Zimbabwe

We the people of Zimbabwe, …
Reaffirming our commitment to upholding and defending fundamental human rights and freedoms,
... (Preamble)

(1) Zimbabwe is founded on respect for the following values and principles—
…
(c) fundamental human rights and freedoms;
… (Sec. 3)

The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4⁵ and to promote their full realisation and fulfilment. (Sec. 11)

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter⁶. (Sec. 44)

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

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)

…
(2) All Zimbabwean citizens are equally entitled to the rights, privileges and benefits of citizenship and are equally subject to the duties and obligations of citizenship.
… (Sec. 35)

The State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter⁷. (Sec. 44)

…
(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)

(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)

(1) When interpreting this Chapter⁸, 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)

(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)

(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)

The following are the independent Commissions—
…
(b) the Zimbabwe Human Rights Commission;
… (Sec. 232)

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)

(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)