Zimbabwe's Constitution: A Dynamic Document Under Constant Review

The Constitution of Zimbabwe, the country's supreme law, has undergone several iterations since the nation's independence in 1980. The history of Zimbabwe's constitutional development dates back to 1888 when the British South Africa Company (BSAC) acquired exclusive mining rights over the Kingdom from King Lobengula. The constitutional history has been marked by decolonization, independence, and post-cold war periods, with the most recent constitution coming into effect in 2013. This paragraph will explore the evolution of Zimbabwe's constitution and its significance for the nation's governance.

Explore related products

The Fight for Zimbabwe: The History and Legacy of the British Empire’s Attempt to Establish a Colony in the 19th Century

$11.14 $5.42

Zimbabwe's Migrants and South Africa's Border Farms: The Roots of Impermanence (The International African Library)

$16.5 $32.99

Becoming Zimbabwe. A History from the Pre-colonial Period to 2008

$45.16 $47.36

Zimbabwe my home my frustration: Articles of defiance

$3

Colonial Legacies and the Rule of Law in Africa: Ghana, Kenya, Nigeria, South Africa, and Zimbabwe (African Governance)

$42.55 $55.99

Southern Rhodesia. Despatch to the High Commissioner for South Africa, Transmitting Draft Letters Patent Providing for the Constitution of Resposible ... Draft Instruments Connected Therewith ..

$19.95

The 1980 constitution

The most notable amendments include the abolition of seats reserved for the white minority in parliament and the abolition of the office of the prime minister in 1987. The creation of an executive presidency following a forced merger between Mugabe's ZANU and the main opposition Patriotic Front (PF) effectively made Zimbabwe a de facto one-party state and presidential system. These amendments were often politically motivated and aimed at entrenching Mugabe's power.

Constitutional reform attempts

Zimbabwe's constitutional reform efforts have been marked by a history of political exclusion and attempts to maintain control by the ruling government. Prior to the Lancaster House Constitutional Conference in 1978, the Rhodesian government sought to exclude major stakeholders from the process, resulting in two failed reform processes. The first established the Rhodesian Independence Constitution in 1965, which was designed to prevent decolonization and led to a 15-year civil war that culminated in the fall of the settler regime under Ian Smith.

As the Ian Smith regime neared its end in August 1978, the British government took the initiative to invite Zimbabwe's nationalist leaders to the Lancaster House Constitutional Conference, aiming to negotiate the terms of independence and forge a new constitution. Discussions between the British Government, the Rhodesian government, and nationalist movements resulted in the Lancaster House Agreement, a compromise constitution that was signed in December 1979, bringing an end to the civil war and paving the way for independence.

The 1980 constitution, which emerged from the Lancaster House Agreement, established a Westminster-style system with the supremacy of parliament over the executive. However, it preserved two key aspects of the colonial era: the unequal distribution of land ownership between blacks and whites and the maintenance of white dominance. This dynamic provided the impetus for the Mugabe regime to challenge and amend the 1980 charter significantly. From the time it was established until 2005, a total of seventeen amendments were made to the Independence Charter, none of which were put to a referendum or involved popular participation.

In 2000, a proposed constitution drafted by a constitutional convention was defeated in a referendum. It wasn't until 2008, with the power-sharing deal that laid the groundwork for Zimbabwe's government, that constitutional reform gained traction again. The three political parties, ZANU-PF, MDC-T, and MDC-N, negotiated a new proposed constitution following a constitutional outreach program. This new constitution was introduced to Parliament on February 5, 2013, and subsequently approved in a referendum on March 16, 2013. It received parliamentary approval on May 9, 2013, and President Robert Mugabe gave his assent on May 22, 2013, marking a significant step forward in Zimbabwe's constitutional evolution.

The 2013 constitution

In terms of foreign policy, the 2013 Constitution of Zimbabwe outlines that the country must promote regional and pan-African cultural, economic, and political cooperation and integration. The Constitution also highlights the importance of national unity, peace, and stability, with the State taking measures to protect the fundamental rights and freedoms outlined in Chapter 4.

Explore related products

Zimbabwe in Crisis: The International Response and the Space of Silence

$69.99 $130

African Gifts of the Spirit: Pentecostalism & the Rise of Zimbabwean Transnational Religious Movement

$32.95

Southern Rhodesia. Correspondence Relating to the Constitution of Southern Rhodesia

$14.75

Longman Companion to the Formation of the European Empires, 1488-1920 (Longman Companions To History)

$35.71 $46.99

U.D.I: The International Politics of the Rhodesian Rebellion (Princeton Legacy Library)

$182.94

Public Participation in African Constitutionalism (Routledge Global Cooperation Series)

$54.95 $68.99

The National Disability Policy

The Constitution of Zimbabwe is the supreme law of the country. Its history can be traced back to 1888 when the British South Africa Company (BSAC) gained exclusive mining rights over the Kingdom from King Lobengula. The country's constitutional history has been characterised by political exclusion, with the Rhodesian government maintaining absolute control over the process. This resulted in two failed reform processes, one of which produced the Rhodesian Independence Constitution in 1965, which was designed to prevent decolonisation.

In 1978, as the Ian Smith regime neared its end, the British government invited Zimbabwe's nationalist leaders to the Lancaster House Constitutional Conference to negotiate the terms of a new constitution. This resulted in the Lancaster House Agreement, signed in December 1979, which ended the civil war and provided for independence. The independence constitution of 1980, sometimes called the Lancaster Constitution, was the outcome of this agreement.

The 1980 Constitution established a Westminster-style system, with the hallmark of parliamentary supremacy over the executive. However, it preserved two fundamental features of the colonial period: unequal land distribution between blacks and whites and the preservation of white dominance. This led to substantial amendments being made to the 1980 Charter, with seventeen amendments covering various issues made by the Mugabe regime between its establishment and 2005, none of which went through a referendum or popular participation.

A proposed constitution drafted by a constitutional convention was defeated by a referendum in 2000. The structure of the government was instead provided by the 2008 power-sharing deal. A new constitution was eventually approved in a referendum on 16 March 2013 and came into operation on 22 August 2013.

Citizenship laws

The Constitution of Zimbabwe is the supreme law of the country. Its constitutional history can be traced back to 1888 when the British South Africa Company (BSAC) gained exclusive mining rights over the Kingdom from King Lobengula. In 1898, the BSAC violated the terms of the concession, overthrew the king, and established colonial rule.

Zimbabwe's constitutional history has been characterised by a pattern of political exclusion, with the Rhodesian government maintaining absolute control over the process and excluding major stakeholders. This resulted in two failed reform processes, including the Rhodesian Independence Constitution in 1965, which was designed to prevent decolonisation. This led to a 15-year civil war and the fall of the settler regime under Ian Smith.

In 1978, the British government invited Zimbabwe's nationalist leaders to the Lancaster House Constitutional Conference to negotiate the terms of independence and a new constitution. The Lancaster House Agreement was signed in December 1979, ending the civil war and paving the way for independence. The independence constitution of 1980, also known as the Lancaster Constitution, was the result of this process.

Now, onto the citizenship laws.

Zimbabwe's citizenship laws have undergone several changes since the country's independence in 1980. The country's first citizenship legislation was adopted in 1949 while it was still known as Southern Rhodesia. This legislation was suspended during the ten-year period of the Central African Federation with Northern Rhodesia (now Zambia) and Nyasaland (now Malawi) and was replaced in 1963.

The 1979 constitution allowed for dual citizenship, but this was amended in 1983 to prohibit it. The Citizenship of Zimbabwe Act of 1984 eliminated the possibility of dual nationality and required those with other nationalities to renounce them by the end of 1985. This Act also allowed the wives of Zimbabweans and those who had resided in the country for at least five years to register as Zimbabweans. However, it did not grant the foreign husbands of Zimbabwean women the right to remain in the country.

In 1994, two landmark cases, Rattigan v Chief Immigration Officer & Others and Salem v Chief Immigration Officer & Others, were brought by Zimbabwean women challenging the law that did not allow their husbands the right to acquire residency. As a result, the Constitution was amended in 1996 to remove gender discrimination in acquiring nationality. The amendment provided that spouses could be registered on the same grounds as any foreigner, and it changed the basis of acquiring nationality to birth in Zimbabwe.

In 2001, the Citizenship of Zimbabwe Act was amended again to grant women the equal right to pass on their nationality to adopted children. Additionally, the Act provided that those who had claimed to renounce foreign citizenship but had not actually done so would lose their Zimbabwean citizenship if they did not fulfil their claim.

The 2013 Constitution retained the provisions for acquisition and loss from previous legislation. However, it conflicted with the 1984 Citizenship Act, as amended in 2003, regarding the acquisition of nationality. In 2014, a case in the Constitutional Court of Zimbabwe ruled that under the 2013 Constitution, an individual was entitled to dual nationality and unrestricted residence in Zimbabwe.

Frequently asked questions