adminChapter 8
Judiciary
130. In 8.1(a) Delete “the Constitutional Court” and substitute with “the Supreme Court”
131. In 8.1(b) Delete “the Supreme Court” and substitute with “the Constitutional Court”
132. Add new clause 8.4.1(d) to read as follows:
“(d) the values and ideals of the liberation struggle”
133. In 8.5 Constitutional Court;
Adopt the current practice of the Supreme Court reconstituting itself as the Constitutional court to read as follows:
8.5 Constitutional Court
(1) The Constitutional Court is a superior court of record whose composition is as follows:
(a) the Chief Justice
(b) the Deputy Chief Justice
(c) all judges of Supreme Court –
but the Constitutional Court shall be duly constituted by at at least five judges of whom one shall be the Chief Justice or Deputy Chief Justice and other substantive judges of the Supreme Court
134. In 8.5(3)(a) Delete “all the judges of the Court” and substitute with “at least seven judges”
135. In 8.5(3)(b) Delete “three judges of the Court” and substitute with “five judges”
136. In 8.19 Delete and substitute with the following:-
“8.18 Appointment of judges
(1) The Chief Justice, the Deputy Chief Justice, the Judge Presidents of the High Court, Labour Court, Administrative Court and all other judges of Supreme Court, High Court, Labour and Administrative Courts, are appointed by the President after consultation with the Judicial Service Commission in accordance with this section.
(2) Whenever there is need to appoint a person to the office of a judge, the Judicial Service Commission must inform the President and invite him or her to make nominations.
(3)The Judicial Service Commission in considering the nomination must conduct interviews for candidates and advise the President accordingly
(4)If the President’s appointment of a Judge is not consistent with the recommendation made by the Judicial Service Commission, the President shall inform the Senate as soon as is practicable.”
137. In 8.20(1) Delete “Constitutional Court” and substitute with “Supreme Court”
138. In 8.24(2) Delete “or the next most senior judge available”
139. 8.25(1) and (2) Add “the Administrative Court” and “Labour Court”
140. In 8.28 to add a new paragraph “h” to read as follows:
(g) Delete “Civil” and substitute with “Public”
(h) a Chief nominated by the National Council of Chiefs
141. In 8.29 add a new clause (5) to read as follows:
“(5) To exercise any other functions as may be conferred on the Judicial Service Commission in terms of this Constitution or any other law.”
142. In 8.30 Delete and substitute with the following:-
“The Judicial Service Commission must conduct its business in a just, fair and transparent manner.”
Chapter 9
PRINCIPLES OF PUBLIC ADMINISTRATION AND LEADERSHIP
143. Combine Chapter 9 and Chapter 10 with Chapter 9 as the introduction of the current Chapter 10
144. Recast title of Chapter 9 as follows:
“Chapter 9”
PUBLIC SERVICE
PART 1
PRINCIPLES OF PUBLIC ADMINISTRATION AND LEADERSHIP
145. In 9.1(1) and (2) Delete “tiers” and substitute with “structures”
146. 9.4 Delete the clause
147. CHAPTER 10 becomes PART 2 of new Chapter 9 as follows:
“PART 2
PUBLIC SERVICE”
148. Replace “Civil” with “Public” to read “Public Service” throughout the draft
149. In old 10.1(2)(a) Delete “services” and substitute with “organs”
150. 10.3 Delete the entire clause
151. 10.7(2) Delete the entire clause
CHAPTER 11
SECURITY SERVICES
152. Replace “Services” in the title with “Organs” to read “SECURITY ORGANS” and throughout the chapter
153. 11.2(1)(b) Replace “services” with “force” to read the “Police Force”and replace accordingly throughout the chapter
154. 11.2(2) Delete and substitute with:
“(2) The security organs are subject to the authority of this Constitution and the President.”
155. In 11.2(3) Delete “services” and substitute with “organs”
156. In 11.3(1) Delete “services” and substitute with “organs”
157. 11.3.2delete the entire clause
158. 11.5 Delete the clause .
159. 11.6(1) Delete “services” and substitute with “organs”
160. 11.6 (3) Delete and substitute with the following:-
“(3) The defence forces must respect fundamental human rights and freedoms of every person and must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority.”
161. 11.7(2)(b) and (c) Delete “service” and substitute with “force”
162. 11.8(4) Delete entire clause
163. 11.9(b) Delete and substitute with:
“(b) outside Zimbabwe;
the President must cause Parliament to be informed.”
164. 11.10 Delete the clause
165. 11.11(2) Delete and substitute with:
“(2) Every Commander of the Defence Forces, and every Commander of a service of the Defence Forces, is appointed by the President after consultation with the Defence Force Service Commission.”
166. 11.11(3) Delete and substitute with:
“(3) Commanders of the Defence Forces and Commanders of services of the Defence Forces, are appointed for two terms of not more than five years each subject to annual renewal.”
167. 11.11(4) Delete the clause
168. 11.12 Add “forces” to read “Defence Forces Service Commission” throughout the draft.
169. In 11.12(1) Delete “civil” and substitute with “public”
170. Add new 11.13(d) to read as follows:
“(d) to determine the nature of disciplinary powers to be exercised over members of defence forces and the manner and the circumstances these are to be exercised.”
171. 11.14(2)(a) Delete and substitute with:
“(a) any intelligence service that may be established by law or administrative order;”
172. 11.15 Delete entire clause
173. 11.16(1) Delete and substitute with:
“(1) The Police Force is under the command of a Commissioner-General of Police appointed by the President after consultation with the Police Force Service Commission.”
174. 11.16(2) Delete and substitute with:
“(2) The Commissioner-General of Police is appointed for two five-year terms which may be renewed annually.”
175. 11.16(3) Delete the clause
176. In 11.16(4) Replace “. . . Minister responsible for the police” with “President”
177. Add new 11.18(d) to read as follows:
“(d) to determine the nature of disciplinary powers to be exercised over members of police force and the manner and the circumstances these are to be exercised.”
178. In 11.19(1) Delete “of a law or” and “Cabinet”
179. 11.19(2) Delete the clause
180. 11.20Delete entire clause
181. 11.21 In the heading delete and substitute with:
“Director-General of Intelligence Services”.
182. In11.21Replace “A person”with “The Director-General”
183. In 11.21(a) Delete “for a five-year term which may be renewed once and”
184. In 11.21(b)Replace”…Minister responsible for the intelligence services” with “President”
185. In PART 5 add “Prison” to the title to read as follows:
“PRISON and CORRECTIONAL SERVICES” and to change accordingly throughout the draft
186. 11.23 Delete entire clause
187. 11.24 Add “Prison and” after Commissioner-General
188. 11.25 Delete “General”
189. 11.24(1) Delete and substitute with:
“(1) The Prison and Correctional Service is under the command of a Commissioner of the Prison and Correctional Service appointed by the President after consultation with the Prison and Correctional Service.”
190. 11.24(3) Delete the clause
191. 11.24(4) Delete and substitute with:
“(3) The Commissioner of the Prison and Correctional Service must exercise his or her command in accordance with general written policy directives given by the President.”
192. 11.26(d)to read as follows:
“(d) to determine the nature of disciplinary powers to be exercised over members of Prison and Correctional services and the manner and the circumstances these are to be exercised.”
Chapter 12
Independent Commissions
193. Delete “Supporting Democracy” from the title to read:
INDEPENDENT COMMISSIONS
194. In 12.1(e) Delete and substitute with “The Public Protector”
195. Add new 12.2(g) to read as follows:
“(g) to promote and defend the values and ideals of the liberation struggle”
196. In 12.8(h) delete and substitute with
“In accordance with the Electoral law to accredit observers of elections and referendums;”
197. In 12.18.1(a) Delete “press and other media of communication” and substitute with “media”
198. In 12.18.1(b) Delete “press and other media of communication” and substitute with “media”
199. 12.18.1(c) Delete and replace with “to ensure observance of public interest, fairness and diversity of views in the media.”
190. 12.18.1(d) Delete and recast to read as follows: “to formulate and promote codes of conduct for persons employed in the media.”
191. In 12.18.(1)(j) Delete “Press” and substitute with “media”
192. 12.18.2(a)(i) Replace “press” with “media”
193. 12.18.2(a)(ii) Delete “press, print and electronic media and broadcasting”substitute with “media”.
194. 12.18.2(b) Delete “the press and other media of communication”and substitute with “media”
195. 12.18(3) Delete “the press and other media of communication” and substitute with “media”
196. PART 6 NATIONAL PEACE AND RECONCILIATION COMMISSION
Delete entire part and substitute with “Part 6 Office of the Public Protector” to read as follows;
OFFICE OF THE PUBLIC PROTECTOR
197. 12.20 Establishment and functions of office of Public Protector
(1) There is a Public Protector whose office is a public office but does not form part of the Public Service.
(2) The Public Protector has the following functions-
(a) to investigate action taken by any officer, person or authority referred to in paragraph (b) in the exercise of the administrative functions of that officer, person or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court.
(b) Subject to such exceptions and conditions as may be prescribed by or under an Act of Parliament, the provisions of paragraph (a) shall apply in respect of any action taken by the following officers and authorities-
(i) any Ministry or department or any member of such Ministry or department; and
(ii) such other persons or authorities as may be prescribed by or under an Act of Parliament for the purposes of this paragraph
(c) to receive and investigate complaints from members of the public about misconduct on the part of members of the security organs and
for remedying any harm caused by such misconduct
(d) to report to Parliament if he or she finds that any conduct referred to in paragraph (a) is improper or has resulted in impropriety or prejudice;
(e) to take or recommend appropriate action to remedy any improper or prejudicial conduct in State affairs or public administration; and
(f) to exercise any other function conferred or imposed upon the Public Protector by this Constitution or any other enactment.
(3) The Public Protector must be accessible to all persons and communities.
(4) An Act of Parliament may confer additional functions on the Public Protector and may regulate the manner in which the functions of the office may be exercised provided that the Public Protector’s independence and effectiveness are not compromised.
198. 12.21 Independence of Public Protector
Subject to this Constitution, the Public Protector-
(a) is independent and is not subject to the direction or control of anyone; and
(b) must exercise his or her functions without fear, favour or prejudice;
and though the Public Protector is accountable to Parliament for the efficient performance of his or her functions, Parliament may not interfere with him or her in such a way as to prevent him or her from performing the functions of the office impartially.
199. 12.22 Appointment and tenure of Public Protector
(1) The Public Protector is appointed by the President after consultation with the Judicial Service Commission and Committee on Standing Rules and Orders
(2) The Public Protector must be a person qualified for appointment as a judge of the High Court.
(3) The provisions relating to the removal of a judge from office apply to the removal of the Public Protector from office.
(4) The conditions of service of the Public Protector, including his or her remuneration, must be provided for in an Act of Parliament, but the remuneration must not be reduced during the Public Protector’s tenure of office.
(5) The remuneration of the Public Protector is a charge against the Consolidated Revenue Fund.
200. 12.23 Conduct of affairs of office of Public Protector
An Act of Parliament may provide for the practices and procedures to be adopted by the Public Protector and, in any matter that is not so provided for, the Public Protector may determine the practices and procedures to be followed, but any such procedures must be fair and promote transparency.
201. 12.24 Public Protector to report annually to Parliament
(1) The Public Protector must submit to the Senate and the National Assembly an annual report on the operations and activities of the office, the report being submitted not later than the end of March in the year following the year to which the report relates.
(2) An Act of Parliament may require the Public Protector to submit further reports in addition to the annual report specified in subsection (1).
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