Zimbabwe, and the procedure for their election is as prescribed in the electoral law. Such measures help preserve the consensusbuilding opportunity that. The zctu paralegal programme has a subject called introduction to law and is deliberately based on the framework used for firstyear law students at the university of zimbabwe. The chapter will conclude with a discussion of the lessons learned from the. Citizens by descent are persons born outside zimbabwe of either a mother or father who. This house adopts the report of copac on the progress and outcome of the constitutionmaking process. The independence constitution of 1980 was the result of the 1979 lancaster house agreement and is sometimes called the lancaster constitution. Reflections on constitutional preambles in the constitutionmaking exercises of postindependence cameroon and postapartheid south africa. He has been working on elections in thirty countries and territories including nepal, kenya, iraq, palestine, sudan, egypt, bosnia and herzegovina and zimbabwe. Since 2008 the wcoz has been actively engaged in the postconflict transformation processes in zimbabwe, especially in bringing women into the ongoing constitution making process, ending genderbased violence, and in peacebuilding. Establishment and composition of zimbabwe gender commission.
The ruling zanu pf party, with a majority in parliament, has despite constructive criticism of some bills by legislators from both sides of the house. The national constitution assembly, nca, was formed in 1997 and is a voluntary association of civil society organisations and individual civic groups. It is an institution of representative democracy under which the people elect representatives to act for them, as opposed to direct democracy under which the people enact legislation themselves through. Ultimately the new constitution was approved by 94. This is similar to devolution where enabling institutions and powers are devolved or delegated to lower levels of government. Such measures help preserve the consensusbuilding opportunity that a participatory process of constitution making offers.
Zimbabwe is a sovereign republic and shall be known as the republic of zimbabwe. Constitution making process in tanzania shoutafrica. A legislature embodies the idea that people are the source of political power in the state and should control the lawmaking process. Establishment and composition of zimbabwe media commission. Under a constitutional democracy, the kinds of laws which. Sep 28, 2015 zimbabwes constitution making process.
To understand the devolution debate in the zimbabwe constitution making process, we draw parallels from a number of countries where the devolutionist agenda has constituted significant root as well as contestation brazil, india, kenya, ghana and the united kingdom. Zimbabwe constitution was planned by academic staff from zimbabwean and south african universities. Constitution making process in zimbabwe research papers. The constitution of zimbabwe 20 has created an opportunity for devolution implementation and chapter four assesses whether national institutions are prepared to implement devolved governance and also makes suggestions for how their preparedness could be increased at national and sub. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and. Every zimbabwean has a duty and responsibility to participate. The new constitution of zimbabwe and its implications for. In devolution, local authorities have the mandate to. We will briefly examine some general issues of constitutional law and theory prominent in discussion of zimbabwes constitutional.
Factors influencing participation of rural women in. Is there labour right provision to strike in zimbabwe in. Developing a democratic constitutional framework through a. Zimbabweans are in the historic process of drafting a new constitution. Lawmaking process not democratic the zimbabwe independent. New zimbabwe constitution can usher in new culture of human. Zimbabwes new constitution presents a golden opportunity for the country to break away from a culture of impunity for human rights violations, amnesty international said today. They argue that the lancaster house constitution, regarded as a stopgap in 1980, has been amended 15 times only to entrench the ruling partys power and that it does not represent the people of zimbabwe. Industrial action is mainly an avenue through which workers can. A legislature embodies the idea that people are the source of political power in the state and should control the law making process. Challenges facing zimbabwe employees to embark on an industrial action have been articulated making zimbabwe one of the countries which does not easily allow industrial action to take place. Jul 19, 2011 a critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and one of the tenants of democratisation. The making or remaking of a constitution is of particular significance in divided and conflicted societies, where the process frequently is part of peacemaking and nationbuilding. President robert mugabe today signed into law a new constitution, following a threeyear constitutionmaking process to replace the lancaster house constitution adopted at independence in 1980.
Perspectives in aid of the constitution making process in. Constitution making process in zimbabwe sw radio africa. Country report progressive reform in the new constitution of. A ray of hope for the outlawing of corporal punishment in zimbabwe. Reports to and by zimbabwe human rights commission. Copac has issued this overview of the constitution making process. It also prescribes five different phases in which the constitution making process will be undertaken. An analysis of constitution of zimbabwe amendment no. The zimbabwe constitution does make provision for constitutional supremacy. Constitution of zimbabwe 20 pdf format note by veritas the new zimbabwe constitution was enacted by the constitution of zimbabwe amendment no. In the circumstances zimbabwe lawyers for human rights calls upon the government of zimbabwe to embark on a true constitutionmaking initiative with the interests of the people at heart and thus end the legacy of a patchedup ceasefire document which has played a large part in. Mindful of the fact that article 6 of the gpa further provides that copac must table the report and draft constitution of zimbabwe before this honourable house. Zimbabwes new constitution explained by cde fortune chasi.
Zimbabwe is currently undertaking a constitution making process partly to fulfil provisions of the global political agreement gpa, partly to afford citizens an opportunity to contribute to the making of a democratic indigenous constitution and partly to afford the nation an opportunity to transcend the past of violence, authoritarianism, impunity and arbitrary rule. To understand the devolution debate in the zimbabwe constitutionmaking process, we draw parallels from a number of countries brazil, india, kenya, ghana and the united kingdom. Are disability laws in zimbabwe compatible with the. View constitution making process in zimbabwe research papers on academia. Since 2008 the wcoz has been actively engaged in the postconflict transformation processes in zimbabwe, especially in bringing women into the ongoing constitutionmaking process, ending genderbased violence, and in peacebuilding. The constitution of zimbabwe 20 as a basis for local. Highlights of the interview conducted by napoleon nyanhi at star fm of the dep minister of justice, legal and parliamentary affairs cde fortune chasi. There are those who deserve special mention for making the publica.
The devolution debate and the new constitution of zimbabwe. This house adopts the report of copac on the progress and outcome of the constitution making process. Orirando manwere the current lawmaking process in which the executive initiates legislation, has proven to be partisan, undemocratic and at times counterproductive to the nation, the zimbabwe independent can report. May 22, 20 a ray of hope for the outlawing of corporal punishment in zimbabwe. The conference was held in harare in october 2009 and involved constitutional experts from zimbabwe, south africa, other african countries and europe germany.
Its main objectives are the promotion of awareness, critical debate and participation in the making of zimbabwes constitution through an open, transparent and accountable and people driven. Finally, based on the findings of the research teams, we put forward recommendations for the government of zimbabwe, for civil society organisations, and for the danish government. As prescribed under article 6 of the gpa, a parliamentary select committee on the new constitution copac was established to drive this process. Pdf debating the inconsistencies between constitutional. The process is being carried out as one of the major deliverables of the global political agreement gpa which was signed on 15 september 2008. Some of the experts had wide ranging experience in constitutionmaking processes. Introduction in the past two decades the people of zimbabwe have been grappling with the question of how a peopledriven. The study recommends a constitutionmaking process model that zimbabwe should adopt to produce a peopledriven constitution democratically. Reflecting on zimbabwes constitution making process. This is in contrast to a parliamentary democracy, such as that in the united kingdom, where parliament is supreme and may make whatever laws it wishes. A key feature of nsp governance in zimbabwe is the centralization of decision making in the office of the president and cabinet which deals with national emergencies, crises and high impact security issues both internal and external to the country. The making or remaking of a constitution is of particular significance in divided and conflicted societies, where the process frequently is part of peacemaking and nationbuilding endeavors. Preparatory stage according to article vi of the gpa, one of the first steps towards crafting a new constitution for zimbabwe, was the appointment of the select committee on the constitution making process in april, 2009.
The constitutionmaking process in zimbabwe will be people driven. Acts of parliament and procedure for their enactment. Constitution making and the right to take part in a public affair. The constitution of zimbabwe is the supreme law of zimbabwe. Evaluation of the national constitutional assembly nca of. It seems to have been assumed by those involved in the constitution making process that zimbabwe should be a constitutional democracy.
An act of parliament may make provision, consistent with this chapter, for a. A critical legal analysis of the supreme court decision delivered on february 2017 in the case concerning the interviews for the position of chief justice of zimbabwe. A question of balance the zimbabwean media and the. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and one of the tenants of democratisation. Pdf developing a democratic constitutional framework through a.
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