education; and
(b) further education, which the State, through reasonable legislative and other measures, must make progressively available and accessible.

(4) The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the right set out in subsection (1). (Sec. 75)

Employment Rights and Protection

English

(2) At all times the State and all institutions and agencies of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all Zimbabweans, especially women and youths. (Sec. 14)

Employment Rights and Protection

English

(1) The State and all institutions and agencies of government at every level must adopt reasonable policies and measures, within the limits of the resources available to them, to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families.
(2) The State and all institutions and agencies of government at every level must endeavour to secure—
(a) full employment;
(b) the removal of restrictions that unnecessarily inhibit or prevent people from working and otherwise engaging in gainful economic activities;
(c) vocational guidance and the development of vocational and training programmes, including those for persons with disabilities; and
(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Employment Rights and Protection

English

Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law. (Sec. 64)

Employment Rights and Protection

English

(1) Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

(4) Every employee is entitled to just, equitable and satisfactory conditions of work.

(6) Women and men have a right to equal remuneration for similar work.
(7) Women employees have a right to fully paid maternity leave for a period of at least three months. (Sec. 65)

Equality and Non-Discrimination

English

… United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, ...
Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny, ...
Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work, … (Preamble)

Equality and Non-Discrimination

English

(1) Zimbabwe is founded on respect for the following values and principles—

(f) recognition of the equality of all human beings;
(g) gender equality;
… (Sec. 3)

Equality and Non-Discrimination

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
and
(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
(2) The State must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies. (Sec. 17)

Equality and Non-Discrimination

English

(1) When interpreting this Chapter, a court, tribunal, forum or body—

(b) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3;

in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
… (Sec. 46)

Equality and Non-Discrimination

English

(1) All persons are equal before the law and have the right to equal protection and benefit of the law.
(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.
(4) A person is treated in a discriminatory manner for the purpose of subsection (3) if—
(a) they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or
(b) other people are accorded directly or indirectly a privilege or advantage which they are not accorded.
(5) Discrimination on any of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)

Equality and Non-Discrimination

English

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Gender Equality Machineries

English

The following are the independent Commissions—

(c) the Zimbabwe Gender Commission;
… (Sec. 232)

Gender Equality Machineries

English

(1) There is a commission to be known as the Zimbabwe Gender Commission consisting of—
(a) a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and
(b) eight other members , of whom—
(i) seven are appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders; and
(ii) one is a nominee of the National Council of Chiefs, appointed by the President.
(2) Members of the Zimbabwe Gender Commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, economic and political spheres, and the genders must be equally represented on the Commission. (Sec. 245)

Gender Equality Machineries

English

The Zimbabwe Gender Commission has the following functions—
(a) to monitor issues concerning gender equality to ensure gender equality as provided in this Constitution;
(b) to investigate possible violations of rights relating to gender;
(c) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;
(d) to conduct research into issues relating to gender and social justice, and to recommend changes to laws and practices which lead to discrimination based on gender;
(e) to advise public and private institutions on steps to be taken to ensure gender equality;
(f) to recommend affirmative action programmes to achieve gender equality;
(g) to recommend prosecution for criminal violations of rights relating to gender;
(h) to secure appropriate redress where rights relating to gender have been violated; and
(i) to do everything necessary to promote gender equality. (Sec. 246)

Gender Equality Machineries

English

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Gender Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to gender issues which, in the Commission’s opinion, should be brought to the attention of Parliament. (Sec. 247)

Obligations of the State

English

… Reaffirming our commitment to upholding and defending fundamental human rights and freedoms, ... (Preamble)

Obligations of the State

English

(1) Zimbabwe is founded on respect for the following values and principles—

(c) fundamental human rights and freedoms;
… (Sec. 3)

Obligations of the State

English

The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfilment. (Sec. 11)

Obligations of the State

English

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfill the rights and freedoms set out in this Chapter. (Sec. 44)

Obligations of the State

English

(1) This Chapter binds the State and all executive, legislative and judicial institutions and agencies of government at every level.
… (Sec. 45)

Obligations of the State

English

This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution. (Sec. 47)

Obligations of Private Parties

English

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfill the rights and freedoms set out in this Chapter. (Sec. 44)

Obligations of Private Parties

English

(2) This Chapter binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature of the right or freedom concerned and any duty imposed by it.
… (Sec. 45)

Obligations of Private Parties

English

(1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons.
… (Sec. 86)

Judicial Protection

English

(1) When interpreting this Chapter2, a court, tribunal, forum or body—
(a) must give full effect to the rights and freedoms enshrined in this Chapter;
(b) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3;
(c) must take into account international law and all treaties and conventions to which Zimbabwe is a party;
(d) must pay due regard to all the provisions of this Constitution, in particular the principles and objectives set out in Chapter 2; and
(e) may consider relevant foreign law;
in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter. (Sec. 46)

Judicial Protection

English

(1) Any of the following persons, namely—
(a) any person acting in their own interests;
(b) any person acting on behalf of another person who cannot act for themselves;
(c) any person acting as a member, or in the interests, of a group or class of persons;
(d) any person acting in the public interest;
(e) any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
… (Sec. 85)

Judicial Protection

English

(1) In exercising judicial authority, members of the judiciary must be guided by the following principles—

(c) the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law.
… (Sec. 165)

National Human Rights Bodies

English

The following are the independent Commissions—

(b) the Zimbabwe Human Rights Commission;
… (Sec. 232)

National Human Rights Bodies

English

The independent Commissions have the following general objectives in addition to those given to them individually—
(a) to support and entrench human rights and democracy;
… (Sec. 233)

National Human Rights Bodies

English

(1) The Zimbabwe Human Rights Commission has the following functions—
(a) to promote awareness of and respect for human rights and freedoms at all levels of society;
(b) to promote the protection, development and attainment of human rights and freedoms;
(c) to monitor, assess and ensure observance of human rights and freedoms;
(d) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;
(e) to protect the public against abuse of power and maladministration by State and public institutions and by officers of those institutions;
(f) to investigate the conduct of any authority or person, where it is alleged that any of the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person;
(g) to secure appropriate redress, including recommending the prosecution of offenders, where human rights or freedoms have been violated;
(h) to direct the Commissioner-General of Police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the Commission on the results of any such investigation;
(i) to recommend to Parliament effective measures to promote human rights and freedoms;
(j) to conduct research into issues relating to human rights and freedoms and social justice; and
(k) to visit and inspect—
(i) prisons, places of detention, refugee camps and related facilities;
and
(ii) places where mentally disordered or intellectually handicapped persons are detained;
in order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.
(2) The Commissioner-General of Police must comply with any directive given to him or her by the Zimbabwe Human Rights Commission under subsection (1)(h). (Sec. 243)

Limitations and/or Derogations

English

This Chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Constitution. (Sec. 47)

Limitations and/or Derogations

English

(1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons.
(2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors,
including—
(a) the nature of the right or freedom concerned;
(b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others;
(e) the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and
(f) whether there are any less restrictive means of achieving the purpose of the limitation.
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them—
(a) the right to life, except to the extent specified in section 48;
(b) the right to human dignity;
(c) the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment;
(d) the right not to be placed in slavery or servitude;
(e) the right to a fair trial;
(f) the right to obtain an order of habeas corpus as provided in section 50(7)(a). (Sec. 86)

Limitations and/or Derogations

English

(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(2) A written law referred to in subsection (1) and any legislative measures taken under that law, must be published in the Gazette.
(3) Any limitation which a written law referred to in subsection (1) imposes on a fundamental right or freedom set out in this Chapter must not be greater than is strictly required by the emergency.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration, may—
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. (Sec. 87)

Limitations and/or Derogations

English

(1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87.
(2) If a state of public emergency is declared under section 113 in relation to only a part of Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this Schedule in any other part of Zimbabwe.
… (Second Schedule, Limitations on Rights during Public Emergencies, Sec. 2)

Marriage and Family Life

English

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—
(a) enjoy family or parental care, or appropriate care when removed from the family environment;
… (Sec. 19)

Marriage and Family Life

English

(2) The State and all institutions and agencies of government at every level must endeavour to secure—

(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Marriage and Family Life

English

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—
(a) the provision of care and assistance to mothers, fathers and other family members who have charge of children; and
(b) the prevention of domestic violence. (Sec. 25)

Marriage and Family Life

English

The State must take appropriate measures to ensure that—
(a) no marriage is entered into without the free and full consent of the intending spouses;
(b) children are not pledged in marriage;
(c) there is equality of rights and obligations of spouses during marriage and at its dissolution; and
(d) in the event of dissolution of a marriage, whether through death or divorce, provision is made for the necessary protection of any children and spouses. (Sec. 26)

Marriage and Family Life

English

(7) Women employees have a right to fully paid maternity leave for a period of at least three months. (Sec. 65)

Marriage and Family Life

English

(1) Every person who has attained the age of eighteen years has the right to found a family.
(2) No person may be compelled to enter into marriage against their will.
(3) Persons of the same sex are prohibited from marrying each other. (Sec. 78)

Marriage and Family Life

English

(2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised.
… (Sec. 80)

Marriage and Family Life

English

(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right—

(d) to family or parental care, or to appropriate care when removed from the family environment;
… (Sec. 81)

Participation in Public Life and Institutions

English

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
(2) Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them.
(3) Measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development.
… (Sec. 13)

Participation in Public Life and Institutions

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
(a) the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Participation in Public Life and Institutions

English

(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Sec. 56)

Participation in Public Life and Institutions

English

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Participation in Public Life and Institutions

English

Appointments to the judiciary must reflect broadly the diversity and gender composition of Zimbabwe. (Sec. 184)

Participation in Public Life and Institutions

English

(1) Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles—

(j) public administration must be broadly representative of the diverse communities of Zimbabwe;
(k) employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities;
and the State must take measures, including legislative measures, to promote these values and principles.
(2) Appointments to offices in all tiers of government, including government institutions and agencies and government-controlled entities and other public enterprises, must be made primarily on the basis of merit. (Sec. 194)

Participation in Public Life and Institutions

English

(1) Except as otherwise provided in this Constitution, every member of a Commission is appointed for a term of five years which is renewable for one additional term only.

(4) Where a Commission has a chairperson and a deputy chairperson, they must be of different genders.
… (Sec. 320)

Political Rights and Association

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—
...
(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Political Rights and Association

English

(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Sec. 56)

Political Rights and Association

English

(1) Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others.
(2) No person may be compelled to belong to an association or to attend a meeting or gathering. (Sec. 58)

Political Rights and Association

English

(1) Every Zimbabwean citizen has the right—
(a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and
(b) to make political choices freely.
(2) Subject to this Constitution, every Zimbabwean citizen has the right—
(a) to form, to join and to participate in the activities of a political party or organisation of their choice;
(b) to campaign freely and peacefully for a political party or cause;
(c) to participate in peaceful political activity; and
(d) to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause.
(3) Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right—
(a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and
(b) to stand for election for public office and, if elected, to hold such office.
(4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties. (Sec. 67)

Political Rights and Association

English

(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
… (Sec. 80)

Political Rights and Association

English

(1) Subject to subparagraph (2) and to paragraph 2, a person is qualified to be registered as a voter on the voters roll of a constituency if he or she—
(a) is of or over the age of eighteen years; and
(b) is a Zimbabwean citizen.
(2) The Electoral Law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this Constitution, in particular with section 67. (Fourth Schedule, Qualifications of Voters, Sec. 1)

National level

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

National level

English

(1) The Senate consists of eighty Senators, of whom—
(a) six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
(b) sixteen are Chiefs, of whom two are elected by the provincial assembly of Chiefs from each of the provinces, other than the metropolitan provinces, into which Zimbabwe is divided;
(c) the President and Deputy President of the National Council of Chiefs;
and
(d) two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.
(2) Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure that he Senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate. (Sec. 120)

National level

English

(1) The National Assembly consists of—
(a) two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and
(b) for the life of the first two Parliaments after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected under a party-list system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces.
… (Sec. 124)

Subnational levels

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(b) the State must take all measures, including legislative measures, needed to ensure that—
(i) both genders are equally represented in all institutions and agencies of government at every level; and
(ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
… (Sec. 17)

Subnational levels

English

(1) There is a provincial council for each province, except the metropolitan provinces, consisting of—
(a) a chairperson of the council, elected in terms of section 272;
(b) the senators elected from the province concerned;
(c) the two Senator Chiefs elected from the province concerned in terms of section 120(1)(b);
(d) the president and deputy president of the National Council of Chiefs, where their areas fall within the province concerned;
(e) all the Members of the National Assembly whose constituencies fall within the province concerned;
(f) the women Members of the National Assembly who are elected in terms of section 124( 1 )(b) from the province concerned;
(g) the mayors and chairpersons, by whatever title they are called, of all urban and rural local authorities in the province concerned; and
(h) ten persons elected by a system of proportional representation referred to in subsection (3).
(2) A person is qualified to be elected to a provincial council in terms of subsection (1)(h) if he or she is qualified for election as a Member of the National Assembly.
(3) Elections to provincial councils must be conducted in accordance with the Electoral Law, which must ensure that the persons referred to in subsection (1)(h) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in the province concerned in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate.
… (Sec. 268)

Subnational levels

English

(1) For each of the metropolitan provinces there is a metropolitan council consisting of—
(a) in the case of Bulawayo, the mayor of the City of Bulawayo, who is the chairperson of the Bulawayo Metropolitan Council;
(b) in the case of Harare—
(i) the mayor of the City of Harare, who is the chairperson of the Harare Metropolitan Council; and
(ii) the mayor or chairperson of the second-largest urban local authority within the province, who is the deputy chairperson of the Harare Metropolitan Council;
(c) all the Members of the National Assembly whose constituencies fall within the metropolitan province concerned;
(d) the women Members of the National Assembly who are elected in terms of section 124(1)(b) from the metropolitan province concerned;
(e) the Senators elected from the metropolitan province concerned; and
(f) the mayors and deputy mayors and the chairpersons and deputy chairpersons, by whatever title they are called, of all local authorities in the metropolitan province concerned.
… (Sec. 269)

Subnational levels

English

(2) The Electoral Law must make provision, consistent with this Chapter, for the filling of vacancies in the seats of the members of provincial councils referred to in section 268(1)(f) and in the offices of chairpersons of provincial councils, which vacancies must be filled—
(a) by persons belonging to the same political parties as those who previously held the seats or offices; and
(b) except in the case of chairpersons, by a person of the same gender as the persons who previously held the seats. (Sec. 273)

Political Parties

English

(4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties. (Sec. 67)

Electoral Bodies

English

The Zimbabwe Electoral Commission has the following functions—
(a) to prepare for, conduct and supervise—
(i) elections to the office of President and to Parliament;
(ii) elections to provincial and metropolitan councils and the governing bodies of local authorities;
(iii) elections of members of the National Council of Chiefs established by section 285; and
(iv) referendums;
and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;
(b) to supervise elections of the President of the Senate and the Speaker and to ensure that those elections are conducted efficiently and in accordance with the law;
(c) to register voters;
(d) to compile voters’ rolls and registers;
(e) to ensure the proper custody and maintenance of voters’ rolls and registers;
(f) to delimit constituencies, wards and other electoral boundaries;
(g) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres;
(h) to conduct and supervise voter education;
(i) to accredit observers of elections and referendums;
(j) to give instructions to persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum; and
(k) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate. (Sec. 239)

Head of State

English

The President is the Head of State and Government and the Commander-in- Chief of the Defence Forces. (Sec. 89)

Head of State

English

(1) A person qualifies for election as President or Vice-President if he or she—
(a) is a Zimbabwean citizen by birth or descent;
(b) has attained the age of forty years;
(c) is ordinarily resident in Zimbabwe; and
(d) is registered as a voter.
… (Sec. 91)

Head of State

English

(3) The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe, and the procedure for their election is as prescribed in the Electoral Law.
… (Sec. 92)

Vice-President

English

(1) A person qualifies for election as President or Vice-President if he or she—
(a) is a Zimbabwean citizen by birth or descent;
(b) has attained the age of forty years;
(c) is ordinarily resident in Zimbabwe; and
(d) is registered as a voter.
… (Sec. 91)

Vice-President

English

(2) Every candidate for election as President must nominate two persons to stand for election jointly with him or her as Vice-Presidents, and must designate one of those persons as his or her candidate for first Vice-President and the other as his or her candidate for second Vice-President.
(3) The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe, and the procedure for their election is as prescribed in the Electoral Law.
… (Sec. 92)

Government

English

(2) The executive authority of Zimbabwe vests in the President who exercises it, subject to this Constitution, through the Cabinet. (Sec. 88)

Government

English

(1) The President appoints Ministers and assigns functions to them, including the administration of any Act of Parliament or of any Ministry or department, but the President may reserve to himself or herself the administration of an Act, Ministry or department.
(2) The President may appoint Deputy Ministers to assist any Minister in the exercise of his or her functions.
(3) Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament.
(4) In appointing Ministers and Deputy Ministers, the President must be guided by considerations of regional and gender balance.
… (Sec. 104)

Legislature

English

Parliament consists of the Senate and the National Assembly. (Sec. 118)

Legislature

English

(1) The Senate consists of eighty Senators, of whom—
(a) six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
(b) sixteen are Chiefs, of whom two are elected by the provincial assembly of Chiefs from each of the provinces, other than the metropolitan provinces, into which Zimbabwe is divided;
(c) the President and Deputy President of the National Council of Chiefs;
and
(d) two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.
(2) Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure that the Senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and
(b) in which male and female candidates are listed alternately, every list being headed by a female candidate. (Sec. 120)

Legislature

English

(1) A person is qualified for election as a Senator referred to in section 120(1)
(a) or (d) if he or she—
(a) is registered as a voter; and
(b) is at least forty years of age;
unless he or she is disqualified under subsection (4) or (5).
(2) A person is qualified for election as a Senator Chief referred to in section 120(1)(b) if he or she—
(a) holds the office of Chief; and
(b) is registered as a voter;
unless he or she is disqualified under subsection (4) or (5).
… (Sec. 121)

Legislature

English

(1) The National Assembly consists of—
(a) two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and
(b) for the life of the first two Parliaments after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected under a party-list system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces.
… (Sec. 124)

Legislature

English

(1) A person is qualified for election as a Member of the National Assembly if he or she—
(a) is registered as a voter; and
(b) is at least twenty-one years of age;
unless he or she is disqualified under subsection (2) or (3).
… (Sec. 125)

Legislature

English

(1) The proceedings of the Senate and the National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders.

(4) Any committee established by or under Standing Orders must reflect, as closely as possible, the political and gender composition of Parliament or of the House to which the Standing Orders apply. (Sec. 139)

Legislature

English

(3) Members must be appointed or elected to the Committee on Standing Rules and Orders as soon as possible after the beginning of the first session of each Parliament, and they must be selected so that the committee reflects as nearly as possible the political and gender composition of the combined Houses of Parliament.
… (Sec. 151)

Legislature

English

(1) An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters—

(d) a system of proportional representation for the election of persons to the seats in the Senate referred to in section 120(1)(a) and the seats reserved for women in the National Assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons—
(i) belonging to the same political parties as those who previously held the seats; and
(ii) of the same gender as the persons who previously held the seats;

(2) The system of proportional representation provided for in terms of subsection (1)(d) must ensure equal representation of women among the Senators referred to in section 120(1)(a).
… (Sec. 157)

Property, Inheritance and Land Tenure

English

(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(j) the equitable sharing of national resources, including land;
… (Sec. 3)

Property, Inheritance and Land Tenure

English

(1) The State must promote full gender balance in Zimbabwean society, and in particular—

(c) the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
… (Sec. 17)

Property, Inheritance and Land Tenure

English

(2) Subject to section 72, every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others.
… (Sec. 71)

Property, Inheritance and Land Tenure

English

In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country’s natural resources, policies regarding agricultural land must be guided by the following principles—
(a) land is a finite natural resource that forms part of Zimbabweans’ common heritage;
(b) subject to section 72, every Zimbabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour;
(c) the allocation and distribution of agricultural land must be fair and equitable, having regard to gender balance and diverse community interests;
(d) the land tenure system must promote increased productivity and investment by Zimbabweans in agricultural land;
(e) the use of agricultural land should promote food security, good health and nutrition and generate employment, while protecting and conserving the environment for future generations;
(f) no person may be deprived arbitrarily of their right to use and occupy agricultural land. (Sec. 289)

Property, Inheritance and Land Tenure

English

The State must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land. (Sec. 292)

Property, Inheritance and Land Tenure

English

(1) The State may alienate for value any agricultural land vested in it, whether through the transfer of ownership to any other person or through the grant of a lease or other right of occupation or use, but any such alienation must be in accordance with the principles specified in section 289.
(2) The State may not alienate more than one piece of agricultural land to the same person and his or her dependants.
(3) An Act of Parliament must prescribe procedures for the alienation and allocation of agricultural land by the State, and any such law must be consistent with the principles specified in section 289. (Sec. 293)

Property, Inheritance and Land Tenure

English

Subject to any limitation imposed by law, an owner or occupier of agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land. (Sec. 294)

Property, Inheritance and Land Tenure

English

(2) Members of the Zimbabwe Land Commission must—
(a) be chosen for their integrity and competence in, and knowledge and understanding of, the best practices in land management and administration; and
(b) reflect the diversity of Zimbabwe’s population, in particular its regional interests and gender balance. … (Sec. 296)

Property, Inheritance and Land Tenure

English

(1) The Zimbabwe Land Commission has the following functions—

(c) to make recommendations to the Government regarding—
(i) the acquisition of private land for public purposes;
(ii) equitable access to and holding and occupation of agricultural land, in particular—
A. the elimination of all forms of unfair discrimination, particularly gender discrimination;
B. the enforcement of any law restricting the amount of agricultural land that may be held by any person or household;
(iii) land usage and the size of agricultural land holdings;
(iv) the simplification of the acquisition and transfer of rights in land;
(v) systems of land tenure; and
(vi) fair compensation payable under any law for agricultural land and improvements that have been compulsorily acquired;
(vii) allocations and alienations of agricultural land;
… (Sec. 297)

Property, Inheritance and Land Tenure

English

In this Constitution— …
“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief; … (Sec. 332)

Protection from Violence

English

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—

(c) are protected from maltreatment, neglect or any form of abuse;

(3) The State must take appropriate legislative and other measures—
(a) to protect children from exploitative labour practices; and
(b) to ensure that children are not required or permitted to perform work or provide services that—
(i) are inappropriate for the children’s age; or
(ii) place at risk the children’s well-being, education, physical or mental health or spiritual, moral or social development. (Sec. 19)

Protection from Violence

English

(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—

(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)

Protection from Violence

English

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—

(b) the prevention of domestic violence. (Sec. 25)

Protection from Violence

English

Every person has the right to bodily and psychological integrity, which includes the right—
(a) to freedom from all forms of violence from public or private sources;
(b) subject to any other provision of this Constitution, to make decisions concerning reproduction;
(c) not to be subjected to medical or scientific experiments, or to the extraction or use of their bodily tissue, without their informed consent. (Sec. 52)

Protection from Violence

English

No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment. (Sec. 53)

Protection from Violence

English

No person may be subjected to slavery or servitude. (Sec. 54)

Protection from Violence

English

No person may be made to perform forced or compulsory labour. (Sec. 55)

Protection from Violence

English

(5) Freedom of expression and freedom of the media exclude—
(a) incitement to violence;
(b) advocacy of hatred or hate speech;
… (Sec. 61)

Protection from Violence

English

(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right—

(e) to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;
… (Sec. 81)

Public Institutions and Services

English

(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(i) recognition of the rights of—

(iii) women, the elderly, youths and children;
… (Sec. 3)

Public Institutions and Services

English

(1) The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
(a) promote private initiative and self-reliance;
(b) foster agricultural, commercial, industrial, technological and scientific development;
(c) foster the development of industrial and commercial enterprises in order to empower Zimbabwean citizens; and
(d) bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas.
… (Sec. 13)

Public Institutions and Services

English

(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—
(a) enjoy family or parental care, or appropriate care when removed from the family environment;
… (Sec. 19)

Public Institutions and Services

English

(2) The State and all institutions and agencies of government at every level must endeavour to secure—

(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work. (Sec. 24)

Public Institutions and Services

English

The State and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for—
(a) the provision of care and assistance to mothers, fathers and other family members who have charge of children; and
… (Sec. 25)

Public Institutions and Services

English

(1) Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles—

(d) services must be provided impartially, fairly, equitably and without bias;
… (Sec. 194)

Sexual and Reproductive Rights

English

(3) An Act of Parliament must protect the lives of unborn children, and that Act must provide that pregnancy may be terminated only in accordance with that law. (Sec. 48)

Sexual and Reproductive Rights

English

Every person has the right to bodily and psychological integrity, which includes the right—

(b) subject to any other provision of this Constitution, to make decisions concerning reproduction;
… (Sec. 52)

Sexual and Reproductive Rights

English

(1) Every citizen and permanent resident of Zimbabwe has the right to have access to basic health-care services, including reproductive health-care services.
… (Sec. 76)

Sexual Orientation and Gender Identity

English

(3) Persons of the same sex are prohibited from marrying each other. (Sec. 78)

Status of the Constitution

English

… And, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land. (Preamble)

Status of the Constitution

English

(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
(2) The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them. (Sec. 2)

Status of the Constitution

English

(1) Zimbabwe is founded on respect for the following values and principles—
(a) supremacy of the Constitution;
… (Sec. 3)

Status of the Constitution

English

(1) Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament.
… (Sec. 326)

Status of International Law

English

The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law. (Sec. 34)

Status of International Law

English

(1) When interpreting this Chapter, a court, tribunal, forum or body—

(c) must take into account international law and all treaties and conventions to which Zimbabwe is a party;

in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
… (Sec. 46)

Status of International Law

English

(7) Members of the judiciary must take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and in particular must keep themselves abreast of developments in domestic and international law. (Sec. 165)

Status of International Law

English

(1) The Zimbabwe Human Rights Commission may require any person, institution or agency, whether belonging to or employed by the State or otherwise—

(b) to provide the Commission with information it needs to prepare any report required to be submitted to any regional or international body under any human rights convention, treaty or agreement to which Zimbabwe is a party.
… (Sec. 244)

Status of International Law

English

(1) Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament.
(2) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe, in preference to an alternative interpretation inconsistent with that law. (Sec. 326)

Status of International Law

English

(1) In this section—
“international organisation” means an organisation whose membership consists of two or more independent States or in which two or more independent States are represented;
“international treaty” means a convention, treaty, protocol or agreement between one or more foreign States or governments or international organisations.
(2) An international treaty which has been concluded or executed by the President or under the President’s authority—
(a) does not bind Zimbabwe until it has been approved by Parliament; and
(b) does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament.
(3) An agreement which is not an international treaty but which—
(a) has been concluded or executed by the President or under the President’s authority with one or more foreign organisations or entities; and
(b) imposes fiscal obligations on Zimbabwe;
does not bind Zimbabwe until it has been approved by Parliament.
(4) An Act of Parliament may provide that subsections (2) and (3)—
(a) do not apply to any particular international treaty or agreement or to any class of such treaties or agreements; or
(b) apply with modifications in relation to any particular international treaty or agreement or to any class of such treaties or agreements.
(5) Parliament may by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires—
(a) the withdrawal or appropriation of funds from the Consolidated Revenue Fund; or
(b) any modification of the law of Zimbabwe.
(6) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on Zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement. (Sec. 327)

Customary Law

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(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
… (Sec. 2)

Customary Law

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(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—

(h) the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
… (Sec. 3)

Customary Law

English

(1) The State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.
...
(3) The State and all institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions. (Sec. 16)

Customary Law

English

(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—

(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)

Customary Law

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(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter3. (Sec. 46)

Customary Law

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(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)

Customary Law

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(1) The judiciary of Zimbabwe consists of—

(f) persons presiding over magistrates courts, customary law courts and other courts established by or under an Act of Parliament.
… (Sec. 163)

Customary Law

English

An Act of Parliament may provide for the establishment, composition and jurisdiction of—

(b) customary law courts whose jurisdiction consists primarily in the application of customary law;
… (Sec. 174)

Customary Law

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The Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)

Customary Law

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(1) The institution, status and role of traditional leaders under customary law are recognised.
(2) A traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, head person or village head, as the case may be, for his or her community. (Sec. 280)

Customary Law

English

(1) Traditional leaders must—
(a) act in accordance with this Constitution and the laws of Zimbabwe;
(b) observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this Constitution; and
(c) treat all persons within their areas equally and fairly.
(2) Traditional leaders must not—
(a) be members of any political party or in any way participate in partisan politics;
(b) act in a partisan manner;
(c) further the interests of any political party or cause; or
(d) violate the fundamental rights and freedoms of any person. (Sec. 281)

Customary Law

English

(1) Traditional leaders have the following functions within their areas of jurisdiction—-
(a) to promote and uphold the cultural values of their communities and, in particular, to promote sound family values;
(b) to take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines;
(c) to facilitate development;
(d) in accordance with an Act of Parliament, to administer Communal Land and to protect the environment;
(e) to resolve disputes amongst people in their communities in accordance with customary law; and
(f) to exercise any other functions conferred or imposed on them by an Act of Parliament.
(2) Except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over the Communal Land or other areas for which they have been appointed, and over persons within those Communal Lands or areas.
(3) In the performance of their functions, traditional leaders are not subject to the direction or control of any person or authority, except as may be prescribed in an Act of Parliament.
(4) An Act of Parliament must provide for the regulation of the conduct of traditional leaders. (Sec. 282)

Customary Law

English

An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders;
but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)

Customary Law

English

(1) There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.
(2) An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.
(3) So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
(4) Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.
(5) Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).
(6) The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.
(7) An Act of Parliament must provide for—
(a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
(b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs;
(c) the tenure of office of members of the National Council of Chiefs;
(d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs;
(e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
(f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs. (Sec. 285)

Customary Law

English

(1) The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions—
(a) to protect, promote and develop Zimbabwe’s culture and traditions;
(b) to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions;
(c) to protect, promote and advance the interests of traditional leaders;
(d) to consider representations and complaints made to it by traditional leaders;
(e) to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership;
(f) to facilitate the settlement of disputes between and concerning traditional leaders;
(g) to perform any other functions that may be conferred or imposed on it by an Act of Parliament.
(2) An Act of Parliament must ensure that—
(a) the National Council of Chiefs and all provincial assemblies of Chiefs are able to carry out their functions independently and efficiently; and
(b) persons employed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and impartially. (Sec. 286)

Customary Law

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An Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions—
(a) to develop and enforce integrity and ethical conduct on the part of traditional leaders;
(b) to resolve disputes between traditional leaders;
(c) to deal with complaints against traditional leaders. (Sec. 287)

Customary Law

English

In this Constitution— …
“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief; …
“customary law” means the customary law of any section or community of Zimbabwe’s people; …
“traditional leader” means a person appointed as such in terms of section 283; … (Sec. 332)

Women’s Rights

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(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities.
(2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised.
(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)

1

Links to all sites last visited 2 March 2016

2

Chapter 4 on Declaration of Rights.

3

Chapter 4 on Declaration of Rights.