Malcolm Rivera
The Constitution of Zimbabwe is the supreme law of the country. The history of Zimbabwe's constitutional development can be traced back to 1888, and the country's first constitution was established in 1980. The constitution has been amended several times since its inception, with the most recent revision occurring in 2017. The constitution guarantees the rights and privileges of Zimbabwean citizens, including the right to life and protection by the state. It also outlines the process for acquiring citizenship and the responsibilities of citizens, such as the duty to obey and respect the constitution and its institutions. The constitution also addresses land reform, acknowledging that under colonial domination, the people of Zimbabwe were unjustifiably dispossessed of their land and resources without compensation. The document outlines the process for the compulsory acquisition of agricultural land and the registration of state land ownership.
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What You'll Learn
The constitution outlines the rights and duties of Zimbabwean citizens
The Constitution of Zimbabwe is the supreme law of the country. It outlines the rights and duties of Zimbabwean citizens, with the aim of promoting democratic practice and governance. The constitution recognises that all Zimbabwean citizens are equally entitled to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship.
The rights outlined in the constitution include the right to privacy, the right to work, and the right to academic freedom. Citizens have the right to access information held by the state or any institution or agency of the government, as well as the right to participate in cultural practices and the right to form political parties. The constitution also guarantees the right to free, fair, and regular elections, and the right to make political choices freely.
In addition to these rights, the constitution also outlines certain duties of citizens, including the duty to obey and respect the constitution and its institutions, such as the national flag and anthem. Citizens also have a duty to defend Zimbabwe and its sovereignty.
The history of Zimbabwe's constitutional development dates back to 1888, with the British South Africa Company's involvement. The 1980 constitution, which established a Westminster-style system, was a result of the Lancaster House Agreement and is sometimes called the Lancaster Constitution. This constitution was amended multiple times, and in 2007, a new draft, the Kariba Draft Constitution, was written. The most recent constitution was approved in a referendum in 2013 and came into operation in August of that year.
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It establishes Zimbabwe as a unitary, democratic and sovereign republic
The Constitution of Zimbabwe is the supreme law of the country. The 1980 constitution, which was established through an Act of the British Parliament, set up a Westminster-style system with the hallmark of parliamentary supremacy over the executive. This constitution was designed to end the autocratic and undemocratic rule that prevailed under the Smith regime, but it preserved two fundamental colonial features: unequal land distribution between blacks and whites and the preservation of white dominance.
Over time, the Mugabe regime made substantial amendments to the 1980 Charter, with a total of seventeen amendments made between its establishment and 2005, none of which went through a referendum or popular participation. In 2007, representatives of the ZANU-PF and the two factions of the MDC met and wrote a new draft, the Kariba Draft Constitution, which included a very powerful president with the ability to unilaterally declare a state of emergency, suspend human rights, dissolve parliament, and appoint all public officials.
In 2010, COPAC held public consultations to gather the views of Zimbabweans on the constitution-making process. On July 17, 2012, the first draft of the constitution was released, but several provisions were rejected by President Mugabe and the ZANU-PF. A new proposed constitution was negotiated by the three political parties in Zimbabwe: ZANU-PF, MDC-T, and MDC-N. This constitution was presented to Parliament on February 5, 2013, and subsequently approved in a referendum on March 16, 2013. It came into operation on August 22, 2013, when the President was sworn in after the first elections.
The 2013 Constitution establishes Zimbabwe as a unitary, democratic, and sovereign republic. It is the fundamental law of the country, and any law, practice, custom, or conduct inconsistent with it is invalid. The constitution is binding on every person, natural or juristic, including the State and all executive, legislative, and judicial institutions and agencies of government at every level. It establishes the principles of good governance and respect for certain values and principles, including the equality of all Zimbabwean citizens, who are equally entitled to the rights, privileges, and benefits of citizenship.
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The constitution is the supreme law of Zimbabwe
The Constitution of Zimbabwe is the supreme law of the country. It establishes Zimbabwe as a unitary, democratic, and sovereign republic, and any law, practice, custom, or conduct that is inconsistent with it is invalid. The constitution outlines the rights and duties of Zimbabwean citizens and the principles of good governance that bind the state and its institutions.
The history of Zimbabwe's constitutional development can be traced back to 1888 with the British South Africa Company, but the country's first constitution was established in 1980, following the decline of the Smith regime and the independence of Zimbabwe. This 1980 constitution, sometimes called the Lancaster Constitution, was the result of the 1979 Lancaster House Agreement. It established a Westminster-style system, with the hallmark of parliamentary supremacy over the executive. However, it preserved two fundamental features of the colonial period: the unequal distribution of land ownership between blacks and whites and the preservation of white dominance.
Over time, there were calls for a new constitution to replace the 1980 charter. In 2007, representatives of the country's political parties met and wrote the Kariba Draft Constitution, which included a powerful president with the ability to unilaterally declare a state of emergency, suspend human rights, dissolve parliament, and appoint public officials. This draft was highly contested, and in 2010, public consultations were held to gather the views of Zimbabweans on the constitution-making process. The first draft of the new constitution was released in July 2012 but was rejected by then-President Mugabe and the ZANU-PF party.
After further negotiations, a new proposed constitution was presented to Parliament on February 5, 2013, and subsequently approved in a referendum on March 16, 2013. The new constitution included provisions for a Declaration of Rights and presidential and parliamentary elections. It came into operation on August 22, 2013, when the President was sworn in after the first elections. The 2013 Constitution also addressed land reform, stating that the compulsory acquisition of agricultural land for resettlement must consider the country's history of colonial dispossession and the unjustifiable loss of land and resources without compensation.
The 2013 Constitution of Zimbabwe is a fundamental document that outlines the country's laws, values, and principles. It guides the government and its institutions and protects the rights of its citizens, ensuring that Zimbabwe functions as a democratic and sovereign republic.
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It has been amended to include disability rights
The Constitution of Zimbabwe is the supreme law of the country. The history of Zimbabwe's constitutional development can be traced back to 1888 when the British South Africa Company was involved in the country's affairs. The 1980 constitution established a Westminster-style system, with the hallmark being the supremacy of parliament over the executive. This was designed to end autocratic and undemocratic rule, but it preserved two fundamental features of the colonial period: unequal distribution of land ownership between blacks and whites, and the preservation of white dominance.
The 2013 Constitution of Zimbabwe includes disability rights, with section 56 including disability as one of the prohibited grounds for discrimination. This was an improvement on the previous constitution, which deplored the discrimination of persons with physical and mental disabilities but left out those with intellectual and sensory disabilities. The new constitution also contains a dedicated section on the rights of persons with disabilities in section 83. It states that the state must take appropriate measures to ensure that buildings and amenities to which the public has access are accessible to persons with disabilities. This is important because, without accessibility, people with disabilities are unable to work and visit offices located in such buildings.
The recognition of the rights of persons with disabilities in the 2013 Constitution is a result of the efforts of various organisations and individuals. For example, SAFOD (2013) and UNICEF (2013) demanded respect for the evolving capacities of children with disabilities and their right to develop their skills and preserve their identities. Senator Rejoice Timire and the United Nations Partnership on the Rights of Persons with Disabilities also played a crucial role in drafting the National Disability Policy, which was codified into the Constitution in 2021.
Despite these advancements, Zimbabwe has yet to fully implement the ideals of the Convention on the Rights of Persons with Disabilities (CRPD). This is partly due to limited resources among state-funded institutions for advancing disability issues. Additionally, there is a need for Zimbabwe to adopt the meaning of disability as defined by the CRPD, which includes persons with intellectual and sensory disabilities.
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The constitution was influenced by the British colonial era
The current Constitution of Zimbabwe is the supreme law of the country. It came into operation in 2013, but the country's constitutional development can be traced back to the colonial era.
Zimbabwe, formerly known as Southern Rhodesia and the Republic of Rhodesia, was a British colony. The British South Africa Company (BSAC) gained exclusive mining rights over the territory from King Lobengula in 1888. In 1890, the BSAC, led by Cecil Rhodes, occupied the territory and established colonial rule. The territory was renamed "Rhodesia" in honour of Rhodes, who financed the colonisation project. The colonial administration enacted legislation that deprived the indigenous people of access to the land they had owned for centuries, leading to organised African resistance in what became known as the Anglo-Ndebele War or First Matebele War of 1893. Despite their efforts, the indigenous people were defeated due to the superiority of colonial weaponry and a lack of unity among themselves.
The colony's first formal constitution was drafted in 1899, heavily influenced by British colonial rule. It copied various pieces of legislation directly from that of the Union of South Africa, and Rhodesia was intended to be a shadow colony of the Cape. In 1965, the colonial government declared itself independent as Rhodesia but failed to secure international recognition. After the Lancaster House Agreement of 1979, there was a transition to internationally recognised majority rule in 1980, with the country gaining independence as Zimbabwe. The 1980 constitution, established through an Act of the British Parliament, implemented a Westminster-style system with the supremacy of parliament over the executive. While it aimed to end autocratic and undemocratic rule, it preserved two fundamental features of the colonial period: unequal distribution of land ownership between blacks and whites and the preservation of white dominance.
The 1980 constitution also established an executive President as Head of State and a Prime Minister as Head of Government. However, the constitution was amended in 1986 to eliminate the voter rolls and replace the white seats with nominated members. In 1987, further constitutional changes were made to provide for an Executive President and abolish the office of Prime Minister, with Robert Mugabe becoming president in 1988.
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Frequently asked questions
The Constitution of Zimbabwe is the supreme law of the country. It establishes Zimbabwe as a unitary, democratic, and sovereign republic.
The Constitution of Zimbabwe outlines several key principles, including the respect for the rule of law, good governance, and the protection of fundamental human rights, such as the right to life. It also emphasizes the importance of incorporating international conventions, treaties, and agreements into domestic law.
The history of Zimbabwe's constitutional development can be traced back to 1888. The country's first constitution was established in 1980 after gaining independence from the Smith regime. Since then, there have been several amendments and revisions, with the most recent constitution being implemented in 2013 (revised in 2017).
The 2013 Constitution of Zimbabwe includes provisions related to land reform, citizenship, and the roles of the President and Vice-President. It also addresses the protection of disability rights and the inclusion of all Zimbabwean citizens in the political process.
The Constitution of Zimbabwe is significant as it outlines the rights, privileges, and duties of Zimbabwean citizens. It ensures that all citizens are treated equally before the law and provides a framework for the country's governance, promoting democratic values and principles.
