Zimbabwe Constitution Order 1979
| Jurisdiction | UK Non-devolved |
| Citation | SI 1979/1600 |
| Year | 1979 |
1979 No. 1600
SOUTHERN RHODESIA
The Zimbabwe Constitution Order 19796thDecember 1979
7thDecember 1979
At the Court at Buckingham Palace, the 6th day of December 1979
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 1 of the Southern Rhodesia Act 1979(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1.—(1) This Order may be cited as the Zimbabwe Constitution Order 1979.
(2) This Order shall come into operation on the day on which, in accordance with such provision in that behalf as may be made by Act of Parliament, Southern Rhodesia becomes independent as a Republic under the name of Zimbabwe.
2.—(1) Subject to such transitional provision as is made by Order in Council under section 1 of the Southern Rhodesia Act 1979, the Constitution set out in the Schedule to this Order shall come into effect in Zimbabwe on the coming into operation of this Order.
(2) This section is without prejudice to any provision that Her Majesty may by Order in Council make under section 2 of that Act for bringing particular provisions of that Constitution into force before the coming into operation of this Order.
N. E. Leigh, Clerk of the Privy Council.
(a) 1979 c. 52.
Section 2
SCHEDULE
THE CONSTITUTION OF ZIMBABWE
ARRANGEMENT OF SECTIONS
CHAPTER I
THE REPUBLIC AND THE CONSTITUTION
Section
1. The Republic.
2. Public seal.
3. Supreme law.
CHAPTER II
CITIZENSHIP
4. Citizens of Zimbabwe on Independence.
5. Citizenship by birth.
6. Citizenship by descent.
7. Citizenship by registration.
8. Dual citizenship.
9. Powers of Parliament in relation to citizenship.
10. Interpretation.
CHAPTER III
THE DECLARATION OF RIGHTS
11. Fundamental rights and freedoms of the individual.
12. Protection of right to life.
13. Protection of right to personal liberty.
14. Protection from slavery and forced labour.
15. Protection from inhuman treatment.
16. Protection from deprivation of property.
17. Protection from arbitrary search or entry.
18. Provisions to secure protection of law.
19. Protection of freedom of conscience.
20. Protection of freedom of expression.
21. Protection of freedom of assembly and association.
22. Protection of freedom of movement.
23. Protection from discrimination on the grounds of race, etc.
24. Enforcement of protective provisions.
25. Savings in the event of public emergencies.
26. Interpretation and other savings.
CHAPTER IV
THE PRESIDENT
27. The President.
28. Election of President.
29. Tenure of office of President.
30. Acting President.
31. Remuneration of President and Acting President.
CHAPTER V
PARLIAMENT
PART 1
Section
Parliament
32. Parliament.
PART 2
The Senate
33. Composition of Senate.
34. Election of President and Deputy President of Senate.
35. Tenure of office of President and Deputy President of Senate.
36. Senate Legal Committee.
37. Functions of Senate Legal Committee.
PART 3
The House of Assembly
38. Composition of House of Assembly.
39. Election of Speaker and Deputy Speaker.
40. Tenure of office of Speaker and Deputy Speaker.
PART 4
Senate and House of Assembly
41. Tenure of seats of members.
42. Members sentenced to death or to imprisonment.
43. Expulsion or suspension of members convicted of certain offences.
44. Oath of loyalty.
45. Remuneration of President of Senate and Speaker.
46. President may address Parliament.
47. Ministers and Deputy Ministers in Parliament.
48. Secretary to Parliament and other staff thereof.
49. Privileges of Parliament and members and officers thereof.
PART 5
Powers and Procedure
50. Legislative powers.
51. Mode of exercising legislative powers.
52. Alteration of the Constitution.
53. Enrolment of Acts.
54. Quorum.
55. Validity of proceedings.
56. Voting.
57. Standing Orders.
PART 6
Elections and Sessions
58. Elections.
59. Delimitation Commission.
60. Delimitation of constituencies.
61. Electoral Supervisory Commission.
62. Sessions.
63. Prorogation or dissolution.
CHAPTER VI
THE EXECUTIVE
Section
64. Executive authority vested in President.
65. Executive powers.
66. Exercise of functions of President.
67. Prerogative of mercy.
68. Public emergencies.
69. Ministers and Deputy Ministers.
70. Tenure of office of Ministers and Deputy Ministers.
71. Acting Prime Minister.
72. Cabinet.
CHAPTER VII
THE PUBLIC SERVICE AND THE PRISON SERVICE
73. Public Service and Prison Service.
74. Public Service Commission.
75. Functions of Public Service Commission.
76. Attorney-General.
77. Secretaries of Ministries, etc.
78. Principal representatives of Zimbabwe abroad.
CHAPTER VIII
THE JUDICATURE
79. High Court and Chief Justice.
80. Appellate Division.
81. General Division and criminal jurisdiction of other courts.
82. Qualifications of judges.
83. Oath of office.
84. Appointment of judges.
85. Acting judges.
86. Tenure of office of judges.
87. Removal of judges from office.
88. Remuneration of judges.
89. Law to be administered.
90. Judicial Service Commission.
91. Functions of Judicial Service Commission.
92. Persons presiding over special courts.
CHAPTER IX
THE POLICE FORCE
93. Police Force and Commissioner of Police.
94. Members of Police Force.
95. Police Service Commission.
96. Functions of Police Service Commission.
CHAPTER X
THE DEFENCE FORCES
Section
97. Defence Forces and Commanders thereof.
98. Members of Defence Forces.
99. Defence Forces Service Commission.
100. Functions of Defence Forces Service Commission.
CHAPTER XI
FINANCE
101. Consolidated Revenue Fund.
102. Withdrawals from Consolidated Revenue Fund or other public fund.
103. Authorization of expenditure from Consolidated Revenue Fund.
104. Public debt.
105. Comptroller and Auditor-General.
106. Functions of Comptroller and Auditor-General.
CHAPTER XII
MISCELLANEOUS PROVISIONS
PART 1
General
107. Ombudsman.
108. Functions of Ombudsman.
109. General provisions as to Commissions, etc.
110. Tenure of office of certain persons.
111. Chiefs and Councils of Chiefs.
112. Pensions.
PART 2
Interpretation
113. Interpretation.
114. Supplementary provisions.
SCHEDULE 1
OATHS AND AFFIRMATIONS
SCHEDULE 2
SAVINGS IN THE EVENT OF PUBLIC EMERGENCIES
SCHEDULE 3
QUALIFICATIONS FOR SENATORS,
MEMBERS OF THE HOUSE OF ASSEMBLY AND VOTERS
SCHEDULE 4
PROCEDURE WITH REGARD TO BILLS
AND OTHER MATTERS IN PARLIAMENT
SCHEDULE 5
PROVISIONS REFERRED TO IN SECTION 52(4)(a)
SCHEDULE 6
PENSIONS
THE CONSTITUTION OF ZIMBABWE
CHAPTER I
THE REPUBLIC AND THE CONSTITUTION
The Republic.
1. Zimbabwe is a sovereign republic.
Public seal.
2. There shall be a public seal of Zimbabwe, showing the coat of arms of Zimbabwe with the inscription "Zimbabwe", which shall be kept by the President.
Supreme law.
3. This Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.
CHAPTER II
CITIZENSHIP
Citizens of Zimbabwe on Independence.
4. A person who, immediately before the appointed day, was or was deemed to be a citizen by birth, descent or registration shall, on and after that day, be a citizen of Zimbabwe by birth, descent or registration, as the case may be.
Citizenship by birth.
5.—(1) A person born in Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth unless—
(a) at the time of his birth, his father—
(i) possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and
(ii) is not a citizen of Zimbabwe;
or
(b) at the time of his birth—
(i) his father is an enemy alien; and
(ii) his mother is interned in a place set aside for the internment of enemy aliens or the birth occurs in a place then under occupation by the enemy;
or
(c) at the time of his birth, his father or, in the case of an illegitimate child, his mother is residing in Zimbabwe in contravention of the provisions of any law:
Provided that, if subsequent to his birth his father or mother, as the case may be, is accepted for permanent residence in Zimbabwe under any law in force in Zimbabwe, he shall be a citizen of Zimbabwe by birth; or
(d) at the time of his birth, his father or, in the case of an illegitimate child, his mother is—
(i) not a citizen of Zimbabwe; and
(ii) not ordinarily resident in Zimbabwe.
(2) A person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth if—
(a) his father or, in the case of an illegitimate child, his mother is at the time of his birth—
(i) a citizen of Zimbabwe and resident outside Zimbabwe by reason of the service of his father or his mother, as the case may be, under the Government; or
(ii) lawfully ordinarily resident in Zimbabwe,
and
(b) his birth is registered in accordance with the law relating to the registration of births.
Citizenship by descent.
6. Save as is otherwise provided by section 5(2), a person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by descent if—
(a) his father or, in the case of an illegitimate child, his mother is at the time of his birth a citizen of Zimbabwe otherwise than by descent; and
(b) his birth is registered in accordance with the law relating to the registration of births.
Citizenship by registration.
7.—(1) Any person who, immediately before the appointed day, possessed such qualifications prescribed by the law then in force relating to citizenship as would have entitled the Minister as defined in that law, upon application duly made and subject to the applicant satisfying the Minister as to certain matters, to authorize his registration as a citizen shall be entitled—
(a) upon making application at any time during the period of five years from the appointed day in such manner as may be prescribed by or under an Act of Parliament; and
(b) after satisfying the Minister for the time being responsible for citizenship as to those matters,
to be registered as a citizen of Zimbabwe.
(2) Any woman...
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