Zimbabwe

Section 97 states:

(1) The Senate and the National Assembly, by a joint resolution passed by at least one-half of their total membership, may resolve that the question whether or not the President or a Vice President should be removed from office for:…

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

(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:

(1) The Senate and the National Assembly, by a joint resolution passed by at least one-half of their total membership, may resolve that the question whether or not the President or a Vice President should be removed from office for:…

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

(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 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:

(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:

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.

 

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)