Zimbabwe

Constitution of Zimbabwe (2013)

Updated: July 2019

(2) Upon the passing of a resolution in terms of subsection (1), the Committee on Standing Rules and Orders must appoint a joint committee of the Senate and the National Assembly consisting of nine members reflecting the political composition of Parliament, to investigate the removal from office of the President or Vice-President, as the case may be.

(3) If—

(a) the joint committee appointed in terms of subsection (2) recommends the removal from office of the President or Vice-President; and
(b) the Senate and the National Assembly, by a joint resolution passed by at least two-thirds of their total membership, may resolve that the President or -Vice-President, as the case may be, should be removed from office; the President or Vice-President thereupon ceases to hold office.

Section 100, subsection 1 states:

Whenever the President is absent from Zimbabwe or is unable to exercise his or her official functions through illness or any other cause, those functions must be assumed and exercised:

(a) by the first Vice President;
(b) where the first Vice-President is unable to exercise those functions, by the second Vice-President; or
(c) if there is no Vice-President who is able to exercise the functions, by a Minister—
- (i) designated for such an eventuality by the President; or
- (ii) nominated by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i).

Section 101 states:

(1) If the President dies, resigns or is removed from office—

(a) the first Vice-President assumes office as President until the expiry of the former President’s term of office;
(b) the second Vice-President assumes office as first Vice-President until the expiry of the former President’s term of office; and
(c) upon assuming office as President, the former first Vice-President must appoint a qualified person to be second Vice-President until the expiry of the former President’s term of office.

(2) If the first Vice-President dies, resigns or is removed from office—

(a) the second vice-President assumes office as first Vice-President until the expiry of the former first Vice-President’s term of office; and
(b) the President must without delay appoint a qualified person to be second Vice-President until the expiry of the former first Vice-President’s term of office.

Section 129, subsection 1 states:

The seat of a Member of Parliament becomes vacant--…

(m) if the Member is certified to be mentally disordered or intellectually handicapped under any law in force in Zimbabwe;...

Section 135, subsection 2 states:

Subject to Standing Rules and Orders, the President of the Senate is the deputy head of Parliament and acts as head whenever the Speaker is for any reason unable to do so.

Section 181 states:

(1) If the office of Chief Justice is vacant or if the office-holder is unable to perform the functions of the office, the Deputy Chief Justice acts in his or her place, but if both offices are vacant or both office-holders are unable to perform their functions, the next most senior judge of the Constitutional Court acts as Chief Justice.

(2) If the office of—

(a) Judge President of the High Court;
(b) Judge President of the Labour Court; or
(c) Judge President of the Administrative Court; is vacant or if the office-holder is unable to perform the functions of that office, the next most senior judge of the court concerned acts as Judge President…

Section 187, subsection 1 states:

(1) A judge may be removed from office only for:

(a) inability to perform the functions of his or her office, due to mental or physical incapacity…and a judge cannot be removed from office except in accordance with this section.

(2) If the President considers that the question of removing the Chief Justice from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(3) If the Judicial Service Commission advises the President that the question of removing any judge, including the Chief Justice, from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(4) A tribunal appointed under this section must consist of at least three members appointed by the President, of whom–

(a) at least one must be a person who—
- (i) has served as a judge of the Supreme Court or High Court in Zimbabwe; or
- (ii) holds or has held office as a judge of a court with unlimited jurisdiction in civil or criminal matters in a country whose common law is Roman-Dutch or English, and English is an officially recognised;
(b) at least one must be chosen from a list of three or more legal practitioners of seven years’ standing or more who have been nominated by the association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe.

(5) The association referred to in subsection (4)(b) must prepare the list referred to in that subsection when so required by the President.

(6) The President must designate one of the members of a tribunal appointed under this section to be chairperson of the tribunal.

(7) A tribunal appointed under subsection (2) or (3) must inquire into the question of removing the judge concerned from office and, having done so, must report its findings to the President and recommend whether or not the judge should be removed from office.

(8) The President must act in accordance with the tribunal’s recommendation in terms of subsection (7)... (11) An Act of Parliament may empower the Judicial Service Commission or a tribunal appointed under this section to require any judge to submit to a medical examination by a medical board established for that purpose, in order to ascertain his or her physical or mental health.

Section 237 states:

(1) A member of an independent Commission may be removed from office only on the ground that the member concerned:

(a) is unable to perform the functions of his or her office because of physical or mental incapacity…

(2) The procedure for the removal of judges from office applies to the removal from office of a member of an independent Commission.

Section 272, subsection 7 states:

An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing chairpersons of provincial councils from office, but any such removal must only be on the grounds of—

(a) inability to perform the functions of their office due to mental or physical incapacity…

Section 278, subsection 2 states:

An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of—

(a) inability to perform the functions of their office due to mental or physical incapacity…

Section 313 states:

(1) The Auditor-General may be removed from office only for--

(a) inability to perform the functions of his or her office because of mental or physical incapacity;
(b) gross incompetence; or
(c) gross misconduct.

(2) If the Minister responsible for finance, with the concurrence of the parliamentary committee responsible for public accounts, informs the President that the question of removing the Auditor-General from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(3) A tribunal appointed under subsection (2) must consist of at least three members appointed by the President, of whom—

(a) at least one must be a person who has served as a judge; and
(b) at least one must be chosen from a panel of at least three persons who have been nominated by the institute or association established by law to represent public auditors in Zimbabwe.

(4) The institute or association referred to in subsection (3)(b) must nominate the panel referred to in that subsection when called upon to do so by the President.

(5) A tribunal appointed under subsection (2) must inquire into the question of removing the Auditor-General from office and, having done so, must report its findings to the President and recommend whether or not the Auditor-General should be removed, and if the tribunal so recommends the President must, by order under the public seal, remove the Auditor-General from office….

Section 340, subsection 4 states:

Where a deputy is appointed to a person holding an office under this Constitution, the deputy may exercise any of the functions of the office whenever the office-holder is for any reason unable to perform them.

Fourth Schedule, section 2 states:

A person is disqualified to be registered as a voter—

(a) while he or she is detained as mentally disordered or intellectually handicapped under an Act of Parliament relating to mental health;
(b) if he or she has been declared by order of a court to be incapable of managing his or her affairs, for so long as the order remains in force…

Sixth Schedule, section 14, subsection 3 states:

Where—

(a) one Vice-President is appointed in terms of subparagraph (2), that person is the first Vice-President for the purposes of this Constitution;
(b) two Vice-Presidents are appointed in terms of subparagraph (2), the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable exercise his or her official functions through illness or any other cause.

Candidacy or holding office

Section 97 states:

(d) inability to perform the functions of the office because of physical or mental incapacity; should be investigated in terms of this section.

(3) If—

(a) the joint committee appointed in terms of subsection (2) recommends the removal from office of the President or Vice-President; and
(b) the Senate and the National Assembly, by a joint resolution passed by at least two-thirds of their total membership, may resolve that the President or -Vice-President, as the case may be, should be removed from office; the President or Vice-President thereupon ceases to hold office.

Section 100, subsection 1 states:

Whenever the President is absent from Zimbabwe or is unable to exercise his or her official functions through illness or any other cause, those functions must be assumed and exercised:

(a) by the first Vice President;
(b) where the first Vice-President is unable to exercise those functions, by the second Vice-President; or
(c) if there is no Vice-President who is able to exercise the functions, by a Minister—
- (i) designated for such an eventuality by the President; or
- (ii) nominated by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i).

Section 101 states:

(1) If the President dies, resigns or is removed from office—

(a) the first Vice-President assumes office as President until the expiry of the former President’s term of office;
(b) the second Vice-President assumes office as first Vice-President until the expiry of the former President’s term of office; and
(c) upon assuming office as President, the former first Vice-President must appoint a qualified person to be second Vice-President until the expiry of the former President’s term of office.

(2) If the first Vice-President dies, resigns or is removed from office—

(a) the second vice-President assumes office as first Vice-President until the expiry of the former first Vice-President’s term of office; and
(b) the President must without delay appoint a qualified person to be second Vice-President until the expiry of the former first Vice-President’s term of office.

Section 120, subsection 1 states:

The Senate consists of eighty Senators, of whom:…

(d) two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.

Section 121, subsection 3 states:

A person is qualified for election as a Senator… if he or she is a person with a disability as defined in the Electoral Law, unless he or she is disqualified under subsection (4) or (5).

Section 129, subsection 1 states:

The seat of a Member of Parliament becomes vacant--…

(m) if the Member is certified to be mentally disordered or intellectually handicapped under any law in force in Zimbabwe;...

Section 135, subsection 2 states:

Subject to Standing Rules and Orders, the President of the Senate is the deputy head of Parliament and acts as head whenever the Speaker is for any reason unable to do so.

Section 157, subsection 1 states:

An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters:…

(e) the election of representatives of persons with disabilities under section 120(1)(d)…

Section 181 states:

(2) If the office of—

(a) Judge President of the High Court;
(b) Judge President of the Labour Court; or
(c) Judge President of the Administrative Court; is vacant or if the office-holder is unable to perform the functions of that office, the next most senior judge of the court concerned acts as Judge President…

Section 187, subsection 1 states:

A judge may be removed from office only for:

(a) inability to perform the functions of his or her office, due to mental or physical incapacity…and a judge cannot be removed from office except in accordance with this section.

(2) If the President considers that the question of removing the Chief Justice from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(4) A tribunal appointed under this section must consist of at least three members appointed by the President, of whom–

(a) at least one must be a person who—
- (i) has served as a judge of the Supreme Court or High Court in Zimbabwe; or
- (ii) holds or has held office as a judge of a court with unlimited jurisdiction in civil or criminal matters in a country whose common law is Roman-Dutch or English, and English is an officially recognised;
(b) at least one must be chosen from a list of three or more legal practitioners of seven years’ standing or more who have been nominated by the association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe.

(5) The association referred to in subsection (4)(b) must prepare the list referred to in that subsection when so required by the President.

(6) The President must designate one of the members of a tribunal appointed under this section to be chairperson of the tribunal.

(8) The President must act in accordance with the tribunal’s recommendation in terms of subsection (7)...

(11) An Act of Parliament may empower the Judicial Service Commission or a tribunal appointed under this section to require any judge to submit to a medical examination by a medical board established for that purpose, in order to ascertain his or her physical or mental health.

Section 237 states:

(1) A member of an independent Commission may be removed from office only on the ground that the member concerned:

(a) is unable to perform the functions of his or her office because of physical or mental incapacity…

(2) The procedure for the removal of judges from office applies to the removal from office of a member of an independent Commission.

Section 272, subsection 7 states:

(a) inability to perform the functions of their office due to mental or physical incapacity…

Section 278, subsection 2 states:

(a) inability to perform the functions of their office due to mental or physical incapacity…

Section 313 states:

(1) The Auditor-General may be removed from office only for--

(a) inability to perform the functions of his or her office because of mental or physical incapacity;
(b) gross incompetence; or
(c) gross misconduct.

(3) A tribunal appointed under subsection (2) must consist of at least three members appointed by the President, of whom—

(a) at least one must be a person who has served as a judge; and
(b) at least one must be chosen from a panel of at least three persons who have been nominated by the institute or association established by law to represent public auditors in Zimbabwe.

(4) The institute or association referred to in subsection (3)(b) must nominate the panel referred to in that subsection when called upon to do so by the President.

Section 340, subsection 4 states:

Sixth Schedule, section 14, subsection 3 states:

Where—

(a) one Vice-President is appointed in terms of subparagraph (2), that person is the first Vice-President for the purposes of this Constitution;
(b) two Vice-Presidents are appointed in terms of subparagraph (2), the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable exercise his or her official functions through illness or any other cause.

Excerpts from the Constitution of Zimbabwe (2013)

Section 6, subsection 1 states:

The following languages, namely…sign language… are the officially recognized languages of Zimbabwe.

Section 6, subsection 4 states:

The State must promote and advance the use of all languages used in Zimbabwe, including sign language, and must create conditions for the development of those languages.

Section 22, subsection 1 states:

The State and all institutions and agencies of government at every level must recognize the rights of persons with physical or mental disabilities, in particular their right to be treated with respect and dignity.

Section 22, subsection 2 states:

The State and all institutions and agencies of government at every level must, within the limits of the resources available to them, assist persons with physical or mental disabilities to achieve their full potential and to minimize the disadvantages suffered by them.

Section 22, subsection 3 states:

In particular, the State and all institutions and agencies of government at every level must:

(a) develop programs for the welfare of persons with physical or mental disabilities, especially work programs consistent with their capabilities and acceptable to them or their legal representatives;
(b) consider the specific requirements of persons with all forms of disability as one of the priorities in development plans;
(c) encourage the use and development of forms of communication suitable for persons with physical or mental disabilities; and
(d) foster social organizations aimed at improving the quality of life of persons with all forms of disability.

Section 22, subsection 4 states:

The State must take appropriate measures to ensure that buildings and amenities to which the public has access are accessible to persons with disabilities.

Section 56, subsection 3 states:

Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their…disability…

Section 83 states:

The State must take appropriate measures, within the limits of the resources available to it, to ensure that persons with disabilities realize their full mental and physical potential, including measures:

(a) to enable them to become self-reliant;
(b) to enable them to live with their families and participate in social, creative or recreational activities;
(c) to protect them from all forms of exploitation and abuse;
(d) to give them access to medical, psychological and functional treatment;
(e) to provide special facilities for their education; and
(f) to State-funded education and training where they need it.

Section 155, subsection 2 states:

The State must take all appropriate measures, including legislative measures, to ensure that effect is given to the principles set out in subsection (1) and, in particular, must—…

(b) ensure that every citizen who is eligible to vote in an election or referendum has an opportunity to cast a vote, and must facilitate voting by persons with disabilities or special needs…

Zimbabwe

Constitution of Zimbabwe (2013)

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Excerpt from the Constitution of Zimbabwe (2013)

Candidacy or holding office

Excerpts from the Constitution of Zimbabwe (2013)

Excerpts from the Constitution of Zimbabwe (2013)

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