Freedom of movement and residence

29 | Freedom of residence and movement

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. Everyone has the right to freedom of movement and the right to leave Zimbabwe.
  2. Every citizen of Zimbabwe has the right to enter, to remain in and to reside anywhere in Zimbabwe.
  3. Every citizen of Zimbabwe has the right to a birth certificate, an identity card and a passport.
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22 | Protection of freedom of movement

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Zimbabwe, the right to reside in any part of Zimbabwe, the right to enter and to leave Zimbabwe and immunity from expulsion from Zimbabwe.
  2. Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be in contravention of subsection (1).
  3. Nothing contained in or done under the authority of any law shall be held to in contravention of subsection (1) to the extent that the law in question makes provision—
    1. for the imposition of restrictions on the freedom of movement of persons generally or any class of persons that are required in the national interest, or in the interests of defence, public safety, public order, public morality, public health, the public interest or the economic interests of the State; [Paragraph amended by s. 3 of Act 5 of 2005 with effect from the 14th September, 2005.]
    2. for the imposition of restrictions on the acquisition or use of land or other property in Zimbabwe;
    3. for the imposition of restrictions by order of a court on the movement or residence within Zimbabwe of any person or on any person’s right to leave Zimbabwe—
      1. in consequence of his having been found guilty of a criminal offence under the law of Zimbabwe or for the purpose of ensuring that he appears before a court for trial for such a criminal offence or for proceedings preliminary to trial;
      2. for proceedings relating to his extradition or lawful removal from Zimbabwe; or
      3. for the purpose of ensuring that he appears before a court as a witness for the purposes of any criminal proceedings;
    4. for—
      1. the imposition of restrictions on the movement or residence within Zimbabwe of any person who is neither a citizen of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe; or
      2.  excluding or expelling from Zimbabwe any person who is not a citizen of Zimbabwe; whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe; [Paragraph as substituted by section 8(1) of Act No. 14 of 1996 - Amendment No. 14. Section 8(2) of Act No. 14 of 1996 provides that nothing in section 8(1) “shall affect any right to reside or remain in Zimbabwe that accrued to any person before the date of commencement of the Act.”]
    5. for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of the court or other adjudicating authority for the purposes of any civil proceedings; or
    6. for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being; [Paragraph as amended by section 23 of Act 23 of 1987] except, in the case of any provision referred to in paragraphs (a) to (e), 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.
  4. The provisions of subsection (3)(a) shall not be construed as authorizing a law to make provision for excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe. [Subsection amended by s. 3 of Act 5 of 2005 – Amendment No. 17 - with effect from the 14th September, 2005.]
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48 | Freedom of movement and residence

Kariba Draft Constitution
  1. Every Zimbabwean citizen has–
    1. the right to enter Zimbabwe;
    2. immunity from expulsion from Zimbabwe; and
    3. the right to a passport or other travel document.
  2. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has–
    1. the right to move freely within Zimbabwe;
    2. the right to reside in any part of Zimbabwe; and
    3. the right to leave Zimbabwe.
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29 | Freedom of movement and residence

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Every person has the right to freedom of movement and the right to leave Zimbabwe.
  2. Every citizen has the right to enter, to remain in and to reside anywhere in Zimbabwe.
  3. Every citizen has the right to a birth certificate, an identity card and a passport.
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