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From Roach Busters
In the Name of God. Amen.
- In the faith that the One Eternal God is the source of all
- authority, wisdom, justice and morality,
- and in humble acknowledgement that we and all mankind are
- subject to His Laws;
- We, the people of Zimbezia
- do hereby adopt, enact and give to ourselves this
- Constitution.
CHAPTER I
THE REPUBLIC
Establishment of Republic
1. (1) Zimbezia is a sovereign Republic.
(2) The Republic of Zimbezia shall be a multiparty democratic state.
(3) The economy of Zimbezia shall be based on private, communal and tribal ownership and free enterprise.
Public Seal
2. (1) There shall be a Public Seal of Zimbezia showing the coat of arms of Zimbezia with the inscription “Republic of Zimbezia.”
(2) The Public Seal of Zimbezia shall be kept by the State President and used for sealing all things whatsoever that shall pass the Public Seal of Zimbezia.
Seat of Government
3. Germiston shall be the seat of Government of the Republic in all its activities.
Languages
4. English, Afrikaans and Swahili shall be the official languages of Zimbezia.
Supremacy of Constitution
5. (1) This Constitution shall be the supreme law of Zimbezia.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
CHAPTER II
NATIONAL FLAG AND ANTHEM
National Flag of Republic
6. There shall be a National Flag of the Republic of which the design shall be as set out in section 7.
Design of National Flag
7. The National Flag of Zimbezia shall be rectangular in the proportion of three in the length to two in the width, tierced per bend reversed, black, white and green; the white bend reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. In the upper hoist there shall be a red sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.
National Anthem
8. The National Anthem of the Republic shall be “Mungu Atetee Zimbezia”.
CHAPTER III
DECLARATION OF RIGHTS
Fundamental rights and freedoms of the individual
9. Whereas every person in Zimbezia is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely —
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
10. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law in force in Zimbezia of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable —
(a) for the defense of any person from violence or for the defense of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.
(3) Abortion is unlawful but may be allowed —
(a) on medical or therapeutic grounds including where a doctor certifies that —
(i) continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
(ii) continued pregnancy will constitute a serious threat to the mental health of the woman;
(iii) there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped; or
(b) where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female.
Protection of right to personal liberty
11. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say —
(a) in execution of the sentence or order of a court, whether established for Zimbezia or some other country, in respect of a criminal offense of which he has been convicted;
(b) in execution of the order of a court of record punishing him for contempt of that or another court;
(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in Zimbezia;
(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of 18 years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Zimbezia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Zimbezia, or for the purpose of restricting that person while he is being conveyed through Zimbezia in the course of his extradition or removal as a convicted prisoner from one country to another;
(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Zimbezia or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Zimbezia in which, in consequence of any such order, his presence would otherwise be unlawful; or
(k) for the purpose of ensuring the safety of aircraft in flight.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained —
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in Zimbezia, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
Protection from slavery and forced labor
12. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this section, the expression “forced labor” does not include —
(a) any labor required in consequence of the sentence or order of a court;
(b) labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that that person is required by law to perform in place of such service;
(d) any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
13. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the country immediately before the coming into operation of this Constitution.
Protection from deprivation of property
14. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say —
(a) the taking of possession or acquisition is necessary or expedient —
(i) in the interests of defense, public safety, public order, public morality, public health, town and country planning or land settlement;
(ii) in order to secure the development or utilization of that, or other, property for a purpose beneficial to the community; or
(iii) in order to secure the development or utilization of the mineral resources of Zimbezia; and
(b) provision is made by a law applicable to that taking of possession or acquisition —
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation.
(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Zimbezia.
(3) Subsection (1)(b)(i) of this section shall be deemed to be satisfied in relation to any law applicable to the taking of possession of minerals or the acquisition of rights to minerals if that law makes provision for the payment at reasonable intervals of adequate royalties.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that the law in question authorizes —
(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or
(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section —
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property —
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of the law whether under civil process or after conviction of a criminal offense under the law in force in Zimbezia;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of —
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of 18 years, a prodigal, or a person who is absent from Zimbezia, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court, or by order of a court, for the purpose of giving effect to the trust.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by Parliament.
Protection for privacy of home and other property
15. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources, for the purpose of any census or in order to secure the development or utilization of any property for a purpose beneficial to the community;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that authorizes an officer or agent of the Government of Zimbezia, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or
(d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Provisions to secure protection of law
16. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.
(2) Every person who is charged with a criminal offense —
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
(c) shall be given adequate time and facilities for the preparation of his defense;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offense, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is severer in degree or description than the maximum penalty that might have been imposed for that offense at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offense if he shows that he has been pardoned for that offense.
(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
(8) No person shall be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law:
Provided that nothing in this subsection shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty therefor is not so prescribed.
(9) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognized by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority —
(a) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings; or
(b) may be empowered by law to do so in the interests of defense, public safety, public order, public morality, the welfare of persons under the age of 18 years or the protection of the private lives of persons concerned in the proceedings.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of —
(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
(b) subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offense under customary law (being proceedings against any person who, under that law, is subject to that law);
(c) subsection (2)(c) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(d) subsection (5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law;
(e) subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offense under any customary law to which, by virtue of that law, such person is subject.
(13) In the case of any person who is held in lawful detention, the provisions of subsection (1), subsection (2)(d) and (e) and subsection (3) of this section shall not apply in relation to his trial for a criminal offense under the law regulating the discipline of persons held in such detention.
(14) In this section “criminal offense” means a criminal offense under the law in force in Zimbezia.
Protection of freedom of conscience
17. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(3) Except with his own consent (or, if he is a minor, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required —
(a) in the interests of defense, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of expression and the press
18. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or
(c) that imposes restrictions upon public officers or members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of assembly and association
19. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that imposes restrictions upon public officers or members of a disciplined force; or
(d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom to establish schools
20. (1) No religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and maintaining schools at its own expense.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding subsection to the extent that the law in question makes provision–
(a) in the interests of defense, public safety, public order, public morality or public health; or
(b) for regulating such schools in the interests of persons receiving instruction therein, except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) No person shall be prevented from sending his child (including a person of whom he is the guardian) to any such school by reason only that the school is not a school established or maintained by the Government.
Prohibition of deportation
21. (1) Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law.
(2) No person shall be extradited for an offense of a political character.
(3) No citizen of Zimbezia shall be removed from Zimbezia except as a result of extradition proceedings or under any such law as is referred to in section 22(3)(b).
Protection of freedom of movement
22. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Zimbezia, the right to reside in any part of Zimbezia, the right to enter Zimbezia and immunity from expulsion from Zimbezia.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) for the imposition of restrictions that are reasonably required in the interests of defense, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in Zimbezia and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society;
(b) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Zimbezia;
(c) for the imposition of restrictions upon the movement or residence within Zimbezia of public officers or members of a disciplined force; or
(d) for the removal of a person from Zimbezia to be tried outside Zimbezia for a criminal offense or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law in force in Zimbezia of which he has been convicted.
(4) If any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(a) of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in Zimbezia, appointed by the Chief Justice.
(5) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Protection from discrimination on the grounds of race, etc.
23. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision —
(a) for the appropriation of public revenues or other public funds of Zimbezia;
(b) with respect to persons who are not citizens of Zimbezia;
(c) for the application, in the case of persons of any such description as is mentioned in the last preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description; or
(d) for the application in the case of members of a particular race, community or tribe of customary law with respect to any matter whether to the exclusion of any law in respect to that matter which is applicable in the case of other persons or not.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that –
(a) it requires a person to belong to Gibraltar or to possess any other qualification (not being a qualification specifically relating to race, tribe, sex, place of origin, political opinions, color or creed) in order to be eligible for appointment to any office in the public service or in a disciplined force or in the service of a local government authority or in a body corporate established by law for public purposes; or
(b) it makes reasonable provision for ensuring that persons holding office as aforesaid and giving instruction in schools maintained by the Government of Zimbezia and attended wholly or mainly by pupils of a particular religious community or denomination are acceptable on moral and religious grounds to that religious community or denomination, or to the authorities of that community or denomination.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 15, 17, 18, 19, 20 and 22 of this Constitution, being such a restriction as is authorized by section 15(2), 17(5), 18(2), 19(2), 20(2) or 22(3) of this Constitution, as the case may be.
(8) Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Right to equality before the law and the equal protection of the law
24. Every person shall be entitled to equality before the law and to the equal protection of the law.
Right to participate in government
25. (1) Every citizen of Zimbezia shall enjoy the right —
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote or to stand for election at periodic elections under this Constitution under a system of universal and equal suffrage and secret ballot; and
(c) to have access, on general terms of equality, to the public service.
(2) The rights referred to in subsection (1) shall be subject to the other provisions of this Constitution.
Human rights and freedoms additional to other rights
26. The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.
Derogation from fundamental rights and freedoms
27. (1) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of sections 9 to 26 of this Constitution to the extent that the law authorizes the taking during any period when Zimbezia is at war or any period when a declaration under section 28 of this Constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period.
(2) Where a person is detained by virtue of such an authorization as is referred to in subsection (1) of this section the following provisions shall apply —
(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in Zimbezia, appointed by the Chief Justice; and
(d) he shall be afforded reasonable facilities to consult and instruct a legal representative and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations, concerning the necessity or expediency of continuing his detention, to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(4) Nothing contained in this section shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in sections 10, 12(1), 13, 16(9), and 29(1).
Declaration of emergency
28. (1) Whenever in the opinion of the State President a state of public emergency is imminent or has commenced, the State President may, at any time, by proclamation which shall be published in the Gazette, declare that—
(a) a state of public emergency exists either in any part, or in the whole of Zimbezia; or
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of Zimbezia.
(2) The State President may issue a proclamation of a state of public emergency only when —
(a) Zimbezia is at war;
(b) Zimbezia is in imminent danger of invasion or involvement in a state of war; or
(c) there is actual breakdown of public order and public safety in the whole of Zimbezia or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Zimbezia or any part thereof requiring extraordinary measures to avert the same; or
(e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Zimbezia; or
(f) there is any other public danger which clearly constitutes a threat to the existence of Zimbezia.
(3) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect —
(a) in the case of a declaration made when the House of Assembly is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the decision is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly:
Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly.
(4) Where a declaration in terms of subsection (1) —
(a) is not approved by a resolution approved by the House of Assembly in pursuance of the provisions of subsection (3), the State President shall forthwith after the House of Assembly has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (3), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Assembly in pursuance of the provisions of subsection (3), such declaration shall, subject to the provisions of subsections (5) and (6), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:
Provided that, where the House of Assembly has in the resolution in pursuance of the provisions of subsection (3) specified that such declaration shall continue in force for a period of less than twelve months, the State President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (5), be revoked at the expiration of the period specified in the resolution.
(5) If the House of Assembly resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the State President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.
(6) The House of Assembly may at any time resolve that a declaration in force under this section should be revoked and the State President shall forthwith, by proclamation published in the Gazette, revoke such declaration.
(7) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.
(8) For the purposes of this section the House of Assembly shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Assembly first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Assembly next adjourns in pursuance of a resolution the purpose of which is that the House of Assembly shall stand adjourned for more than thirty days or on the day the House of Assembly is dissolved or prorogued, whichever is the sooner.
Enforcement of protective provisions
29. (1) Subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 9 to 26 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction —
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; or
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 9 to 26 (inclusive) of this Constitution.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 9 to 26 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) The Legislature may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(5) Rules of court making provision with respect to the practice and procedure of the High Court for the purposes of this section may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally.
Interpretation and savings
30. (1) In this Chapter, unless the context otherwise requires —
“child” includes a stepchild and a child adopted in a manner recognized by law;
“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
“court” means any court of law having jurisdiction in Zimbezia other than a court established by a disciplinary law, and in sections 10 and 12 of this Constitution a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means —
(a) a naval, military or air force;
(b) a police force; or
(c) a prison service;
“legal representative” means a person entitled to practice in Zimbezia as an advocate or attorney;
“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2) In relation to any person who is a member of a disciplined force raised under an Act of the Legislature, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 10, 12 and 13.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Zimbezia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
CHAPTER IV
HEAD OF STATE
The State President
31. There shall be a State President of Zimbezia who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the State President by this Constitution and any other written law.
Election of State President
32. (1) The State President shall be directly elected, as hereinafter provided, by general suffrage of persons who are registered as voters as contemplated by section 35(3) of this Constitution.
(2) The election of a State President shall take place on a date which, subject to the provisions of section 33 or 34 —
(a) except in the circumstances referred to in paragraph (b) or (c) of this subsection, shall not be later than one month or earlier than two months before the expiration of the term of office of the serving State President;
(b) in the case where the election of a State President is necessitated by reason of the fact that the office of State President has become vacant because the incumbent thereof had died or due to his removal from office in terms of section 38, shall not be earlier than two and not later than three months as from the date upon which such a vacancy first arose;
(c) in the case where an incumbent of the office of State President has lodged his written resignation with the Chief Justice in terms of section 37 shall not be earlier than two and not later than three months as from the date of such lodgement.
(3) Whenever in terms of this Constitution the election of a State President has to take place, the Speaker shall, by notice in the Gazette and in at least one newspaper circulating in each province —
(a) proclaim such election and determine a date, time and place upon and at which a nomination court shall sit for the purpose of dealing with nominations lodged or received in respect of persons proposed as candidates for such election in terms of section 33:
Provided that the day so determined shall not be earlier than thirty days after the date of such a notice; and
(b) make known the procedure prescribed in section 33(1) in relation to nominations; and
(c) call upon persons who are qualified to be registered as voters, to register themselves as voters, not later than the date specified in such notice, which date shall not be earlier than thirty days after the date of such notice, and upon the date so specified, such registration shall be suspended.
(4) No person may be nominated for or be elected as State President unless —
(a) he is a citizen of Zimbezia by birth or descent;
(b) he is of or above the age of forty-five years;
(c) he is qualified to be elected as a member of the House of Assembly;
(d) he satisfies the nomination court that he is a person of integrity, good character and reputation; and
(e) he has been domiciled in Zimbezia for a period of at least fifteen years.
(5) Any person holding any public office in respect of which he receives any remuneration or allowance out of public funds, who is elected as State President, shall not hold such office during his term as State President:
Provided that a chief or headman so elected, shall retain his title as chief or headman.
Nomination procedure
33. (1) No person shall become a candidate for election to the office of the State President unless —
(a) he has been duly proposed as such a candidate in a nomination paper —
(i) signed by the chairman and the secretary of or at the national congress or meeting of a political party, association of persons, organization or body which is a registered political party in terms of the Electoral Act, 1999 (Act 21 of 1979), in the case where such a person has been designated by such congress or meeting as the official candidate of such registered political party; or
(ii) which, where the person so proposed is not a person who has been designated as the official candidate of a registered political party as contemplated by subparagraph (i), shall be signed by two persons registered as voters in terms of the Electoral Act, 1999, and be accompanied by a list or lists containing the names and signatures of at least one thousand persons so registered as voters, who support the nomination of the person so proposed, each one of such signatures which shall have been authenticated by a commissioner of oaths or a justice of the peace after sufficient proof of identity had been submitted to him; and
(iii) in which the proposed candidate, under his signature, conveys that he consents to the nomination;
(b) such nomination paper, accompanied by documentary proof in regard to the matters referred to in section 32(4), and, where applicable, also by the list or lists contemplated by paragraph (a)(ii) of this subsection, is lodged with the Registrar of the High Court, who shall be the secretary of the nomination court, not later than seven days prior to the date determined in terms of section 32(3), or is received by the nomination court on the date so determined; and
(c) the nomination court has, in terms of subsection (4) of this section, declared the proposed candidate to be duly nominated.
(2) A nomination court under the chairmanship of a judge of the General Division of the High Court shall sit on the day determined by notice in terms of section 32(3) and, where applicable, on any day to which the proceedings have been adjourned in terms of subsection (6) of this section, for the purpose of considering the nominations of candidates for election to the office of State President, and in relation to such nominations, to exercise and perform such powers, functions and duties as hereinafter provided.
(3) The nomination court shall reject —
(a) the nomination of any person in respect of whom it has not been proved to the satisfaction of such court, that he is qualified in terms of section 32(4); and
(b) any nomination in respect of which the requirements of subsection (1)(a) and (b) have not been complied with,
and shall accept the nomination of any proposed candidate whose nomination has not been so rejected.
(4) Where the nomination court has, in terms of subsection (3) of this section, accepted the nomination —
(a) of only one proposed candidate, the nomination court shall declare such candidate to be duly nominated, in which event he shall be deemed to have been elected to the office of State President unopposed;
(b) of two or more candidates, the nomination court shall declare to be duly nominated every such candidate who has, before termination of the proceedings before the court, deposited with the secretary of that court an amount of five thousand dollars, whether in cash or by way of banker's check, and if —
(i) only one of the proposed candidates is declared to be duly nominated in terms of the preceding provisions of this paragraph, the provisions of paragraph (a) of this subsection shall mutatis mutandis apply, whereupon the amount so deposited shall forthwith be refunded to him; or
(ii) any two or more or all of the proposed candidates are so declared to be duly nominated, a poll shall be held in respect of them in accordance with the provisions of section 35.
(5) (a) A proposed candidate may withdraw his consent to nomination at any time before the termination of the proceedings before the nomination court by lodging with the chairman of that court a notice of such a withdrawal under his signature, whereupon the nomination of such candidate shall lapse.
(b) No candidate may withdraw his candidature at any time after he has been declared duly nominated by the nomination court in terms of subsection (4), and any candidate who purports to do so shall remain capable of being elected State President.
(6) If, on the day determined by notice in terms of section 32(3) —
(a) none of the proposed candidates has been declared to be duly nominated in terms of subsection (4) of this section or there are no nominations before the nomination court for its consideration, the nomination court shall adjourn the proceedings to a date fourteen days thence for the purpose of receiving proper or further nominations (as the case may be) on such date and shall, where circumstances so require, further adjourn the proceedings for such a period, until such time as it has, within the contemplation of subsection (4) of this section, declared any proposed candidate to be duly nominated;
(b) the nomination court is satisfied that a proposed candidate had died after a nomination paper had been lodged in respect of him in accordance with the provisions of sub-paragraph (ii) of subsection (1)(b) of this section, and that the nomination of such candidate would have been accepted by such court in terms of subsection (3) of this section had such candidate not died, such court, on the application of the signatories of such nomination paper or the voters represented by them, shall adjourn the proceedings before such court to a date twenty-one days thence for the purpose of enabling the applicants to tender to such court on such date a nomination paper and such other documents as may be required by this section in relation to the nomination of candidates.
Procedure where duly nominated candidate dies
34. (1) Where a candidate referred to in section 33(4)(b)(ii) dies before the commencement of the polling period, the signatories of the nomination paper in respect of him shall forthwith notify the secretary of the nomination court of the death of such candidate, and furnish the necessary proof thereof, whereupon the further proceedings in relation to the election shall be suspended for a period of twenty-one days, subject to the provisions of this section, so as to enable such signatories or the voters represented by them to nominate another candidate, and for that purpose to tender to the nomination court, on a date twenty-one days as from the day of such death, a nomination paper and such other documents as may be required by section 33 in relation to the nomination of candidates.
(2) The secretary of the nomination court shall, upon receipt of a notification in terms of subsection (1), forthwith inform the Speaker accordingly, whereupon the Speaker shall, by publication in the Gazette and in at least one newspaper circling in each province —
(a) give notice of the death of the candidate concerned, and that further proceedings in relation to the election are suspended until the expiration of the period of twenty-one days, as contemplated by subsection (1);
(b) specify the date, contemplated by subsection (1), upon which, and at the time and place at which, the signatories or voters referred to in that subsection shall be entitled to propose the nomination of an alternative candidate before the nomination court; and
(c) withdraw any notice which may have been published, in terms of section 35(1)(b), in relation to the poll at which the deceased would have been a candidate had he not died before the commencement of the polling period determined in the later notice.
(3) If, on the day specified in terms of subsection (2) of this section —
(a) the nomination court has received a nomination in respect of an alternative candidate as contemplated by subsection (1) of this section, the nomination court shall consider and reject or accept such nomination (as the case may be) mutatis mutandis in accordance with the provisions of subsection (3) of section 33, and shall, where it has accepted such nomination and such alternative candidate has deposited an amount of five thousand dollars mutatis mutandis in accordance with the provisions of section 33(4)(b), declare such alternative candidate to be duly nominated, in which event a poll shall be held, in accordance with the provisions of section 35, in respect of the said alternative candidate and such of the candidates referred to 33(4)(b)(ii) as remain (hereinafter referred to as the surviving candidates) after the death of the deceased candidate; or
(b) the nomination court has not received a nomination in respect of an alternative candidate or the alternative candidate proposed has not been declared to be duly nominated, and —
(i) there is only one surviving candidate, such surviving candidate shall be deemed to have been elected to the office of State President unopposed;
or
(ii) there are two or more surviving candidates, a poll shall be held in respect of them in accordance with the provisions of section 35.
(4) The Speaker shall, on being satisfied that a duly nominated candidate has died during the polling period, forthwith terminate the proceedings relating to and arising from the election, whereupon all proceedings in terms of the provisions of this Constitution in relation to the election of the State President, shall be commenced afresh:
Provided that persons whose names have been entered on a voters' roll prepared in terms of section 35(3) for the purposes of the election which has been terminated in terms of this subsection, shall, for the purposes of the election proceedings to be commenced afresh, be deemed to have been duly registered as voters as required by section 32(3)(c), and their names shall be transferred to the voters' roll to be prepared afresh in accordance with the lastmentioned section.
Provisions relating to polling and result of election
35. (1) The Speaker shall, by notice in the Gazette and in at least one newspaper in circulating in each province —
(a) in the case where a candidate is deemed in terms of section 33 or 34 to have been elected to the office of State President unopposed, make known the name and address of the person so elected;
(b) in the case where a poll is to be held in respect of two or more candidates, as contemplated by section 33(4)(b)(ii) or section 34(3)(a) or (b)(iv) —
(i) make known the names and addresses of such candidates;
(ii) determine the period during which such poll shall be held, by referring to the day or every consecutive day upon which polling shall take place (in this Constitution referred to as the polling period), and fix the times at which polling shall commence and close during the polling period;
(iii) declare the places specified in such notice to be polling stations for the purposes of such a poll; and
(iv) make known the name and official address of the person appointed as returning officer in terms of subsection (2) of this section.
(2) The Minister of Internal Affairs and Public Service shall, within seven days as from the date upon which the nomination court has in terms of section 33 declared two or more candidates to be duly nominated, appoint a suitable person to be the returning officer for the purposes of the poll to be held in respect of such candidates in terms of this Chapter and forthwith inform the Speaker of such appointment.
(3) The Minister of Internal Affairs and Public Service shall, upon the suspension of the registration of voters in terms of paragraph (c) of section 32(3), prepare a voters' roll containing the names and addresses of all persons who have registered themselves as voters in compliance with the notice contemplated by that paragraph (hereinafter referred to as registered voters) and forward a copy of such voters' roll to every polling station referred to in subparagraph (iii) of subsection (1)(b) of this section.
(4) For the purposes of —
(a) a poll referred to in subsection (1)(b) —
(i) no person other than a registered voter shall be entitled to vote;
(ii) voting shall be by secret ballot;
(iii) every registered voter shall be entitled to cast only one vote and may vote for only one candidate; and
(iv) a registered voter may cast his vote at any polling station referred to in subsection (1)(b)(iii) of this section; and
(b) the election of a State President, the provisions of sections 31 to 36 inclusive, 38 to 41 inclusive, 44 and 45, and 50 to 67 inclusive, of the Electoral Act, 1999, shall, subject to the provisions of this Constitution, mutatis mutandis apply.
(5) The Speaker shall, as soon as the result of a poll has been determined, publicly declare the candidate who has obtained the highest number of votes at the poll to be duly elected as State President and state the number of votes polled for each candidate, and shall, within seven days of such a declaration, cause a notice to this effect to be published in the Gazette and in at least one newspaper circulating in each province.
(6) The amount deposited in terms of section 33(4) or 34(3)(a) by any candidate who is unsuccessful at the poll and receives less than ten per cent of the number of votes cast for the successful candidate, shall be forfeited to the State and be paid into the Consolidated Revenue Fund. In all other cases the said deposit shall be refunded to the candidate in respect of whom it was made.
Tenure of office of State President
36. (1) Subject to the provisions of sections 37 and 38, the person elected to the office of State President shall hold that office for a period of seven years commencing on the day upon which he declares his assets and liabilities as prescribed in this Constitution and takes and subscribes the oath prescribed in section .
(2) The oaths aforesaid shall be administered by the Chief Justice of Zimbezia or the person for the time being appointed to exercise the functions of that office.
(3) The holder of the office of State President shall not, on the expiration of his period of office be eligible for re-election.
(4) The State President shall at no time absent himself from the Republic except with the prior consent of the Executive Council.
Resignation of State President
37. The holder of the office of State President may at any time resign from such office by lodging his resignation in writing with the Chief Justice, and shall so resign —
(a) if he is or becomes subject to any of the disqualifications for membership of the Senate or the House of Assembly contemplated by section _____, which shall mutatis mutandis apply to the State President; or
(b) if he contravenes or fails to comply with the provisions of section 32(5).
Removal of State President from office
38. (1) The Prime Minister or not less than one-quarter of the total number of the members of the House of Assembly may give notice of a motion alleging that the State President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the State President has been guilty of —
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers of his office; or
(d) any offense involving fraud, dishonesty or moral turpitude, and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
(2) Where the motion referred to in subsection (1) has been adopted by not less than half of the total number of the members of the House of Assembly, the Chief Justice shall appoint a tribunal to inquire into the allegations made against the State President.
(3) A tribunal appointed by the Chief Justice shall consist of not less than five judges of the High Court of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.
(4) A tribunal shall, after due inquiry at which the State President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(5) Where the tribunal reports to the Speaker that in its opinion the State President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the State President has been guilty of any of the other allegations contained in such resolution, the House of Assembly may by a resolution passed by not less than three-quarters of the total membership of the House of Assembly remove the State President from office.
Acting State President
39. (1) During any period when the office of the State President is vacant or the State President is absent from Zimbezia or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint.
(2) Any person appointed in terms of subsection (1) shall cease to perform the functions of the State President after the State President has informed him that he is about to resume his functions or when a new State President assumes office in terms of this Constitution.
(3) The State President or any person acting as the State President shall not, for the purpose of this section, be regarded as absent from Zimbezia or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under section 40.
Deputy State President
40. (1) Whenever the State President —
(a) has occasion to be absent from the seat of Government but not from Zimbezia; or
(b) has occasion to be absent from Zimbezia for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;
he may, by instrument under the Public Seal of Zimbezia, appoint a person to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the State President as may be specified in that instrument.
(2) The power and authority of the State President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the State President may from time to time address to him:
Provided that the question whether or not a deputy has in any matter conformed to or observed any such instructions shall not be inquired into in any court.
(3) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the State President.
Declaration of assets and liabilities; oath of office
41. Before entering on any of the duties of his office the State President or Acting State President, as the case may be, shall declare his assets and liabilities as prescribed in this Constitution and make and subscribe an oath of office in the following form before the Chief Justice of Zimbezia or a judge of the High Court of Zimbezia:
“I, A.B., do swear to be faithful to the Republic of Zimbezia, to serve its people and to devote myself to their well-being, to uphold the Constitution and observe all other laws of the Republic, and to discharge my duties with all my strength to the best of my knowledge and belief.
So help me God.”
Civil List and personal staff of State President
42. (1) The Legislature shall by law provide a Civil List for the maintenance of the State President.
(2) The Civil List for the maintenance of the State President shall be charged on and paid out of the Consolidated Revenue Fund and shall not be diminished during the continuance in office of the State President.
(3) Subject to the provisions of subsection (4), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the State President shall be matters for the State President acting in accordance with his own discretion.
(4) The State President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of subsection (3) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the State President but not as respects his service as a public officer.
(5) The remuneration of the personal staff of the State President, other than a person appointed under subsection (4), shall be defrayed out of the Civil List for the maintenance of the State President.
Immunity from criminal and civil proceedings
43. (1) During the State President’s tenure of office in accordance with this Constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him.
(2) During the State President’s tenure of office in accordance this Constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of State President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an Act of the Legislature, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.
(3) Except where he ceases to hold the office of State President pursuant to the provisions of section 38(5), it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of State President after he ceases to hold such office for anything he did in his capacity as State President while he held the office of State President in accordance with this Constitution.
Salary and allowances of State President
44. (1) There shall be paid to the State President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by the Legislature, and apart from any privileges which he may enjoy, a salary of seventy-five thousand dollars per annum.
(2) The salary of the State President shall not be reduced during his term of office.
Pension payable to State President and his widow
45. (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―
(a) to any person who has at any time occupied the office of State President, an annual pension equal to the annual salary which was payable to him on the day upon which he vacated office;
(b) to the widow of any such person a pension at the rate of three-quarters of the rate of the pension payable to such person.
(2) Any pension under subsection (1) shall be payable ―
(a) in the case of the State President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.
CHAPTER V
PART I
THE LEGISLATURE
Legislative power
46. The legislative power of Zimbezia shall be vested in the Legislature which shall consist of the State President and the Parliament.
The Parliament
47. The Parliament of Zimbezia shall consist of a Senate and a House of Assembly.
PART II
THE SENATE
Constitution of Senate
48. (1) The Senate shall consist of ―
(a) thirty senators (hereinafter referred to as “appointed senators”) appointed by the State President of whom —
(i) fifteen shall be appointed by the State President acting on the advice of the Prime Minister;
(ii) ten shall be appointed by the State President acting on the advice of the Leader of the Opposition; and
(iii) five shall be appointed by the State President acting in accordance with his own discretion from outstanding persons from economic or social or community organizations and other major fields of endeavor; and
(b) six senators for each province (hereinafter referred to as “elected senators”), elected jointly by the members of the provincial council of such province together with the members of the House of Assembly elected for such province.
(2) One-third of the senators shall retire every second year.
(3) Subject to the provisions of section 49, the term of office of a senator shall be six years from the date of his appointment or election:
Provided that ―
(a) a person who is appointed or elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;
(b) a person who is appointed or elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected on such termination.
(4) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(5) A separate election shall be held for the filling of each casual vacancy among the elected senators.
(6) A retiring senator shall, if otherwise qualified, be eligible for reappointment or re-election from time to time.
(7) In this section, the expression “casual vacancy” means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.
Rotation of senators
49. For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, and after each first meeting of the Senate following a dissolution thereof, the Senate shall by lot divide the senators into three classes, each class consisting of ten appointed senators and ten elected senators; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of appointment or election, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected.
Standing committees of Senate
50. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the Standing Orders of the Senate, move that any matter be referred to such a committee for investigation and report.
Announcing of legislation intended to be introduced in Senate
51. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
Qualifications of senators
52. No person shall be qualified to be a senator under this Constitution unless —
(a) he is a citizen of Zimbezia;
(b) he has attained the age of thirty-five years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered;
(d) he has been domiciled in Zimbezia for a period of at least five years.
The Senate Legal Committee
53. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 54 and the election of the Deputy President of the Senate in terms of section 56 the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the State President may determine and the State President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Provided that at no time shall the Senate Legal Committee consist of less than three members.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
Election of President of Senate
54. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless he possesses the qualifications and none of the disqualifications for election as a senator.
(3) Before a person who has been elected as the President of the Senate enters upon the duties of his office, he shall, unless he has already done so in accordance with the provisions of section _____, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe such oaths as may be prescribed by Parliament before the Senate.
Tenure of office of President of Senate
55. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.
(2) The President of the Senate shall vacate his office ―
(a) on the dissolution of Parliament next following his election; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected or appointed as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of section _____(1) would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
(4) Any function of the President of the Senate which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the President of the Senate immediately before that polling day:
Provided that if at any time after the dissolution of Parliament the person who was the President of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the State President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Parliament or by some other person appointed by the State President in that behalf.
Election of Deputy President of Senate
56. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 54, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Secretary to Parliament and shall vacate his office ―
(a) if he ceases to be a senator; or
(b) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(c) if he becomes a Minister or a Deputy Minister.
