Zimbabwe is an African landlocked country, sharing a border with South Africa, Botswana, Zambia, and Mozambique. The population of this country is approx 1,68,68,000 with 3,90,757 square kilometers area. Ethnically, 82% of the people are Shona, with several ethnic groups living in Zimbabwe. There are even 1% white Zimbabweans. There are more than 16 official languages, with English being the main language, but in reality 78% of the people speak Shona. Religiously, 84% are Christian, 10% do not believe in any religion, and 5% follow traditional religions.
According to the Zimbabwean constitution, development activities will be taken everywhere, with a balance between urban and rural areas. Local communities must benefit from the resources of their own areas. A minimum of 5% of the annual revenue collected by the state will be allocated to provincial and local governments that year.
These are positive aspects. Now let's discuss the negative aspects.
Article 82 guarantees certain constitutional rights for the elderly. But there, only those who are 70 years of age or older are considered elderly. A person is able to work until the age of 60 years. In most countries in the world, people aged 60 years or older are considered elderly. Will Zimbabweans then have to wait another 10 years for state benefits after reaching the age of 60 years?
Admirable Articles of Zimbabwe's Constitution
13. National development
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.
4. The State must ensure that local communities benefit from the resources in their areas.
25. Protection of the family
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--
● the provision of care and assistance to mothers, fathers and other family members who have charge of children; and
● the prevention of domestic violence.
29. Health services
1. The State must take all practical measures to ensure the provision of basic, accessible and adequate health services throughout Zimbabwe.
2. The State must take appropriate, fair and reasonable measures to ensure that no person is refused emergency medical treatment at any health institution.
3. The State must take all preventive measures within the limits of the resources available to it, including education and public awareness programmes, against the spread of disease.
32. Sporting and recreational facilities
The State must take all practical measures to encourage sporting and recreational activities, including the provision of sporting and recreational facilities for all people.
49. Right to personal liberty (Part of it)
● Every person has the right to personal liberty, which includes the right--
● not to be detained without trial; and
● not to be deprived of their liberty arbitrarily or without just cause.
51. Right to human dignity
Every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected.
53. Freedom from torture or cruel, inhuman or degrading treatment or punishment
No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.
54. Freedom from slavery or servitude
No person may be subjected to slavery or servitude.
58. Freedom of assembly 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.
64. Freedom of profession, trade or occupation
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.
65. Labour rights
1. Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.
2. Except for members of the security services, every person has the right to form and join trade unions and employee or employers' organisations of their choice, and to participate in the lawful activities of those unions and organisations.
3. Except for members of the security services, every employee has the right to participate in collective job action, including the right to strike, sit in, withdraw their labour and to take other similar concerted action, but a law may restrict the exercise of this right in order to maintain essential services.
4. Every employee is entitled to just, equitable and satisfactory conditions of work.
5. Except for members of the security services, every employee, employer, trade union, and employee or employer's organisation has the right to--
a. engage in collective bargaining;
b. organise; and
c. form and join federations of such unions and organisations.
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.
73. Environmental rights
1. Every person has the right--
a. to an environment that is not harmful to their health or well-being; and
b. to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that--
i. prevent pollution and ecological degradation;
ii. promote conservation; and
iii. secure ecologically sustainable development and use of natural resources while promoting economic and social development.
2. 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 rights set out in this section.
77. Right to food and water
Every person has the right to--
● safe, clean and potable water; and
● sufficient food;
and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.
81. Rights of children (Part of it)
● Every child, that is to say every boy and girl under the age of eighteen years, has the right--
● to equal treatment before the law, including the right to be heard;
● to be given a name and family name;
● to the prompt provision of a birth certificate;
● to family or parental care, or to appropriate care when removed from the family environment;
● to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;
● to education, health care services, nutrition and shelter;
● not to be recruited into a militia force or take part in armed conflict or hostilities;
● not to be compelled to take part in any political activity; and
● not to be detained except as a measure of last resort and, if detained--
● to be detained for the shortest appropriate period;
● to be kept separately from detained persons over the age of eighteen years; and
● to be treated in a manner, and kept in conditions, that take account of the child's age.
● A child's best interests are paramount in every matter concerning the child.
● Children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian.
150. Venue of Parliament
Parliament may sit at places other than the ordinary seat of Parliament, but only on grounds of public interest, security or convenience.
186. Tenure of office of judges (Part of it)
● Judges of the Constitutional Court are appointed for a non-renewable term of not more than fifteen years, but--
● they must retire earlier if they reach the age of seventy years; and
● after the completion of their term, they may be appointed as judges of the Supreme Court or the High Court, at their option, if they are eligible for such appointment.
● Judges of the Supreme Court and the High Court hold office from the date of their assumption of office until they reach the age of seventy years, when they must retire.
300. Limits of State borrowings, public debt and State guarantees (Part of it)
● An Act of Parliament must set limits on--
● borrowings by the State;
● the public debt; and
● debts and obligations whose payment or repayment is guaranteed by the State;
301. Allocation of revenues between provincial and local tiers of government
1. An Act of Parliament must provide for--
a. the equitable allocation of capital grants between provincial and metropolitan councils and local authorities; and
b. any other allocations to provinces and local authorities, and any conditions on which those allocations may be made.
2. The Act referred to in subsection (1) must take into account, amongst other factors--
a. the national interest;
b. any provision that must be made in respect of the national debt and other national obligations;
c. the needs and interests of the central government, determined by objective criteria;
d. the need to provide basic services, including educational and health facilities, water, roads, social amenities and electricity to marginalised areas;
e. the fiscal capacity and efficiency of provincial and metropolitan councils and local authorities;
f. developmental and other needs of provincial and metropolitan councils and local authorities; and
g. economic disparities within and between provinces.
3. Not less than five per cent of the national revenues raised in any financial year must be allocated to the provinces and local authorities as their share in that year.
Facts of Zimbabwe's Constitution
Preamble (Part of it)
We the people of Zimbabwe,
Acknowledging the supremacy of Almighty God, in whose hands our future lies,
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.
82. Rights of the elderly
People over the age of seventy years have the right--
● to receive reasonable care and assistance from their families and the State;
● to receive health care and medical assistance from the State; and
● to receive financial support by way of social security and welfare;
and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.
120. Composition of Senate (Part of it)
● The Senate consists of eighty Senators, of whom--
○ six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
○ 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;
○ the President and Deputy President of the National Council of Chiefs; and
● 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--
○ in which male and female candidates are listed alternately, every list being headed by a female candidate.
162. Judicial authority
Judicial authority derives from the people of Zimbabwe and is vested in the courts, which comprise--
● the Constitutional Court;
● the Supreme Court;
● the High Court;
● the Labour Court;
● the Administrative Court;
● the magistrates courts;
● the customary law courts; and
● other courts established by or under an Act of Parliament.
180. Appointment of judges (Part of it)
● The Chief Justice, the Deputy Chief Justice, and the Judge President of the High Court and all other judges are appointed by the President in accordance with this section.
● The Chief Justice, the Deputy Chief Justice, and the Judge President of the High Court shall be appointed by the President after consultation with the Judicial Service Commission.
282. Functions of traditional leaders (Part of it)
● Traditional leaders have the following functions within their areas of jurisdiction--
● in accordance with an Act of Parliament, to administer Communal Land and to protect the environment;
● to resolve disputes amongst people in their communities in accordance with customary law; and
● to exercise any other functions conferred or imposed on them by an Act of Parliament.
● 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.
● 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.
● An Act of Parliament must provide for the regulation of the conduct of traditional leaders.
283. Appointment and removal of traditional leaders (Part of it)
An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned--
● the appointment, suspension, succession and removal of traditional leaders;
● the creation and resuscitation of chieftainships; and
● the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but--
● 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;
● 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;
284. Remuneration and benefits of traditional leaders
1. An Act of Parliament must provide for the remuneration and benefits of traditional leaders to be fixed with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for traditional leaders.
2. The remuneration of a traditional leader must be charged upon and paid out of the Consolidated Revenue Fund.
3. The remuneration of a traditional leader must not be reduced while he or she holds or acts in the office concerned.
285. National Council and provincial assemblies of Chiefs (Part of it)
● There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all chiefs in Zimbabwe.
● 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.
● So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
● An Act of Parliament must provide for--
● the election of chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
● the tenure of office of members of the National Council of Chiefs;
