Human Rights and Freedoms

11 | Preamble

Constitution of Zimbabwe (at 13th Feb, 2009)

Whereas persons in Zimbabwe are entitled, subject to the provisions of this Constitution, to the fundamental rights and freedoms of the individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons. [Section as substituted by section 6 of Act No. 14 of 1996 - Amendment No. 14]

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33 | Duty to respect fundamental human rights

Kariba Draft Constitution

 

All persons, including juristic persons and all- organs and agencies of the State and Government, including local government, must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter.

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24 | Enforcement of protective provisions

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
  2. If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
  3. Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1). [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
  4. The Supreme Court shall have original jurisdiction—
    1. to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and
    2. to determine any question arising in the case of any person which is referred to it pursuant to subsection (2); and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights: Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law. [Subsection as amended by section 20 of Act 23 of 1987 and by section 9 of Act 15 of 1990 - Amendment No. 10]
  5. If in any proceedings it is alleged that anything contained in or done under the authority of any law is in contravention of section 16, 17, 19, 20, 21 or 22 and the court decides, as a result of hearing the parties, that the complainant has shown that the court should not accept that the provision of the law concerned is reasonably justifiable in a democratic society on such of the grounds mentioned in section 16(7), 17(2), 19(5), 20(2) and (4), 21(3) or 22(3)(a) to (e), as the case may be, as are relied upon by the other party without proof to its satisfaction, it shall issue a rule nisi calling upon the responsible Minister to show cause why that provision should not be declared to be in contravention of the section concerned.
  6. If in any proceedings it falls to be determined whether any law is in contravention of the Declaration of Rights, the Attorney-General shall be entitled to be heard by the court on that question and if in any such proceedings any law is determined by the court to be in contravention of the Declaration of Rights, then, whether or not he has exercised his right to be heard in those proceedings, the Attorney-General shall have the like right with respect to an appeal from that determination as if he had been a party to the proceedings.
  7. Where any law is held by a competent court to be in contravention of the Declaration of Rights, any person detained in custody under that law shall be entitled as of right to make an application to the Supreme Court for the purpose of questioning the validity of his further detention, notwithstanding that he may have previously appealed against his conviction or sentence or that any time prescribed for the lodging of such an appeal may have expired. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
  8. A written law may confer upon the Supreme Court powers additional to those conferred by this section for the purpose of enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it by this section. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
  9. A written law may make provision with respect to the practice and procedure—
    1. of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section; and
    2. of subordinate courts in relation to references to the Supreme Court under subsection (2); including provision with respect to the time within which any application or reference shall or may be made or brought. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
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12 | Enforcement of rights

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Anyone listed in subsection (2) is entitled to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights and award of compensation.
  2. The persons who may approach a court are:-
    1. anyone acting in their own interest;
    2. anyone acting on behalf of another person who cannot act in their own name;
    3. anyone acting as a member, or in the interests, of a group or class of persons;
    4. anyone acting in the public interest;
    5. an association acting in the interest of its members.
  3. The persons referred to in subsection (1) and (2) of this section are also entitled to make an application to the Human Rights Commission for an appropriate redress for violations of the rights and freedoms contained in the Bill of Rights.
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42 | Application and interpretation of Part 3 (Specific Application of Certain Rights)

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. This Part elaborates certain rights and freedoms to ensure greater certainty as to the application of those rights and freedoms to particular classes of people.
  2. This Part must not be construed as limiting any right or freedom set out in Part 2.
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10 | Application of Chapter 3

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. The fundamental human rights and freedoms enshrined in this Chapter must be respected and upheld by the executive, the legislature and the judiciary and all institutions and agencies of government at every level.
  2. Where applicable, the fundamental human rights and freedoms enshrined in this Chapter must be respected and upheld by all natural and juristic persons.
  3. Juristic persons as well as human beings are entitled to the rights and freedoms set out in this Chapter to the extent that those rights and freedoms can be appropriately extended to juristic persons.
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34 | Application of Chapter III

Kariba Draft Constitution
  1. This Chapter binds the Executive, Parliament, the Judiciary and all organs of the State and Government, including local government.
  2. This Chapter binds human beings and juristic persons to the extent that it is applicable to them, taking into account the right or freedom concerned and any duty imposed by it.
  3. Human beings and juristic persons are entitled to the rights and freedoms set out in this Chapter to the extent that those rights and freedoms can appropriately be extended to them.
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8 | Application of Chapter 3 (Bill of Rights)

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1.  
    1. This Chapter binds the Executive, Parliament, the Judiciary and all institutions and agencies of government at every level.
    2. This Chapter binds not only human beings but also juristic persons to the extent that it is applicable to them, taking into account the right or freedom concerned and any duty imposed by it.
    3. Juristic persons as well as human beings are entitled to the rights and freedoms set out in this Chapter, to the extent that those rights and freedoms can appropriately be extended to juristic persons.
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11 | Interpretation of Chapter 3

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. When interpreting this Chapter a court, tribunal, forum or body must—
    1. give full effect to the rights and freedoms set out in this Chapter;
    2. promote the values that underlie an open, just and democratic society based on human dignity, equality and freedom, and in particular, the principles and values set out in section 1;
    3. take into account international law and all treaties and conventions to which Zimbabwe is a party;  and
    4. consider relevant foreign law interpreting international law, treaties and conventions, in addition to considering all other relevant factors that are to be taken into account in the interpretation of an enactment such as a Constitution.
  2. When interpreting an enactment, and when developing the common law, every court, tribunal, forum or body must be guided by the spirit and objects of this Chapter.
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35 Interpretation of Chapter III

Kariba Draft Constitution
  1. When interpreting this Chapter, a court, tribunal or forum must–
    1. give full effect to the rights and freedoms set out in this Chapter;
    2. promote the values that underlie an open and democratic society based on human dignity, equality and freedom;
    3. consider international law, treaties and conventions; and
    4. pay due regard to the other provisions of this Constitution, in particular the principles and objectives set out in Chapter II; in addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution.
  2. When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.
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9 | Interpretation of Chapter 3 (Bill of Rights)

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. When interpreting this Chapter, a court, tribunal, forum or body must-
    1. give full effect to the rights and freedoms set out in this Chapter;
    2. promote the values that underlie an open and democratic society based on human dignity, equality and freedom and in particular, the values set out in Section 1.
    3. take into account international law, treaties and conventions;
    4. consider relevant foreign law interpreting international law, treaties and conventions; in addition to considering all other relevant factors that are to be taken into account in the interpretation of an enactment such as a Constitution.
  2. When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.
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36 | Chapter III does not preclude existence of other rights

Kariba Draft Constitution

This Chapter does not preclude the existence of other rights or freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Chapter.

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