The Executive

80 | Executive authority

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)

The executive authority of Zimbabwe vests in the Prime Minister and the Cabinet.

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78 | Executive authority

Kariba Draft Constitution

The executive authority of Zimbabwe vests in the President and the Cabinet.

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31H | Executive functions of President

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. The executive authority of Zimbabwe shall vest in the President and, subject to the provisions of this Constitution, may be exercised by him directly or through the Cabinet, a Vice-President, a Minister or a Deputy Minister. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
  2. It shall be the duty of the President to uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed.
  3.  The President shall have such powers as are conferred upon him by this Constitution or by or under any Act of Parliament or other law or convention and, subject to any provision made by Parliament, shall, as Head of State, in addition have such prerogative powers as were exercisable before the appointed day.
  4. Without prejudice to the generality of subsection (3), the President shall have power, subject to the provisions of this Constitution—
    1. to appoint, accredit, receive and recognize diplomatic agents and consular officers; and
    2. to enter into international conventions, treaties and agreements; and
    3. to proclaim and to terminate martial law; and
    4. to declare war and to make peace; and
    5. to confer honours and precedence.
  5. In the exercise of his functions the President shall act on the advice of the Cabinet, except in cases where he is required by this Constitution or any other law to act on the advice of any other person or authority: Provided that the President shall not be obliged to act on the advice of the Cabinet with respect to—
    1. the dissolution or prorogation of Parliament; or
    2. the appointment or removal of a Vice-President or any Minister or Deputy Minister; or [Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
      (b1) subject to the provisions of an Act of Parliament such as is referred to in section 111A, the appointment or removal of a Provincial Governor in terms of such Act; or [Paragraph as inserted by section 5 of Act 4 of 1989 - Amendment No. 8 and as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
    3. the assignment or reassignment of functions to a Vice-President or any Minister or Deputy Minister or with respect to the cancellation of any such assignment or reassignment of functions; or [Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
    4. (c1) the designation of a Vice-President or Minister in terms of section 31(1); or [Paragraph as inserted by section 5 of Act 15 of 1990 - Amendment No. 10]
      (c2) the appointment of members of Parliament in terms of section 34(1)(e); or [Paragraph as inserted by section 5 of Act 15 of 1990 - Amendment No. 10, and amended by section 4 of Act 11 of 2007 – Amendment No. 18 with effect from the 30th October, 2007.]
    5.  the appointment of any person to an office or post in terms of this Constitution or any other law, or the removal of any person from such an office or post, where the President is required by this Constitution or by the law concerned, as the case may be, to consult any other person or authority before making the appointment or effecting the removal.
  6. Nothing in this section shall prevent Parliament from conferring or imposing functions on persons or authorities other than the President.
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79 | Executive Authority

National Constitutional Assembly (NCA) Draft Constitution (2001)

The executive authority of Zimbabwe vests in the Prime Minister and the Cabinet.

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71 | Office of President

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. The President is a non-executive head of State and Commander-in-Chief of the Defence Forces.
  2. The President must uphold, defend and respect this Constitution and all other laws of Zimbabwe.
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27 | The President

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. There shall be a President who shall be Head of State and Head of Government and Commander-in-Chief of the Defence Forces.
  2. The President shall take precedence over all other persons in Zimbabwe.
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79 | Office of President

Kariba Draft Constitution
  1. The President is the Head of State and Head of Government and the Commander-in-Chief of the Defence Forces.
  2. The President takes precedence over all other persons in Zimbabwe.
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71 | Office of President

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. There must a President who will be a non- executive and titular Head of State and Commander - in - Chief of the Defence Forces.
  2. The President is the symbolic head of the Republic of Zimbabwe and must uphold, defend and respect this Constitution and all other laws of Zimbabwe.
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80 | Duty of President to uphold Constitution

Kariba Draft Constitution

It is the duty of the President to obey, uphold and defend this Constitution and to ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully observed.

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98 | Executive functions of President

Kariba Draft Constitution
  1. The President has the powers conferred by this Constitution and by any Act of Parliament or other law, including any powers necessary to exercise the functions of Head of State and Head of Government, and those powers may be exercised by him directly or through the Vice-President, the Cabinet or a Minister.
  2. Without limiting subsection (1) and subject to this Constitution, the President may act in his or her own deliberate judgement and has powers—
    1. to prorogue or dissolve Parliament;
    2. to make appointments to public offices that this Constitution or any Act of Parliament requires or permits the President to make;
    3. to appoint, accredit, receive and recognise diplomatic agents and consular officers;
    4. to conclude or execute conventions, treaties and agreements with foreign states and governments and international organisations;
    5. to appoint or remove a Vice President or Vice Presidents and Ministers;
    6. to assign or reassign functions to a Vice President or Vice Presidents or any Minister;
    7. to call a referendum on any issue;
    8. to deploy the Defence Forces outside Zimbabwe in accordance with section 188(2);
    9. to appoint Provincial Governors in terms of a law regulating such appointments;
    10. to appoint Senators in terms of this Constitution.
  3. Except as otherwise provided in this Constitution, the President must act on the advice of the Cabinet in the exercise of any function other than a function that is specified in subsection (2).
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72 | Qualifications for election as President

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)

Every citizen of Zimbabwe by birth who is qualified to vote is eligible for election as President provided that, on polling day in the election, he or she—

    1. has or will have reached the age of thirty-five years;  and
    2.  is not or will not be prohibited by section 75(2) from serving a full six-year term of office.
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28 | Qualifications and election of President

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. A person shall be qualified for election as President if—
    1. he is a citizen of Zimbabwe by birth or by descent; and
    2. he has attained the age of forty years; and
    3. he is ordinarily resident in Zimbabwe.
  2. Subject to subsection (3)(b), the President shall be elected by voters. [Subsection as substituted by section 2 of Act 11 of 2007 – Amendment No. 18]
  3. An election to the office of President shall take place—
    1. on the day or days fixed in a proclamation in terms of section 58(1) as the day or days on which elections are to be held for the purpose of electing members of Parliament and members of the governing bodies of local authorities; or
    2. in accordance with the Electoral Law by members of the Senate and the House of Assembly sitting jointly as an electoral college within ninety days after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution; as the case may be. [Subsection as substituted by section 2 of Act 11 of 2007 – Amendment No. 18]
  4. The procedure for the nomination of candidates for election in terms of subsection (2) and the election of the President shall be as prescribed in the Electoral Law. [Subsection as amended by section 2 of Act 15 of 1990 – Amendment No. 10]
  5. A person elected as President shall, on the day upon which he is declared to be elected or no later than forty-eight hours thereafter, enter office by taking and subscribing before the Chief Justice or other judge of the Supreme Court or the High Court the oaths of loyalty and office in the forms set out in Schedule 1. [Subsection as substituted by section 2 of Act 11 of 2007 – Amendment No. 18]
  6.  … [Subsection repealed by section 2 of Act 11 of 2007 – Amendment No. 18]
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