Difference between revisions of "The Constitution of Zimbabwe"

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(a) on his death;
 
(a) on his death;
 +
 
(b) on the dissolution of Parliament next following his election or appointment;
 
(b) on the dissolution of Parliament next following his election or appointment;
 +
 
(c) if he resigns his seat by notice, in writing, to the Speaker or to the Clerk of Parliament;
 
(c) if he resigns his seat by notice, in writing, to the Speaker or to the Clerk of Parliament;
 +
 
(Paragraph as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 
(Paragraph as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 +
 
(d) if he is absent from twenty-one consecutive sittings during any session without the leave of Parliament and Parliament has resolved, by the affirmative votes of more than one-half of its total membership, that the seat shall become vacant;
 
(d) if he is absent from twenty-one consecutive sittings during any session without the leave of Parliament and Parliament has resolved, by the affirmative votes of more than one-half of its total membership, that the seat shall become vacant;
 +
 
(e) if, being a member referred to in section 38(1)(a) and having ceased to be a member of the political party of which he was a member at the date of his election to Parliament, the political party concerned, by written notice to the Speaker, declares that he has ceased to represent its interests in Parliament;
 
(e) if, being a member referred to in section 38(1)(a) and having ceased to be a member of the political party of which he was a member at the date of his election to Parliament, the political party concerned, by written notice to the Speaker, declares that he has ceased to represent its interests in Parliament;
 +
 
(f) if he becomes President;
 
(f) if he becomes President;
 +
 
(g) if he becomes Speaker;
 
(g) if he becomes Speaker;
 +
 
(h) if, being a member referred to in section 38(1)(a), he accepts office as Provincial Governor;
 
(h) if, being a member referred to in section 38(1)(a), he accepts office as Provincial Governor;
 +
 
(i) if, being a member referred to in section 38(1)(b), he ceases to hold office as Provincial Governor;
 
(i) if, being a member referred to in section 38(1)(b), he ceases to hold office as Provincial Governor;
 +
 
(j) if he accepts any public office or office as a member of a statutory body or local authority or employment as an employee of a statutory body or local authority;
 
(j) if he accepts any public office or office as a member of a statutory body or local authority or employment as an employee of a statutory body or local authority;
 +
 
(k) if, being a public officer or a member or employee of a statutory body or local authority at the time he became a member of Parliament, he fails to terminate his appointment or employment as such within fourteen days of the date he became a member of Parliament;
 
(k) if, being a public officer or a member or employee of a statutory body or local authority at the time he became a member of Parliament, he fails to terminate his appointment or employment as such within fourteen days of the date he became a member of Parliament;
 +
 
(l) in the circumstances set out in section 42;
 
(l) in the circumstances set out in section 42;
 +
 
(m) if he is required, by virtue of the provisions of section 43, to vacate his seat;
 
(m) if he is required, by virtue of the provisions of section 43, to vacate his seat;
 +
 
(n) if he is found or declared in accordance with any Act relating to mental health to be mentally disordered or defective as defined in that Act;
 
(n) if he is found or declared in accordance with any Act relating to mental health to be mentally disordered or defective as defined in that Act;
 +
 
(o) if he is declared by order of the High Court to be incapable of managing his own affairs;
 
(o) if he is declared by order of the High Court to be incapable of managing his own affairs;
 +
 
(p) if he has been convicted of an offence under the Electoral Law and has been declared by the High Court under the powers conferred by the Electoral Law to be disqualified for registration as a voter or from voting at any election;
 
(p) if he has been convicted of an offence under the Electoral Law and has been declared by the High Court under the powers conferred by the Electoral Law to be disqualified for registration as a voter or from voting at any election;
 +
 
(q) if for a continuous period of six months or more he has been the subject of a preventive detention order under any law providing for the preventive detention of persons.
 
(q) if for a continuous period of six months or more he has been the subject of a preventive detention order under any law providing for the preventive detention of persons.
 +
 
(Subsection as substituted by s.9 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as substituted by s.9 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) being a Vice-President, a Minister, Deputy Minister or Provincial Governor; or
 
(a) being a Vice-President, a Minister, Deputy Minister or Provincial Governor; or
 +
 
(Paragraph as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Paragraph as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 +
 
(b) being a member of any of the Defence Forces whose services in peace-time are not wholly in the service of the State; or
 
(b) being a member of any of the Defence Forces whose services in peace-time are not wholly in the service of the State; or
 +
 
(c) being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or
 
(c) being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or
 +
 
(d) holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or
 
(d) holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or
 +
 
(e) being a member of the Council of Chiefs.
 
(e) being a member of the Council of Chiefs.
 +
 
(Subsection as substituted by s.9 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as substituted by s.9 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body;
 
(a) any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body;
 +
  
 +
 
(i) any Commission established by this Constitution;
 
(i) any Commission established by this Constitution;
 +
 
(ii) any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution.
 
(ii) any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution.
 +
 
(Subparagraph as amended by s.8 of Act 4 of 1989 - Amdmt No.8; and s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Subparagraph as amended by s.8 of Act 4 of 1989 - Amdmt No.8; and s.9 of Act 15 of 1990 - Amdmt No.10)
 +
 
(4) The provisions of this section shall not apply to the Attorney-General.
 
(4) The provisions of this section shall not apply to the Attorney-General.
 
(Subsection as inserted by s.8 of Act 4 of 1989 - Amdmt No.8)
 
(Subsection as inserted by s.8 of Act 4 of 1989 - Amdmt No.8)
  
−
Article 42 Members sentenced to death or to imprisonment
+
'''Article 42 Members sentenced to death or to imprisonment'''
 +
 
  
 +
 
(a) within Zimbabwe of a criminal offence; or
 
(a) within Zimbabwe of a criminal offence; or
 +
 
(b) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would have been a criminal offence;
 
(b) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would have been a criminal offence;
 +
 
and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat shall become vacant at the expiration of thirty days from the date of such sentence.
 
and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat shall become vacant at the expiration of thirty days from the date of such sentence.
 +
 
(Subsection as amended by s.9 of Act 4 of 1989 - Amdmt No.8; and s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.9 of Act 4 of 1989 - Amdmt No.8; and s.26 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) he is granted a free pardon;
 
(a) he is granted a free pardon;
 +
 
(b) his conviction is set aside;
 
(b) his conviction is set aside;
 +
 
(c) his sentence is reduced to a term of imprisonment of less than six months; or
 
(c) his sentence is reduced to a term of imprisonment of less than six months; or
 +
 
(d) a punishment other than imprisonment is substituted.
 
(d) a punishment other than imprisonment is substituted.
 +
 
(3) Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions and receive remuneration as a member for the period during which he ceased to exercise his functions by reason of the provisions of this section.
 
(3) Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions and receive remuneration as a member for the period during which he ceased to exercise his functions by reason of the provisions of this section.
 +
  
 +
 
(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such terms;
 
(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such terms;
 +
 
(b) two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;
 
(b) two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;
 +
 
(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;
 
(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;
 +
 
(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
 
(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
 +
 
(5) The provisions of this section shall not apply to the Attorney-General.
 
(5) The provisions of this section shall not apply to the Attorney-General.
 +
 
(Subsection as inserted by s.9 of Act 4 of 1989 - Amdmt No.8)
 
(Subsection as inserted by s.9 of Act 4 of 1989 - Amdmt No.8)
  
−
Article 43 Expulsion or suspension of members convicted of certain offences
+
'''Article 43 Expulsion or suspension of members convicted of certain offences'''
 +
 
  
 +
 
(a) a member of Parliament is convicted of an offence referred to in section 42(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and
 
(a) a member of Parliament is convicted of an offence referred to in section 42(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and
 +
 
(b) Parliament, after taking into account the nature of the offence and the sentence imposed, resolves, by the affirmative votes of not less than two-thirds of its total membership, that the member is unfit to continue as a member or that the member should be suspended from the service of Parliament for such period, not exceeding six months, as Parliament may specify;
 
(b) Parliament, after taking into account the nature of the offence and the sentence imposed, resolves, by the affirmative votes of not less than two-thirds of its total membership, that the member is unfit to continue as a member or that the member should be suspended from the service of Parliament for such period, not exceeding six months, as Parliament may specify;
 
the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of Parliament for the period so specified.
 
the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of Parliament for the period so specified.
 +
 
(Subsection as substituted by s.10 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as substituted by s.10 of Act 31 of 1989 - Amdmt No.9)
 +
 
(2) A member of Parliament who is suspended from the service of Parliament in accordance with subsection (1) shall not exercise his functions or be entitled to any remuneration as a member during the period of his suspension.
 
(2) A member of Parliament who is suspended from the service of Parliament in accordance with subsection (1) shall not exercise his functions or be entitled to any remuneration as a member during the period of his suspension.
 +
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3) The provisions of this section shall not apply to the Attorney-General.
 
(3) The provisions of this section shall not apply to the Attorney-General.
 +
 
(Subsection as inserted by s.10 of Act 4 of 1989 - Amdmt No.8)
 
(Subsection as inserted by s.10 of Act 4 of 1989 - Amdmt No.8)
  
−
Article 44 Oath of loyalty
+
'''Article 44 Oath of loyalty'''
 +
 
 
Every member of Parliament shall, before taking part in any proceedings thereof, other than proceedings necessary for the purposes of this section, take and subscribe before Parliament the oath of loyalty in the form set out in Schedule 1.
 
Every member of Parliament shall, before taking part in any proceedings thereof, other than proceedings necessary for the purposes of this section, take and subscribe before Parliament the oath of loyalty in the form set out in Schedule 1.
 +
 
(Section as substituted by s.11 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.11 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 45 Remuneration of Speaker
+
'''Article 45 Remuneration of Speaker'''
 +
 
 
(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Speaker such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
 
(1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Speaker such salary and allowances as may from time to time be prescribed by or under an Act of Parliament.
 +
 
(2) The salary payable to the Speaker shall not be reduced during the period he holds that office.
 
(2) The salary payable to the Speaker shall not be reduced during the period he holds that office.
 +
 
(3) A person who was the Speaker immediately before a dissolution of Parliament shall continue to receive the salary and allowances of that office until such time as Parliament first meets after the dissolution or until he ceases sooner to perform the functions of the Speaker in the circumstances referred to in section 40(4).
 
(3) A person who was the Speaker immediately before a dissolution of Parliament shall continue to receive the salary and allowances of that office until such time as Parliament first meets after the dissolution or until he ceases sooner to perform the functions of the Speaker in the circumstances referred to in section 40(4).
 +
 
(Section as substituted by s.11 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.11 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 46 President's power to address and attend Parliament
+
'''Article 46 President's power to address and attend Parliament'''
 +
 
  
 +
 
(a) may at any time address Parliament; and
 
(a) may at any time address Parliament; and
 +
 
(b) shall have the right to sit and speak in Parliament but shall not have the right to vote therein.
 
(b) shall have the right to sit and speak in Parliament but shall not have the right to vote therein.
 +
 
(2) The President may send messages to Parliament and any such message shall be read by the Speaker or by a Vice-President or a Minister.
 
(2) The President may send messages to Parliament and any such message shall be read by the Speaker or by a Vice-President or a Minister.
 +
 
(Section as substituted by s.12 of Act 31 of 1989 - Amdmt No.9, and as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Section as substituted by s.12 of Act 31 of 1989 - Amdmt No.9, and as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
  
−
Article 47 Vice-Presidents, Ministers, Deputy Ministers and Attorney- General in Parliament
+
'''Article 47 Vice-Presidents, Ministers, Deputy Ministers and Attorney- General in Parliament'''
 +
 
 
(1) A Vice-President or a Minister or a Deputy Minister shall have a right to sit and speak in Parliament but shall only have the right to vote in Parliament if he is a member thereof.
 
(1) A Vice-President or a Minister or a Deputy Minister shall have a right to sit and speak in Parliament but shall only have the right to vote in Parliament if he is a member thereof.
 
(Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 +
 
(2) The Attorney-General shall have the right to sit and speak in Parliament but shall not have the right to vote therein.
 
(2) The Attorney-General shall have the right to sit and speak in Parliament but shall not have the right to vote therein.
 
(Section as substituted by s.13 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.13 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 48 Clerk of Parliament and other staff thereof
+
'''Article 48 Clerk of Parliament and other staff thereof'''
 +
 
 
(1) There shall be a Clerk of Parliament appointed by the Committee on Standing Rules and Orders.
 
(1) There shall be a Clerk of Parliament appointed by the Committee on Standing Rules and Orders.
 +
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 +
 
(2) A person appointed as the Clerk of Parliament shall not be removed from office unless Parliament resolves, by the affirmative votes of more than one-half of its total membership, that he should be removed from office.
 
(2) A person appointed as the Clerk of Parliament shall not be removed from office unless Parliament resolves, by the affirmative votes of more than one-half of its total membership, that he should be removed from office.
 +
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 +
 
(3) Subject to any wishes which may be expressed from time to time by Parliament, the Committee on Standing Rules and Orders shall appoint such other staff of Parliament as it may from time to time consider necessary.
 
(3) Subject to any wishes which may be expressed from time to time by Parliament, the Committee on Standing Rules and Orders shall appoint such other staff of Parliament as it may from time to time consider necessary.
 +
 
(4) The staff of Parliament shall be appointed on terms of service approved from time to time by Parliament and shall be deemed to be public officers but shall not form part of the Public Service.
 
(4) The staff of Parliament shall be appointed on terms of service approved from time to time by Parliament and shall be deemed to be public officers but shall not form part of the Public Service.
 
(Section as substituted by s.14 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.14 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 49 Privileges of Parliament and members and officers thereof
+
'''Article 49 Privileges of Parliament and members and officers thereof'''
 +
 
 
Subject to the provisions of this Constitution, an Act of Parliament may make provision to determine and regulate the privileges, immunities and powers of Parliament and the members and officers thereof, including the Speaker, and to provide penalties for a person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so.
 
Subject to the provisions of this Constitution, an Act of Parliament may make provision to determine and regulate the privileges, immunities and powers of Parliament and the members and officers thereof, including the Speaker, and to provide penalties for a person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so.
 
(Section as substituted by s.15 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.15 of Act 31 of 1989 - Amdmt No.9)
  
−
PART 5- POWERS AND PROCEDURE OF PARLIAMENT
+
'''PART 5- POWERS AND PROCEDURE OF PARLIAMENT'''
 +
 
 +
'''Article 50 Legislative powers'''
  
−
Article 50 Legislative powers
 
 
Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Zimbabwe.
 
Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Zimbabwe.
  
−
Article 51 Mode of exercising legislative powers
+
'''Article 51 Mode of exercising legislative powers'''
 +
 
 
(1) Subject to the provisions of section 52 and Schedule 4, the power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
 
(1) Subject to the provisions of section 52 and Schedule 4, the power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(2) When a Bill is presented to the President for assent he shall, subject to the provisions of this section, within twenty-one days, either assent or withhold his assent.
 
(2) When a Bill is presented to the President for assent he shall, subject to the provisions of this section, within twenty-one days, either assent or withhold his assent.
 
(Subsection as amended by s.4 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.4 of Act 23 of 1987 - Amdmt No.7)
 +
 
(3) Where this Constitution provides that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a certificate, the President shall not assent to such Bill unless it is accompanied by the said certificate.
 
(3) Where this Constitution provides that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a certificate, the President shall not assent to such Bill unless it is accompanied by the said certificate.
 +
 
(3a) Where the President withholds his assent to a Bill, the Bill shall be returned to Parliament and, subject to the provisions of subsection (3b), the Bill shall not again be presented for assent.
 
(3a) Where the President withholds his assent to a Bill, the Bill shall be returned to Parliament and, subject to the provisions of subsection (3b), the Bill shall not again be presented for assent.
 
(Subsection as inserted by s.4 of Act 23 of 1987 and as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as inserted by s.4 of Act 23 of 1987 and as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3b) If, within six months after a Bill has been returned to Parliament in terms of subsection (3a), Parliament resolves upon a motion supported by the votes of not less than two-thirds of all the members of Parliament that the Bill should again be presented to the President for assent, the Bill shall be so presented and, on such presentation, the President shall assent to the Bill within twenty-one days of the presentation, unless he sooner dissolves Parliament.
 
(3b) If, within six months after a Bill has been returned to Parliament in terms of subsection (3a), Parliament resolves upon a motion supported by the votes of not less than two-thirds of all the members of Parliament that the Bill should again be presented to the President for assent, the Bill shall be so presented and, on such presentation, the President shall assent to the Bill within twenty-one days of the presentation, unless he sooner dissolves Parliament.
 +
 
([Subsection as inserted by s.4 of Act 23 of 1987; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
([Subsection as inserted by s.4 of Act 23 of 1987; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(4) All laws made by Parliament shall be styled "Acts" and the words of enactment shall be "enacted by the President and the Parliament of Zimbabwe" or words to the like effect.
 
(4) All laws made by Parliament shall be styled "Acts" and the words of enactment shall be "enacted by the President and the Parliament of Zimbabwe" or words to the like effect.
 
(Subsection as amended by s.16 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.16 of Act 31 of 1989 - Amdmt No.9)
 +
 
(5) An Act of Parliament shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in or under that or some other Act.
 
(5) An Act of Parliament shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in or under that or some other Act.
 +
 
(6) An Act of Parliament shall be deemed to come into operation immediately on the expiration of the day preceding the day on which, by virtue of the provisions of subsection (5), it comes into operation.
 
(6) An Act of Parliament shall be deemed to come into operation immediately on the expiration of the day preceding the day on which, by virtue of the provisions of subsection (5), it comes into operation.
 +
 
(7) The provisions of Schedule 4 shall apply in respect of the procedure with regard to Bills and the other matters specified therein.
 
(7) The provisions of Schedule 4 shall apply in respect of the procedure with regard to Bills and the other matters specified therein.
  
−
Article 52 Alteration of the Constitution
+
'''Article 52 Alteration of the Constitution'''
 +
 
 
(1) Parliament may amend, add to or repeal any of the provisions of this Constitution:
 
(1) Parliament may amend, add to or repeal any of the provisions of this Constitution:
 +
 
Provided that, except as provided in subsection (6), no law shall be deemed to amend, add to or repeal any provision of this Constitution unless it does so in express terms.
 
Provided that, except as provided in subsection (6), no law shall be deemed to amend, add to or repeal any provision of this Constitution unless it does so in express terms.
 
(Proviso as amended by s.7 of Act 30 of 1990 - Amdmt No.11)
 
(Proviso as amended by s.7 of Act 30 of 1990 - Amdmt No.11)
 +
 
(2) A Constitutional Bill shall not be introduced into Parliament unless the text of the Bill has been published in the Gazette not less than thirty days before it is so introduced.
 
(2) A Constitutional Bill shall not be introduced into Parliament unless the text of the Bill has been published in the Gazette not less than thirty days before it is so introduced.
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(2a) A Constitutional Bill shall not be deemed to have been duly passed by Parliament unless, at the final vote thereon in Parliament, it received the affirmative votes of not less than two-thirds of the total membership of Parliament.
 
(2a) A Constitutional Bill shall not be deemed to have been duly passed by Parliament unless, at the final vote thereon in Parliament, it received the affirmative votes of not less than two-thirds of the total membership of Parliament.
 
(Subsection as inserted by s.17 of Act 31 of 1989 - Amdmt No.9; and amended by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(Subsection as inserted by s.17 of Act 31 of 1989 - Amdmt No.9; and amended by s.6 of Act 15 of 1990 - Amdmt No.10)
 +
 
(3) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(3) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 +
 
(4) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(4) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 +
 
(5) Subject to the provisions of subsection (8), a Constitutional Bill shall not be submitted to the President for assent unless it is accompanied by a certificate from the Speaker that on the final vote thereon in Parliament, the Bill received the affirmative votes of not less than two-thirds of the total membership of Parliament.
 
(5) Subject to the provisions of subsection (8), a Constitutional Bill shall not be submitted to the President for assent unless it is accompanied by a certificate from the Speaker that on the final vote thereon in Parliament, the Bill received the affirmative votes of not less than two-thirds of the total membership of Parliament.
 
(Subsection as inserted by s.17 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as inserted by s.17 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) renumbering the provisions of this Constitution so as to reflect amendments that have been made thereto; and
 
(a) renumbering the provisions of this Constitution so as to reflect amendments that have been made thereto; and
 +
 
(b) amending the provisions of this Constitution where it is necessary to do so as a consequence of any renumbering referred to in paragraph (a);
 
(b) amending the provisions of this Constitution where it is necessary to do so as a consequence of any renumbering referred to in paragraph (a);
 +
 
and any such renumbering or amendment shall be valid as if it had been effected by means of an Act of Parliament passed in accordance with the provisions of this section.
 
and any such renumbering or amendment shall be valid as if it had been effected by means of an Act of Parliament passed in accordance with the provisions of this section.
 
(Subsection as inserted by s.7 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as inserted by s.7 of Act 30 of 1990 - Amdmt No.11)
 +
 
(7) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(7) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 +
 
(8) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(8) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 +
 
(9) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
 
(9) (Subsection repealed by s.6 of Act 15 of 1990 - Amdmt No.10)
  
−
Article 53 Enrolment of Acts
+
'''Article 53 Enrolment of Acts'''
 +
 
 
(1) As soon as may be after an Act of Parliament has been assented to by the President, the Clerk of Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the public seal, to be enrolled on record in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of such Act.
 
(1) As soon as may be after an Act of Parliament has been assented to by the President, the Clerk of Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the public seal, to be enrolled on record in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of such Act.
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 
(Subsection as amended by s.15 of Act 14 of 1996 - Amdmt No.14)
 +
  
 +
 
(a) upon such publication the revision shall in all courts of justice and for all purposes whatsoever be the sole version of the law or part thereof concerned;
 
(a) upon such publication the revision shall in all courts of justice and for all purposes whatsoever be the sole version of the law or part thereof concerned;
 +
 
(b) a copy of the revision, authenticated in the manner provided for in the Act of Parliament, shall be deposited in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of the law or part thereof concerned.
 
(b) a copy of the revision, authenticated in the manner provided for in the Act of Parliament, shall be deposited in the office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of the law or part thereof concerned.
 +
 
(Subsection as substituted by s.4 of Act 1 of 1983 - Amdmt No.3; and amended by s.8 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as substituted by s.4 of Act 1 of 1983 - Amdmt No.3; and amended by s.8 of Act 30 of 1990 - Amdmt No.11)
 +
 
(3) The validity of an Act of Parliament or of a revision of the law or part thereof shall not depend upon the enrolment or deposit thereof pursuant to the provisions of this section.
 
(3) The validity of an Act of Parliament or of a revision of the law or part thereof shall not depend upon the enrolment or deposit thereof pursuant to the provisions of this section.
 
(Subsection as substituted by s.4 of Act 1 of 1983 - Amdmt No.3)
 
(Subsection as substituted by s.4 of Act 1 of 1983 - Amdmt No.3)
  
−
Article 54 Quorum
+
'''Article 54 Quorum'''
 +
 
 
(1) (Subsection repealed by s.18 of Act 31 of 1989 - Amdmt No.9)
 
(1) (Subsection repealed by s.18 of Act 31 of 1989 - Amdmt No.9)
 +
 
(2) If objection is taken by a member of Parliament present that there are present, besides the Speaker or the member presiding, fewer than twenty-five members and, after such interval as may be prescribed in Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than twenty-five, Parliament shall thereupon be adjourned in accordance with Standing Orders.
 
(2) If objection is taken by a member of Parliament present that there are present, besides the Speaker or the member presiding, fewer than twenty-five members and, after such interval as may be prescribed in Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than twenty-five, Parliament shall thereupon be adjourned in accordance with Standing Orders.
 
(Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Subsection as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
  
−
Article 55 Validity of proceedings
+
'''Article 55 Validity of proceedings'''
 +
 
 
Subject to the provisions of section 54, Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof or the suspension of a member in accordance with section 42 or 43, and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in Parliament or otherwise took part in the proceedings.
 
Subject to the provisions of section 54, Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof or the suspension of a member in accordance with section 42 or 43, and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in Parliament or otherwise took part in the proceedings.
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 56 Voting
+
'''Article 56 Voting'''
 +
 
 
(1) Save as otherwise provided in this Constitution, all questions proposed for decision at a sitting of Parliament shall be determined by a majority of the votes of the members present and voting.
 
(1) Save as otherwise provided in this Constitution, all questions proposed for decision at a sitting of Parliament shall be determined by a majority of the votes of the members present and voting.
 +
 
(2) If, upon any question before Parliament, the votes of the members are equally divided, the motion shall be lost.
 
(2) If, upon any question before Parliament, the votes of the members are equally divided, the motion shall be lost.
 +
 
(3) The person presiding at a sitting of Parliament shall not have a deliberative or a casting vote.
 
(3) The person presiding at a sitting of Parliament shall not have a deliberative or a casting vote.
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 57 Standing Orders
+
'''Article 57 Standing Orders'''
 +
 
  
 +
 
(a) the passing of Bills;
 
(a) the passing of Bills;
 +
 
(b) presiding over Parliament;
 
(b) presiding over Parliament;
 +
 
(c) any matter in connection with which Standing Orders are required to be made by this Constitution; and
 
(c) any matter in connection with which Standing Orders are required to be made by this Constitution; and
 +
 
(d) generally with respect to the regulation and orderly conduct of proceedings and business in Parliament.
 
(d) generally with respect to the regulation and orderly conduct of proceedings and business in Parliament.
 +
 
(2) Standing Orders made in terms of subsection (1) shall provide for the appointment, membership and functions of a Committee on Standing Rules and Orders.
 
(2) Standing Orders made in terms of subsection (1) shall provide for the appointment, membership and functions of a Committee on Standing Rules and Orders.
 
(Section as substituted by s.19 of Act 31 of 1989 - Amdmt No.9)
 
(Section as substituted by s.19 of Act 31 of 1989 - Amdmt No.9)
  
−
PART 6- ELECTIONS AND SESSIONS
+
'''PART 6- ELECTIONS AND SESSIONS'''
 +
 
 +
'''Article 58 Elections'''
  
−
Article 58 Elections
 
 
(1) A general election shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament under section 63(7) or, as the case may be, the dissolution of Parliament under section 63(4) as the President may, by proclamation in the Gazette, fix.
 
(1) A general election shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament under section 63(7) or, as the case may be, the dissolution of Parliament under section 63(4) as the President may, by proclamation in the Gazette, fix.
 
(2) (Subsection repealed by s.20 of Act 31 of 1989 - Amdmt No.9)
 
(2) (Subsection repealed by s.20 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3) The qualifications and disqualifications for registration as a voter and for voting at elections shall be as prescribed in Schedule 3 and, subject thereto, by the Electoral Law.
 
(3) The qualifications and disqualifications for registration as a voter and for voting at elections shall be as prescribed in Schedule 3 and, subject thereto, by the Electoral Law.
 +
 
(4) An Act of Parliament shall make provision for the election of members of Parliament, including elections for the purpose of filling casual vacancies.
 
(4) An Act of Parliament shall make provision for the election of members of Parliament, including elections for the purpose of filling casual vacancies.
 
(Subsection as amended by s.20 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.20 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 59 Delimitation Commission
+
'''Article 59 Delimitation Commission'''
 +
 
  
 +
 
(a) a chairman, who shall be the Chief Justice or some other judge of the Supreme Court or the High Court appointed after consultation with the Chief Justice; and
 
(a) a chairman, who shall be the Chief Justice or some other judge of the Supreme Court or the High Court appointed after consultation with the Chief Justice; and
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(b) three other members appointed after consultation with the Chief Justice:
 
(b) three other members appointed after consultation with the Chief Justice:
 +
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
Provided that a person shall not be eligible for appointment if he is a member of Parliament.
 
Provided that a person shall not be eligible for appointment if he is a member of Parliament.
 +
 
(Proviso as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Proviso as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) in the case of the chairman, appoint the Chief Justice or, after consultation with the Chief Justice, some other judge of the Supreme Court or the High Court to be chairman;
 
(a) in the case of the chairman, appoint the Chief Justice or, after consultation with the Chief Justice, some other judge of the Supreme Court or the High Court to be chairman;
 +
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2; and s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(b) in the case of any other member, appoint in his place, after consultation with the chairman, some other person.
 
(b) in the case of any other member, appoint in his place, after consultation with the chairman, some other person.
 +
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as amended by s.20 of Act 23 of 1987 - Amdmt No.7)
 +
 
(3) Where the members of the Delimitation Commission are not unanimous in regard to any matter, the view of the majority shall prevail and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
 
(3) Where the members of the Delimitation Commission are not unanimous in regard to any matter, the view of the majority shall prevail and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
 +
 
(4) Following the first delimitation for the purposes of this Constitution, a Delimitation Commission shall be convened by the President at five-yearly intervals:
 
(4) Following the first delimitation for the purposes of this Constitution, a Delimitation Commission shall be convened by the President at five-yearly intervals:
 
Provided that a Delimitation Commission may be convened before the expiration of any five-year period if it appears to the President necessary to do so.
 
Provided that a Delimitation Commission may be convened before the expiration of any five-year period if it appears to the President necessary to do so.
 
(Proviso as amended by s.6 of Act 15 of 1987 - Amdmt No.6)
 
(Proviso as amended by s.6 of Act 15 of 1987 - Amdmt No.6)
  
−
Article 60 Delimitation of constituencies
+
'''Article 60 Delimitation of constituencies'''
 +
 
 
(1) It shall be the function of the Delimitation Commission to determine the limits of the constituencies into which Zimbabwe is to be divided in accordance with subsections (2) to (4):
 
(1) It shall be the function of the Delimitation Commission to determine the limits of the constituencies into which Zimbabwe is to be divided in accordance with subsections (2) to (4):
 
Provided that, if the President notifies the Delimitation Commission of an anticipated alteration in the number of constituencies, the Delimitation Commission shall determine the limits of the anticipated number of constituencies accordingly.
 
Provided that, if the President notifies the Delimitation Commission of an anticipated alteration in the number of constituencies, the Delimitation Commission shall determine the limits of the anticipated number of constituencies accordingly.
 +
 
(Proviso as inserted by s.7 of Act 15 of 1987 - Amdmt No.6)
 
(Proviso as inserted by s.7 of Act 15 of 1987 - Amdmt No.6)
 +
 
(2) Zimbabwe shall be divided into one hundred and twenty common roll constituencies.
 
(2) Zimbabwe shall be divided into one hundred and twenty common roll constituencies.
 +
 
(Subsection as amended by s.7 of Act 15 of 1987 - Amdmt No.6; and s.21 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.7 of Act 15 of 1987 - Amdmt No.6; and s.21 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3) The boundaries of the constituencies shall be such that at the time of delimitation the number of voters registered in each common roll constituency is as nearly as may be equal to the number of voters registered in each of the other common roll constituencies.
 
(3) The boundaries of the constituencies shall be such that at the time of delimitation the number of voters registered in each common roll constituency is as nearly as may be equal to the number of voters registered in each of the other common roll constituencies.
 +
 
(Subsection as amended by s.10 of Act 15 of 1987 - Amdmt No.6)
 
(Subsection as amended by s.10 of Act 15 of 1987 - Amdmt No.6)
 +
  
 +
 
(a) its physical features;
 
(a) its physical features;
 +
 
(b) the means of communication within the area;
 
(b) the means of communication within the area;
 +
 
(c) the geographical distribution of voters registered on the common roll;
 
(c) the geographical distribution of voters registered on the common roll;
 +
 
(d) any community of interest as between voters registered on the common roll; and
 
(d) any community of interest as between voters registered on the common roll; and
 +
 
(e) in the case of any delimitation after the first delimitation consequent upon an alteration in the number of constituencies, existing electoral boundaries;
 
(e) in the case of any delimitation after the first delimitation consequent upon an alteration in the number of constituencies, existing electoral boundaries;
 
(Paragraph as amended by sections 7 and 10 of Act 15 of 1987 - Amdmt No.6)
 
(Paragraph as amended by sections 7 and 10 of Act 15 of 1987 - Amdmt No.6)
 +
 
and whenever it appears necessary to do so in order to give effect to the provisions of this subsection, the Commission may depart from the requirements of subsection (3), but in no case to any greater extent than twenty per centum more or less than the average number of registered voters in constituencies on the common roll.
 
and whenever it appears necessary to do so in order to give effect to the provisions of this subsection, the Commission may depart from the requirements of subsection (3), but in no case to any greater extent than twenty per centum more or less than the average number of registered voters in constituencies on the common roll.
 +
 
(Subsection as amended by s.10 of Act 15 of 1987 - Amdmt No.6)
 
(Subsection as amended by s.10 of Act 15 of 1987 - Amdmt No.6)
 +
  
 +
 
(a) a list of constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
 
(a) a list of constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
 +
 
(b) a map or maps showing the constituencies into which Zimbabwe has been divided by the Commission; and
 
(b) a map or maps showing the constituencies into which Zimbabwe has been divided by the Commission; and
 +
 
(c) any further information or particulars which the Commission considers necessary.
 
(c) any further information or particulars which the Commission considers necessary.
 +
 
(6) The President may refer back to the Delimitation Commission for its further consideration and final decision any matter arising out of its report.
 
(6) The President may refer back to the Delimitation Commission for its further consideration and final decision any matter arising out of its report.
 +
 
(7) If there appears to be any discrepancy between the description of the boundaries of any constituency and the map or maps, the description shall prevail.
 
(7) If there appears to be any discrepancy between the description of the boundaries of any constituency and the map or maps, the description shall prevail.
 +
 
(8) As soon as may be after the Delimitation Commission has completed its report, the President shall, by proclamation in the Gazette, declare the names and boundaries of the constituencies as finally settled by the Commission to be the constituencies of Zimbabwe which shall have effect for the purposes of the next and any subsequent general election.
 
(8) As soon as may be after the Delimitation Commission has completed its report, the President shall, by proclamation in the Gazette, declare the names and boundaries of the constituencies as finally settled by the Commission to be the constituencies of Zimbabwe which shall have effect for the purposes of the next and any subsequent general election.
  
−
Article 61 Electoral Supervisory Commission
+
'''Article 61 Electoral Supervisory Commission'''
 +
 
  
 +
 
(a) a chairman and two other members appointed by the President after consultation with the Judicial Service Commission; and
 
(a) a chairman and two other members appointed by the President after consultation with the Judicial Service Commission; and
 
(Paragraph as substituted by s.5 of Act 23 of 1987 - Amdmt No.7)
 
(Paragraph as substituted by s.5 of Act 23 of 1987 - Amdmt No.7)
 +
 
(b) two other members appointed by the President after consultation with the Speaker.
 
(b) two other members appointed by the President after consultation with the Speaker.
 
(Paragraph as substituted by s.5 of Act 23 of 1987 - Amdmt No.7; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Paragraph as substituted by s.5 of Act 23 of 1987 - Amdmt No.7; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
  
 +
 
(a) he is a member of Parliament or any local authority; or
 
(a) he is a member of Parliament or any local authority; or
 +
 
(Paragraph as amended by s.5 of Act 1 of 1983 - Amdmt No.3; and s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Paragraph as amended by s.5 of Act 1 of 1983 - Amdmt No.3; and s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(b) he is a public officer.
 
(b) he is a public officer.
 +
  
 +
 
(a) to supervise the registration of voters and the conduct of elections to Parliament and to the office of President; and
 
(a) to supervise the registration of voters and the conduct of elections to Parliament and to the office of President; and
 +
 
(b) subject to any Act of Parliament, to supervise the registration of voters and the conduct of elections to the governing body of any local authority; and
 
(b) subject to any Act of Parliament, to supervise the registration of voters and the conduct of elections to the governing body of any local authority; and
 +
 
(c) to consider any proposed Bill or proposed statutory instrument which may be referred to it and which relates to the registration of voters or to any election referred to in paragraph (a) or (b).
 
(c) to consider any proposed Bill or proposed statutory instrument which may be referred to it and which relates to the registration of voters or to any election referred to in paragraph (a) or (b).
 
(Subsection as substituted by s.10 of Act No.14 of 1996 - Amdmt No.14)
 
(Subsection as substituted by s.10 of Act No.14 of 1996 - Amdmt No.14)
 +
 
(4) (Subsection repealed by s.9 of Act 30 of 1990 - Amdmt No.11)
 
(4) (Subsection repealed by s.9 of Act 30 of 1990 - Amdmt No.11)
 +
 
(5) The Electoral Supervisory Commission may make such reports to the President concerning the matters under its supervision or any draft Bill or statutory instrument that is referred to it as it thinks fit and, if the Commission so requests in any such report other than a report on a draft Bill or statutory instrument, the Minister shall ensure that the report concerned is laid before Parliament.
 
(5) The Electoral Supervisory Commission may make such reports to the President concerning the matters under its supervision or any draft Bill or statutory instrument that is referred to it as it thinks fit and, if the Commission so requests in any such report other than a report on a draft Bill or statutory instrument, the Minister shall ensure that the report concerned is laid before Parliament.
 +
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(6) The Electoral Supervisory Commission shall not, in the exercise of its functions in terms of subsection (3) or (5), be subject to the direction or control of any person or authority.
 
(6) The Electoral Supervisory Commission shall not, in the exercise of its functions in terms of subsection (3) or (5), be subject to the direction or control of any person or authority.
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5; and amended by s.9 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5; and amended by s.9 of Act 30 of 1990 - Amdmt No.11)
 +
 
(7) An Act of Parliament may make provision for the powers and functions of the Electoral Supervisory Commission and, without prejudice to the generality of the foregoing, may make provision for the disqualifications, tenure of office and remuneration of the members thereof.
 
(7) An Act of Parliament may make provision for the powers and functions of the Electoral Supervisory Commission and, without prejudice to the generality of the foregoing, may make provision for the disqualifications, tenure of office and remuneration of the members thereof.
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
 +
 
(8) Where the members of the Electoral Supervisory Commission are not unanimous in regard to any matter, the view of the majority shall prevail.
 
(8) Where the members of the Electoral Supervisory Commission are not unanimous in regard to any matter, the view of the majority shall prevail.
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
 +
 
(9) The salary paid to a member of the Electoral Supervisory Commission shall not be reduced during his tenure of office.
 
(9) The salary paid to a member of the Electoral Supervisory Commission shall not be reduced during his tenure of office.
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
 
(Subsection as inserted by s.4 of Act 4 of 1985 - Amdmt No.5)
  
−
Article 62 Sessions
+
'''Article 62 Sessions'''
 +
 
 
(1) Subject to the provisions of subsection (2), the sessions of Parliament shall be held in such place and shall begin at such time as the President may, by proclamation in the Gazette, fix.
 
(1) Subject to the provisions of subsection (2), the sessions of Parliament shall be held in such place and shall begin at such time as the President may, by proclamation in the Gazette, fix.
 +
 
(2) There shall be a session of Parliament beginning in every calendar year so that a period of more than one hundred and eighty days shall not intervene between the last sitting of Parliament in any one session and the first sitting of Parliament in the next session.
 
(2) There shall be a session of Parliament beginning in every calendar year so that a period of more than one hundred and eighty days shall not intervene between the last sitting of Parliament in any one session and the first sitting of Parliament in the next session.
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 63 Prorogation or dissolution
+
'''Article 63 Prorogation or dissolution'''
 +
 
 
(1) The President may at any time prorogue Parliament.
 
(1) The President may at any time prorogue Parliament.
 
(Subsection as substituted by s.6 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as substituted by s.6 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2) Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.
 
(2) Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.
 
(Subsection as substituted by s.6 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as substituted by s.6 of Act 23 of 1987 - Amdmt No.7)
 +
 
(3) (Subsection repealed by s.6 of Act 23 of 1987 - Amdmt No.7)
 
(3) (Subsection repealed by s.6 of Act 23 of 1987 - Amdmt No.7)
 +
 
(4) Parliament, unless sooner dissolved, shall continue for five years beginning on the date when Parliament first meets after any general election and shall then stand dissolved:
 
(4) Parliament, unless sooner dissolved, shall continue for five years beginning on the date when Parliament first meets after any general election and shall then stand dissolved:
 
Provided that, where the period referred to in this subsection is extended under subsection (5) or (6), Parliament, unless sooner dissolved, shall stand dissolved on the expiration of that extended period.
 
Provided that, where the period referred to in this subsection is extended under subsection (5) or (6), Parliament, unless sooner dissolved, shall stand dissolved on the expiration of that extended period.
 +
 
(5) At any time when Zimbabwe is at war, Parliament may from time to time extend the period specified in subsection (4) by not more than one year at a time:
 
(5) At any time when Zimbabwe is at war, Parliament may from time to time extend the period specified in subsection (4) by not more than one year at a time:
 
Provided that such period shall not be extended under this subsection for more than five years.
 
Provided that such period shall not be extended under this subsection for more than five years.
 +
 
(6) At any time when there is in effect a declaration under section 31J(1), Parliament may from time to time extend the period specified in subsection (4) by not more than six months at a time:
 
(6) At any time when there is in effect a declaration under section 31J(1), Parliament may from time to time extend the period specified in subsection (4) by not more than six months at a time:
 
Provided that such period shall not be extended under this subsection for more than one year.
 
Provided that such period shall not be extended under this subsection for more than one year.
 +
 
(Subsection as amended by s.26 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as amended by s.26 of Act 23 of 1987 - Amdmt No.7)
 +
 
(7) Subject to the provisions of subsection (4), any prorogation or dissolution of Parliament shall be by proclamation in the Gazette and, in the case of a dissolution, shall take effect from the day preceding the day or first day, as the case may be, fixed by proclamation in accordance with section 58(1) for the holding of a general election.
 
(7) Subject to the provisions of subsection (4), any prorogation or dissolution of Parliament shall be by proclamation in the Gazette and, in the case of a dissolution, shall take effect from the day preceding the day or first day, as the case may be, fixed by proclamation in accordance with section 58(1) for the holding of a general election.
 
(8) On the dissolution of Parliament all proceedings pending at the time shall be terminated and accordingly every Bill, motion, petition or other business shall lapse.
 
(8) On the dissolution of Parliament all proceedings pending at the time shall be terminated and accordingly every Bill, motion, petition or other business shall lapse.
  
 +
== CHAPTER 6 ==
 +
 +
===THE EXECUTIVE===
  
−
CHAPTER 6-
+
'''[Chapter repealed by s.7 of Act 23 of 1987 - Amdmt No.7. See now Chapter IV above]'''
−
THE EXECUTIVE
 
  
−
[Chapter repealed by s.7 of Act 23 of 1987 - Amdmt No.7. See now Chapter IV above]
+
== CHAPTER 7 ==
  
 +
===THE PUBLIC SERVICE===
  
−
CHAPTER 7-
+
'''Article 73 Public Service'''
−
THE PUBLIC SERVICE
 
  
−
Article 73 Public Service
 
 
(1) There shall be a Public Service for the administration of the country.
 
(1) There shall be a Public Service for the administration of the country.
 +
 
(2) An Act of Parliament shall make provision for the organisation, administration and discipline of the Public Service, including the appointment of persons to posts or grades in the Public Service, their removal from office or reduction in grade, their punishment for misconduct and the fixing of their conditions of service.
 
(2) An Act of Parliament shall make provision for the organisation, administration and discipline of the Public Service, including the appointment of persons to posts or grades in the Public Service, their removal from office or reduction in grade, their punishment for misconduct and the fixing of their conditions of service.
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(Subsection as inserted by s.6 of Act 4 of 1993 - Amdmt No.12)
 
(Subsection as inserted by s.6 of Act 4 of 1993 - Amdmt No.12)
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(3) (Subsection repealed by s.6 of Act 4 of 1993 - Amdmt No.12)
 
(3) (Subsection repealed by s.6 of Act 4 of 1993 - Amdmt No.12)
  

Revision as of 10:46, 16 April 2010

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