Pathway to Prosperity Zimbabwe Case Study Part I: Inclusive Societies
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Constitution Building: Constitution (2013) a Global Review
Constitution Building: Constitution Building: A Global Review (2013) A Global Review Constitution Building: A Global Review (2013) Constitution building: A Global Review (2013) provides a review of a series of constitution building processes across the world, highlighting the possible connections between these very complex processes and facilitating a broad understanding of recurring themes. While not attempting to make a comprehensive compendium of each and every constitution building process in 2013, the report focuses on countries where constitutional reform was most central to the national agenda. It reveals that constitution building processes do matter. They are important to the citizens who took part in the popular 2011 uprisings in the Middle East and North Africa seeking social justice and accountability, whose demands would only be met through changing the fundamental rules of state and society. They are important to the politicians and organized interest groups who seek to ensure their group’s place in their nation’s future. Finally, they are important to the international community, as peace and stability in the international order is ever-more dependent on national constitutional frameworks which support moderation in power, inclusive development and fundamental rights. International IDEA Strömsborg, SE-103 34, Stockholm, Sweden Tel: +46 8 698 37 00, fax: +46 8 20 24 22 E-mail: [email protected], website: www.idea.int Constitution Building: A Global Review (2013) Constitution Building: A Global Review (2013) Edited by: Sumit -
Zimbabwe's Constitutional Reform Process
ZIMBABWE’S CONSTITUTIONAL REFORM PROCESS: CHALLENGES AND PROSPECTS Gwinyayi A. Dzinesa Published by the Institute for Justice and Reconcilation Wynberg Mews, Ground Floor, House Vincent, 10 Brodie Road, Wynberg 7800, South Africa www.ijr.org.za © 2012 Institute for Justice and Reconciliation First Published 2012 All rights reserved. ISBN 978-1-920219-41-3 Produced by Compress.dsl www.compressdsl.com Contents Introduction 1 Background 1 The Constitutional Commission’s draft constitution 2 The National Constitutional Assembly’s draft constitution 4 The Kariba Draft Constitution 5 The COPAC Process 5 Justice and reconciliation 8 Prospects for a constitutional referendum and elections 9 Conclusion 12 Notes 13 References 14 iii The constitution of a nation is not simply a statute which mechanically defines the structures of government and the relations between the government and the governed, it is a ‘mirror of the national soul’, the identification of the ideals and aspirations of a nation, the articulation of the values binding its people and disciplining its government. – Former Chief Justice of South Africa, Ismail Mohammed1 Introduction Zimbabwe is currently engaged in a constitution-making process led by a Select Committee of Parliament on the New Constitution (COPAC). The adoption of a new democratic constitution is a key requirement of the Global Political Agreement (GPA) signed in September 2008 by the three political parties represented in parliament – the Zimbabwe African National Union- Patriotic Front (ZANU-PF) led by Robert Mugabe, and the two formations of the Movement for Democratic Change (MDC), namely, the MDC-T led by Morgan Tsvangirai, and the MDC-N led by Welshman Ncube. -
Enforcing the Rule of Law in Zimbabwe
ZIMBABWE HUMAN RIGHTS NGO FORUM ENFORCING THE RULE OF LAW IN ZIMBABWE A report by the Research Unit of the Zimbabwe Human Rights NGO Forum Special Report 3 September 2001 Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe The Zimbabwe Human Rights NGO Forum (also known as the “Human Rights Forum”) has been in existence since January 1998. Nine non-governmental organisations working in the field of human rights came together to provide legal and psycho-social assistance to the victims of the Food Riots of January 1998. The Human Rights Forum has now expanded its objectives to assist victims of organised violence, using the following definition: “organised violence” means the interhuman infliction of significant avoidable pain and suffering by an organised group according to a declared or implied strategy and/or system of ideas and attitudes. It comprises any violent action which is unacceptable by general human standards, and relates to the victims’ mental and physical wellbeing. The Human Rights Forum operates a Legal Unit and a Research and Documentation Unit. Core member organisations of the Human Forum are: Amani Trust Amnesty International (Zimbabwe) Catholic Commission for Justice and Peace Legal Resources Foundation Transparency International (Zimbabwe) The University of Zimbabwe Legal Aid and Advice Scheme Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender Zimbabwe Human Rights Association Zimbabwe Lawyers for Human Rights Zimbabwe Women Lawyers Association Associate members are: GALZ and ZIMCET The Human Rights Forum can be contacted through any member organisation or the following personnel: The Administrator, c/o P O Box 5465, Harare – email: [email protected] The Legal Unit, c/o P O Box 5465, Harare – email: [email protected] The Research Unit c/o P O Box 5465, Harare – email: [email protected] Telephone: 792222 737509, 731660 Fax: 772860 Website: www.hrforumzim.com All earlier reports of the Human Rights Forum can be found on the website. -
Zimbabwe After Mugabe Hearing Committee On
ZIMBABWE AFTER MUGABE HEARING BEFORE THE SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION FEBRUARY 28, 2018 Serial No. 115–114 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PUBLISHING OFFICE 28–825PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 11:35 Apr 02, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 Z:\WORK\_AGH\022818\28825 SHIRL COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California DANA ROHRABACHER, California GREGORY W. MEEKS, New York STEVE CHABOT, Ohio ALBIO SIRES, New Jersey JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia MICHAEL T. MCCAUL, Texas THEODORE E. DEUTCH, Florida TED POE, Texas KAREN BASS, California DARRELL E. ISSA, California WILLIAM R. KEATING, Massachusetts TOM MARINO, Pennsylvania DAVID N. CICILLINE, Rhode Island MO BROOKS, Alabama AMI BERA, California PAUL COOK, California LOIS FRANKEL, Florida SCOTT PERRY, Pennsylvania TULSI GABBARD, Hawaii RON DESANTIS, Florida JOAQUIN CASTRO, Texas MARK MEADOWS, North Carolina ROBIN L. KELLY, Illinois TED S. YOHO, Florida BRENDAN F. BOYLE, Pennsylvania ADAM KINZINGER, Illinois DINA TITUS, Nevada LEE M. -
COUNTRY REPORT Progressive Reform in the New Constitution of Zimbabwe
COUNTRY REPORT Konrad-Adenauer-Stiftung e.V. COUNTRY ZIMBABWE TAWANA H. NYABEZE Links Progressive Reform in the New www.kas.de Constitution of Zimbabwe: A BALANCE BETWEEN THE PRESERVATIVE AND TRANSFORMATIVE CONSTI- TUTION MAKING PROCESS 1. Introduction The aim of the Lancaster House conference was to bring to an end the armed struggle that had raged for 2 decades between the colonialist settlers and the Indigenous Zimbabwean people. The nature of the conference was largely diplomatic, at least from the Britons side to such an extent that dialogue was open between every party in the then Rhodesia which explains Ian Smith’s UDI being also present . Some of the issues discussed during the Con- ference included, the land issue, free and fair elections, composition of the army, judiciary, police and the position of the white minority, thus the resultant negotiated document from the Conference was to be known as the Lancaster House Constitution. The Lancaster House Agreement was signed between the parties in December 1979, ending the civil war and paving the way for independence. Within a year, independence was granted and elections were held. The Lancaster House Constitution maintained the Bi-cameral legislature that was in place before the coming of independence. The Lancaster House Constitution provided for a justiciable Bill of Rights and a number of provisions were entrenched effectively, with a clause ousting the power of the legislature to amend provisions for several years for in- stance property rights. The motive behind this restriction was of course to ensure that the negotiations of the Lancaster House conference are not overtaken by the inherent power of the newly independent sovereign Zimbabwe to alter and shape its founding documents which would render the deliberations and resolutions agreed upon nugatory. -
To Amend the Constitution of Zimbabwe
DISTRIBUTED BY VERITAS Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: [email protected] VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION, BUT CANNOT TAKE LEGAL RESPONSIBILITY FOR INFORMATION SUPPLIED. Act No. 1 of 2009 Published in the Government Gazette Extraordinary of 13th February 2009 (General Notice 7A of 2009) Date of commencement: 13th February 2009. ACT To amend the Constitution of Zimbabwe. ENACTED by the President and the Parliament of Zimbabwe. 1 Short title This Act may be cited as the Constitution of Zimbabwe Amendment (No. 19) Act, 2008. 2 Interpretation In this Act “fixed date” means the date of commencement of this Act. 1 3 New Chapter substituted for Chapter II of Constitution Chapter II of the Constitution is repealed and the following is substituted “C HAPTER II CITIZENSHIP 4 Zimbabwean citizenship (1) There is a common Zimbabwean citizenship and all citizens are equal, that is to say citizens are entitled, subject to this Constitution, to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship. (2) It is the duty of every Zimbabwean citizen (a) to observe this Constitution and to respect its ideals and institutions; and (b) to respect the national flag and the national anthem; and (c) to the best of his or her ability, to defend Zimbabwe in time of need. (3) Every Zimbabwean citizen is entitled to the protection of the State wherever he or she may be. 1 Note by Veritas. 13th February 2009 [date of publication in the Government Gazette ]. -
Law » Review
Z IMBABWE » LAW » REVIEW Volume 7-8 1989-90 _ EDITORIAL BOARD (The Editorial Board consists of all Full-Time Academic Staff of the Faculty of Law) Prof. R H F Austin, BA, LLB (Cape Town), LLM (London), Legal Practitioner Associate Professor G Feltoe, BA (Rhodes), LLB (Lond), M Phil (Kent), Legal Practitioner C Goredema BL Hons, LLB (Z'bwe), LLM (Lond) B Hlatshwayo BL Hons, LLB (Z'bwe), LLM (Harvard) Legal Practitioner P Lewin BA (Rhodes), LLB (Cape Town), Legal Practitioner M Maboreke, BL Hons, LLB, M Phil. (Z'bwe) K Makamure, LLB, LLM (Lond) E Magade, BL Hons, LLB, M Phil (UZ)J Maguranyanga, BL Hons, LLB (Z'bwe), LLM (Lond), Legal Practitioner A J Manase, BL Hons, LLB (Z'bwe), LLM (Camb.), Legal Practitioner L M Mhlaba, BL Hons, LLB (Z'bwe), Dip. Sp. Etudes Jur. Francaises, DEA-Droit Public (Pau) Associate Professor W Ncube BL Hons, LLB, M Phil (Z'bwe) P Nherere, BL Hons, LLB (Z'bwe), LLM Cambridge, BCL (Oxford) V Nkiwane, BL Hons (Z'bwe), LLM (Warwick) T J Nyapadi, SRN, BA (Hons) (South Bank), LLM (Lond), FMIT (Lond'1 Barristcr-at-Law (Lincoln's Inn), Legal Practitioner S Nzontbe, BL Hons (Z'bwe), LLM (Lond) D A B Robinson, BA (Cape), MA (Oxon), Legal Practitioner M E Sekhonyana, B.Proc., LLB (Fort Hare), LLM (Z'bwe). E Sithole, BL Hons, LLB (Z'bwe), LLM (York), Legal Practitioner J Stewart, LLB (Lond) LTshuma, BL Hons, LLB (Z'bwe), LLM (Lond) Legal Practitioner J B Zowa, BL Hons, LLB (Z'bwe), Legal Practitioner { Issue Editors G Feltoe, M Maboreke, L Mhlaba Faculty of Law University of Zimbabwe POBox MP 167 Mount Pleasant Harare Zimbabwe THE ZIMBABWE LAW REVIEW VOLUME 7 1989-90 CONTENTS ARTICLES Page Whither Parliamentary Democracy: L. -
The Fourth Constitution-Making Wave of Africa: Constitutions 4.0?
_28.2_HESSEBON_ARTICLE 1 (DO NOT DELETE) 3/3/2015 11:39 AM THE FOURTH CONSTITUTION-MAKING WAVE OF AFRICA: CONSTITUTIONS 4.0? Gedion T. Hessebon* I. INTRODUCTION Anyone who follows current affairs in Africa would notice the number of constitution-making processes underway throughout the continent. This paper argues that these processes form part of a new and ongoing wave of constitution- making. This is the fourth wave of constitution-making in Africa, the products of which this article refers to as ―constitutions 4.0.‖ This article seeks to identify and discuss the causes, features, and distinguishing qualities of the fourth wave that set it apart from earlier constitution-making waves in Africa. Tentatively, two such features or solutions can be identified: first, the reduction of power of the executive to prevent abuse of incumbency; and second, the devolvement of government and constitutional decentralization to avoid politicized ethnicity. This paper then argues that the 2010 Kenyan Constitution is the most emblematic of the newest batch of African constitutions. Based on this premise, the Kenyan Constitution will serve as a case study to show the substantive and qualitative differences of constitutions 4.0 from earlier African constitutions. This article also references the constitutions of other African countries, such as Nigeria, Ethiopia, Ghana, and South Africa, whenever appropriate. Section II of this paper discusses the metaphor of constitution-making waves and its applicability in Sub-Saharan Africa. Discussions of the distinguishing features of constitutions 4.0 and the problems of incumbency abuse and politicized ethnicity in Kenya prior to the adoption of the Kenyan Constitution in 2010 follow. -
Zimbabwe 1 Introduction
Zimbabwe 1 Introduction The Republic of Zimbabwe is the country that used to be called Rhodesia. In 1923, the area was named Southern Rhodesia by the United Kingdom of which it was a colony. In 1965, the leader of Southern Rhodesia, Ian Smith, unilaterally declared independence of the country which became Rhodesia. The act of independence was immediately declared illegal by the United Kingdom. In the late 1960s and during the 1970s, armed liberation movements launched an internal guerrilla war of liberation. In 1979, Ian Smith’s government was forced to the negotiating table at Lancaster House, where an agreement was reached on a democratic constitution. Robert Mugabe was the first democratically elected leader of Zimbabwe. He was removed from power and as leader of the ruling Zanu-PF party in a quasi-military coup d’état on 19th November 2017. The same day, Mugabe’s wife, Grace, whom some viewed as his natural successor, was expelled from Zanu-PF 1 along with 20 of her associates. On 20th November 2017, it was announced that Vice-President Emmerson Mnangagwa would return to Zimbabwe to enter into talks with Robert Mugabe concerning succession to the leadership of both Zanu-PF and the country. That same day, a motion to impeach and hold a no-confidence vote against Robert Mugabe was drafted, Mugabe eventually resigned as president on 20th November 2017. The Mugabes were granted immunity from prosecution on 23rd November 2017. Emmerson Mnangagwa was officially appointed president of Zimbabwe on 24th November 2017 and secured his first full term as president in the 2018 national elections.2 It should be noted that the United States State Department’s 2019 Human Rights Report on Zimbabwe states that, despite some improvements from previous elections, both domestic and international observers raised serious concerns and called for further reforms to meet regional and international stan- dards for democratic elections. -
To Amend the Constitution of Zimbabwe
1st Draft: 17 th November, 2008 2nd Draft: 26 th November, 2008 3rd Draft: 27 November, 2008 BILL To amend the Constitution of Zimbabwe. ENACTED by the President and the Parliament of Zimbabwe. 1 Short title This Act may be cited as the Constitution of Zimbabwe Amendment (No. 19) Act, 2008. 2 Interpretation In this Act “fixed date” means the date of commencement of this Act. 3 New Chapter substituted for Chapter II of Constitution Chapter II of the Constitution is repealed and the following is substituted “C HAPTER II CITIZENSHIP 4 Zimbabwean citizenship (1) There is a common Zimbabwean citizenship and all citizens are equal, that is to say citizens are entitled, subject to this Constitution, to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship. (2) It is the duty of every Zimbabwean citizen (a) to observe this Constitution and to respect its ideals and institutions; and (b) to respect the national flag and the national anthem; and (c) to the best of his or her ability, to defend Zimbabwe in time of need. (3) Every Zimbabwean citizen is entitled to the protection of the State wherever he or she may be. (4) Zimbabwean citizenship may be acquired by birth, descent or registration. 5 Citizenship by birth (1) Everyone born in Zimbabwe is a Zimbabwean citizen by birth if, when he or she was born (a) either of his or her parents was a Zimbabwean citizen; or (b) either of his or her grandparents was a Zimbabwean citizen by birth or descent. -
Change and 'New' Politics in Zimbabwe
Change and ‘New’ Politics in Zimbabwe Interim Report of a Nationwide Survey of Public Opinion in Zimbabwe: June‐July 2012 Interim Report by Susan Booysen Fieldwork and data‐processing by Mass Public Opinion Institute, Harare 18 August 2012 CONTENTS Acronyms 3 Listing of Tables and Explanation of Select terms 4 EXECUTIVE SUMMARY 5 1 Introduction, methodology and political context, July 2012 FH survey 10 Methodology, Political setting, Structure of the Report 2 The 2012 mood in Zimbabwe—hope, optimism, doubt, reconsideration 14 Towards a national consensus? Direction in which Zimbabwe is moving, Idealism anchored in constitution‐making, referendum, elections 3 Party political change, 2009‐12 17 Provincial breakdown of party support and related vote response categories, Trust in the main parties – reflection of party support, Beliefs about the outcome of the next round of elections, Reasons for party choice, Indigenisation – nuances differentiating the supporters of the main parties, Profiling the main parties’ and undeclareds’ support bases, Party share of responsibility for good‐very good performance in Inclusive Government 4 Life in the times of Inclusive Government 26 Economic conditions – national and personal, Most serious problems Zimbabweans face, Economic conditions compared – today, yesterday and tomorrow, Lighter load of personal deprivations, Stagnating and declining assessments of the work of IG 5 Exploring assessments of the inclusive government 31 Trust in the MDC‐T and ZANU‐PF and benefits of IG accruing to the main political -
The Weaponisation of the Coronavirus Crisis in Zimbabwe: Legal and Extra-Legal Instruments
iBusiness, 2021, 13, 48-66 https://www.scirp.org/journal/ib ISSN Online: 2150-4083 ISSN Print: 2150-4075 The Weaponisation of the Coronavirus Crisis in Zimbabwe: Legal and Extra-Legal Instruments Gorden Moyo1, Kucaca Ivumile Phulu2 1Faculty of Social Sciences and Humanities, Lupane State University, Bulawayo, Zimbabwe 2Faculty of Public Law, University of South Africa, Pretoria, South Africa How to cite this paper: Moyo, G., & Phu- Abstract lu, K. I. (2021). The Weaponisation of the Coronavirus Crisis in Zimbabwe: Legal and This article sets out to examine the legal and extra-legal instruments deployed Extra-Legal Instruments. iBusiness, 13, by the ruling executive-military alliance in the fight against the scourge of the 48-66. COVID-19 pandemic in Zimbabwe. The ruling executive-military alliance led https://doi.org/10.4236/ib.2021.131004 by President Emmerson Mnangagwa has responded to the eruption of the Received: January 4, 2021 coronavirus by adopting a highly securitised approach backed by a battery of Accepted: March 22, 2021 legal and extra-legal instruments. It is therefore the argument of this article Published: March 25, 2021 that the Mnangagwa administration has weaponised COVID-19 in order to achieve some objectives beyond the public health concerns. In particular, the Copyright © 2021 by author(s) and government has sought to use the lockdown measures to clamp down on po- Scientific Research Publishing Inc. This work is licensed under the Creative litical opposition, silence critics, contain the restive population, and entrench Commons Attribution International its power and control over some key accountability institutions including the License (CC BY 4.0).