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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Jurisdiction and Access
Zimbabwe
- 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)
Jurisdiction and Access
Zimbabwe
- English(1) The High Court—
…
(c) may decide constitutional matters except those that only the Constitutional Court may decide;
… (Sec. 171)
Jurisdiction and Access
Zimbabwe
- 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 Schedule3; 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)
Obligations of the State
Zimbabwe
- EnglishThe 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)
Obligations of the State
Zimbabwe
- EnglishThe 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)
Obligations of the State
Zimbabwe
- 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
Zimbabwe
- EnglishWe the people of Zimbabwe, …
Reaffirming our commitment to upholding and defending fundamental human rights and freedoms,
... (Preamble)
Obligations of the State
Zimbabwe
- EnglishThis 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 the State
Zimbabwe
- 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 Private Parties
Zimbabwe
- 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)