ZIM CONSTITUTION PDF
PDF generated: 27 Jul , This complete constitution has been generated from excerpts of texts from the repository of the. PDF generated: 26 Sep , This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent. This Act may be cited as the Constitution of Zimbabwe Amendment (No) Act, “existing Constitution" means the Constitution of Zimbabwe that came into.
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The present Constitution of Zimbabwe became fully operational on the 22nd This Bill will amend the Constitution by substituting section , which provides. The Final Draft of the Constitution of Zimbabwe. Download PDF. The Parliamentary Select Committee (COPAC) produced its final draft Constitution for the. ENACTED by the President and the Parliament of Zimbabwe. 1 Short title. This Act may be cited as the Constitution of Zimbabwe Amendment.
In answering the question, a court had to remember that a limitation would not be constitutional if it amounted to the destruction of the right concerned, she said. There was no scope for limiting or prohibiting demonstrations only where appropriate.
The court thus declared the section constitutionally invalid, but suspended the declaration for six months so that changes could be made to the law if the government wished.
What is the upshot of the decision? The two sides bear their own legal costs, and the original case returns to the supreme court to finalise the appeal in which the constitutional question arose.
In theory, the government may continue to use the section for another six months while, again in theory, it decides whether and how to rescue its demonstration-supervision powers from invalidity. But the most significant part of this intriguing decision is the rare glimpse it gives of what a truly independent court may be able to achieve for constitutional democracy — even in Zimbabwe.
In addition, they have failed to lobby for quick alignment of the Disability Persons Act, which views PWDs using the damaging medical and charity models of disability.
Even with the presence of senators with disabilities, the ministry responsible for PWDs received paltry budgets in Kachembere , , and , just like before when Parliament had no senators with disabilities. Similarly, section 4A of the Urban Councils Act implements the CRPD by allowing for the appointment of special councillors, which may bring in councillors with disabilities in local governance appointed by the minister responsible for local government.
Special groups are numerous, meaning the minister may select special councillors based on age, gender; linguistic, ethnic and religious grounds whilst paying no attention to PWDs. Therefore, the Urban Councils Act must be amended to clearly state the number of councillors with disabilities to be appointed amongst the special councillors. Adequate representation of PWDs in both rural and urban councils can go a long way to ensuring that local government policies and service delivery become sensitive to the needs of this disadvantaged group.
In line with this provision, the constitution of Zimbabwe established the Zimbabwe Human Rights Commission ZHRC in terms of section to promote awareness and respect for human rights and freedoms of all human beings, including PWDs. The commission is empowered under section k ii of the constitution to visit and inspect places where PWDs are kept or stay and to inspect the human rights situation in such places.
The capacity of the commission to effectively implement the CRPD, however, remains limited by resource constraints, just like any other grant-aided institution in Zimbabwe.
In , just a year after its operationalisation in , the ZHRC reported limited support from government and high staff turnover caused by uncompetitive remuneration and the failure to honour contractual obligations of timely remittance of wages by the end of the month ZHRC b.
This has seen the implementation of article 28 of the CRPD, which mandates that stakeholders ensure comprehensive social protection mechanisms for PWDs.
Together, the two ministries administer the Basic Education Assistance Module BEAM , which is meant to ensure access to education for vulnerable children, including those with disabilities and those with parents with disabilities.
Important as the scheme has become, it only provides bursaries for students in special schools, as opposed to those in inclusive schools. This is promoting the sending of children with disabilities to special institutions as opposed to the inclusive education system advocated by the CRPD.
Moreover, the scheme is also affected by underfunding, which results in beneficiaries sometimes being sent back home from schools because of unpaid school fees. Without adequate funding for BEAM, many children with disabilities drop out as a result of failure to raise money for fees. Furthermore, the Ministry of Health and Child Welfare provides assistive devices to PWDs, including wheelchairs, spectacles, crutches, artificial limbs for those PWDs in need of them and treatment creams for Albinism conditions.
Like other ministries, the Ministry of Health and Child Welfare is under-resourced and normally fails to adequately provide for these requirements by PWDs. As noted by Eide et al. Against this background, the Ministry of Health has fallen short of the standards under articles 4 and 20 of the CRPD to provide assistive aids and devices to all PWDs in need of them. The government of Zimbabwe also created the Office of the Special Advisor in to advise the President and cabinet on disability issues.
Although questions have been asked regarding its mandate and appointment criterion Mandipa , the office has become a focal point for coordinating disability functions within government. In , the office in conjunction with other stakeholders brought together concerned stakeholders to share information on the relationship between health and disability. The expo provided a platform that has proved to be an avenue for advocacy and raising awareness of challenges and opportunities for implementation of article 8 of the CRPD in Zimbabwe.
Brigadier Muchemwa passed away in , and the office lay idle until the new president of Zimbabwe, Emmerson Mnangagwa, appointed Joshua Teke Malinga in This was an answer to the calls by article 33 of the CRPD for states to create focal points within government for close and effective implementation of disability issues. The government of Zimbabwe also implements the CRPD through research and documentation of disability issues.
Together with the national census of , the studies revealed the various challenges faced by PWDs to participate in socio-economic and political development in society. However, it is concerning to note that the national census of did not bother to reveal the numbers of PWDs, their disability features and geographical location. Consequently, the available statistics on the prevalence of disability are outdated, and from past studies conducted before The failure by the Zimbabwe Statistical Agency to collect up-to-date statistics on disability issues contradicts the spirit of article 31 of the CRPD, which obligates state parties to ensure the collection of appropriate information, including statistical data about PWDs.
In addition, non-prioritisation of disability issues during national censuses makes it difficult for policymakers to get information about this disadvantaged group of society and may result in their marginalisation when it comes to social protection mechanisms.
The government of Zimbabwe also works with Non-Governmental Organisations and state universities to conduct disability research to inform policy formulation and implementation as stated under articles 4 f—g and 31 of the CRPD.
State universities, including the University of Zimbabwe and Midlands State University, have established specialised departments to teach and research disability issues. The centre aspires to be the hub for transferring cutting-edge research and knowledge in special needs education.
Are there country-specific drivers of child marriage in this country?
Through teaching, holding of research conferences and publication of results, the centre implements articles 4 f—g and 31 of the CRPD. On the other hand, Midlands State University through its faculty of law established the Disability Legal Aid Clinic in to advance disability rights. With financial support from university management and the Open Society Initiative of Southern Africa, the legal clinic aspires to become a citadel of disability advocacy and litigation through awareness raising, empirical research and publication of disability issues MSU Website Further, the Faculty of Law at Midlands State University introduced a disability rights module to equip law officers with contours in disability and law discourse Chadenga This is in line with article 13 2 of the CRPD, which calls for effective justice for PWDs through appropriate training for administrative justice personnel, including law officers.
There is no doubt that law graduates from the law school are catalysts for effective disability litigation and advocacy in society. Against this background, this article reviewed the implementation of the CRPD in Zimbabwe, through evaluating the extent to which the Constitution incorporated provisions of the CRPD and the extent to which government ministries addressed the provisions of the Convention on the ground.
Notably, the Constitution is an improvement from the Constitution in terms of disability rights protection. The study also applauds the creation of the ZHRC and the office of special advisor to the president and cabinet on disability for the purpose of advancing human rights issues, including those of PWDs.
Although Zimbabwe has taken de jure steps to realise its CRPD commitments, there are major challenges in terms of realising these commitments de facto. If he is not tried, he is entitled to be released on conditions that he stands trial or appear before a court of law if such release does not prejudice any further court proceedings against him.
The right to fair trial in the Old Constitution Section 18 of the old Constitution guaranteed an accused person the right to fair trial,18 providing that an accused must be afforded a fair hearing before an 19 independent and impartial court within a reasonable time.
Crucially, provision was made for such an accused to be presumed innocent until proven guilty or he pleads guilty. Section 18 3 a of the Constitution. This presumption entails that an accused person who is not yet convicted, is still innocent until proved otherwise by a court of law. Of significance to this discussion are those relating to the presumption of innocence sub sec a and giving adequate time facilities to prepare for a defence sub sec c.
It is however not always the case that whenever an accused, who is presumed innocent is detained, such presumption is violated.
Introduction and background
The interests of justice might demand such pre-trial incarceration especially if it can be shown that releasing him would prejudice the administration of justice. It must be stressed that nowhere in the old Constitution was this authority granted to the State or any of its organs outside the judiciary.
Importantly, the old Constitution implicitly acknowledges that the exercise of the rights to liberty and fair trial should be the norm rather than the exception within the criminal justice system. The criminal justice system must be in sync with this constitutional objective. The bail mechanism in particular is intended to ensure that the criminal justice system give effect to these constitutional values. The constitutional positions illustrated above are not fundamentally different from the critical aspects of criminal justice entrenched in international human rights instruments as well as comparable jurisdictions.
It is necessary therefore to briefly explore the international human rights standards in this area before analysing the extent of departure from the ideal introduced by section However, this right can be limited, albeit in terms of legally established grounds and procedures. These grounds and procedures can be taken to mean legal rules and principles enacted and developed by different criminal justice systems.
An accused person is also entitled to be promptly brought before a court of law. Opendocument accessed on 02 October Article 7 entitles an individual to be tried by a competent tribunal. This right is expanded to include the right to be presumed innocent until proven guilty by a competent court, the right to defence and the right to be tried within a reasonable time. It is imperative to note that these instruments in one way or the other acknowledge that the rights to liberty and fair trial are subject to legitimate limitations.
Bail and the Zimbabwean criminal justice system Despite the old Constitution generally confirming the international position on the rights to liberty and fair trial, the exact extent to which these guarantees are given effect can only be shown through an examination of the Criminal Procedure and Evidence Act and how the provisions relating to bail have been dealt with by the courts.
This part explores these issues. This provision also includes the right to security of the person. The justifiability of these limitations is a thorny issue that have placed the statutory provisions relating to bail under a great deal of scrutiny by the courts.
The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Courts have adopted a liberal attitude in interpreting bail provisions. This attitude leans towards granting bail to an accused person. When is refusal to admit to bail justified?
Section 2 lays down grounds upon which denying an accused person will be deemed to be in the interests of justice.
These grounds form the basic principles of bail and accordingly will be discussed briefly below. Bail is not in the interests of justice if there is likelihood that the accused will not stand trial upon his release. Section A 1 of the Act allows either oral or written bail applications. The risk of abscondment must be real not based on broad unsubstantiated allegations.
See also Aitken supra n at E.
Constitution of Zimbabwe
The state must show that the accused has the means to skip the country, see S v Mahlangu 3 SA C at ; S v Nichas supra at and H. Hungerford-Welch op cit n3 See Aitken supra n66 at E.
Also where an accused had handed himself to police after a lengthy absence from the country. However if it be established that the accused had previously absconded after been admitted to bail, then he is not a suitable candidate for bail. Schedule 1 1 iii to the United Kingdom Bail Act However, it must be emphasised that preventive detention must not be used as a general deterrent since bail must be viewed as non-penal in nature.
It is only upon such justification that the court must deny an accused bail thereby legitimately depriving him of his liberty. Should the prosecution fail to establish these grounds, the court have no option but to admit an accused to bail.However, it is concerning to note that the national census of did not bother to reveal the numbers of PWDs, their disability features and geographical location.
As good as the vision of the CRPD seems to Zimbabwe, its directives require actions that go beyond mere ratification to effective implementation. This was an answer to the calls by article 33 of the CRPD for states to create focal points within government for close and effective implementation of disability issues. The constitution, under section 83, provides for elaborate rights of PWDs. The court thus declared the section constitutionally invalid, but suspended the declaration for six months so that changes could be made to the law if the government wished.
The two sides bear their own legal costs, and the original case returns to the supreme court to finalise the appeal in which the constitutional question arose. However, it must be emphasised that preventive detention must not be used as a general deterrent since bail must be viewed as non-penal in nature. The new Zimbabwean Constitution and Bail Law. What is the government doing to address this at the national level?
Opendocument accessed on 02 October
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