Zimbabwe's heritage is deeply intertwined with its history, particularly the Second Chimurenga (liberation war). This war serves as a defining moment, shaping national identity and aspirations. It embodies political, cultural, and economic principles that continue to resonate. Undermining this heritage is seen as an attack on the nation itself. A heritage, in this context, is a legacy—a pivotal event, achievement, tradition, or ideal—that unites a nation, evokes strong emotional ties, and is considered worth defending, even through armed conflict.
Social and Cultural Heritage: A Blend of Influences
Zimbabwean culture is a reflection of its diverse ethnic and tribal groups. Shona people comprise the majority (approximately 84%), followed by Ndebele (around 7%), and other groups, including Tonga, Venda, Kalanga, Chewa, and others (also around 7%). The white population is now less than 0.1%. While the Ndebele are a smaller group, their cultural influence is significant, extending to neighboring Shona communities and smaller groups. Culture in Zimbabwe is dynamic, and while variations exist, a shared "African culture" within Zimbabwe is a valid generalization.
Key elements of this Zimbabwean African culture include:
Family: Strong emphasis on nuclear and extended family structures.
Respect: Deep respect for elders, parents, and authority figures.
Work Ethic: Value placed on hard work and honest labor.
Morality: Adherence to traditional moral codes regarding dress, sex, and marriage.
However, modern media has significantly impacted these traditions. Television, radio, and print media have introduced foreign influences on diet, dress, family structures, marriage, sexuality, and the extended family. This has contributed to rising divorce rates, increased prevalence of sexually transmitted diseases (including AIDS), and a growing consumerist culture, which can clash with traditional values and economic realities. These changes are often attributed to the influence of "white culture," leading to feelings of inadequacy and a decline in self-respect among some urbanized Africans.
Traditional African diets, rich in small grains, legumes, fruits, vegetables, and nuts, are seen as naturally preventing diseases like obesity and related health issues. Traditional medicine and herbal remedies are also considered important for health and well-being. Marriage and family are viewed as the bedrock of society, and premarital sex, divorce, prostitution, and LGBTQ+ identities are seen as undermining these foundations.
Religion is a complex area. While opinions vary, traditional African values are seen as aligning with many core principles of Christianity, such as respect for elders, moral conduct, and caring for others. The primary difference is often seen as the methods of worship. Some traditional African practices are viewed as superstitious, just as some contemporary Christian churches are seen as having pagan influences. Maintaining traditional morals while potentially adapting Christian methods of worship is advocated.
The debate around African culture often involves contrasting it with "white culture," which is sometimes perceived as incomplete in its Christianity and even as "devilish" due to perceived immorality. However, this comparison is often criticized for using "white" values as a benchmark, rather than grounding discussions in traditional African practices and comparing them with biblical principles. African values are seen as promoting morality, hard work, and respect for family and authority, with a strong belief in God.
The Second Chimurenga also shapes economic and political values. Economically, it established the principle that Zimbabwe's natural resources belong to all Zimbabweans, regardless of race. The land question remains central, with calls for equitable distribution. It is argued that economic activity should primarily benefit Zimbabweans, leveraging the country's skilled labor, climate, and natural resources. Politically, the Second Chimurenga affirms national sovereignty and the right to self-determination through democratic processes. However, it's argued that true political emancipation must lead to economic emancipation, a struggle that continues against neocolonial influences and the perceived psychological warfare waged through global media and local collaborators. This struggle includes combating corrupted democratic processes where voters' perceptions are manipulated to favor vested interests.
Zimbabwe: Resources, Identity, Challenges, and Solutions
Zimbabwe possesses significant natural resources, contributing to its strategic importance:
Land: Approximately 310 million square miles with a favorable climate and average rainfall of 1500mm.
Minerals: Abundant mineral wealth, including chrome, iron, coal, gold, copper, tin, diamonds, platinum, nickel, and uranium. Its chrome, platinum, nickel, and coal reserves are globally significant. However, control and value addition of these resources remain a challenge.
Wildlife: Major game parks rivaling the Serengeti in size and biodiversity. The "Big Five" are particularly abundant.
People: Population of approximately 14 million with high literacy rates (around 97%) and a diverse skill base. However, Western countries have attempted to destabilize the nation, but the people have resisted these efforts.
National Symbols:
National Anthem: Inspired by the liberation war, it embodies the nation's origins, history, beliefs, and aspirations.
National Flag: Represents the state and its authority. The red star symbolizes socialist ideals, the Zimbabwe bird represents historical prowess, white signifies peace, red stripes represent liberation war heroes, yellow represents mineral wealth, green represents flora and fauna, and black represents the indigenous African population. Respect for the flag is expected.
Great Zimbabwe Monument: A testament to ancient architectural skill and a symbol of African achievement.
Victoria Falls: A natural wonder and major tourist attraction.
Civic Responsibilities:
Citizens have responsibilities in managing disasters (pandemics, floods, droughts, industrial accidents), disease (through healthy lifestyles and reporting infections), and environmental protection. Drought management requires a shift towards drought-resistant small grains and away from maize. Patriotism is crucial, encompassing physical defense, positive publicity, tax payment, environmental consciousness, and respect for diversity.
Economic and Social Problems Since 1980:
Zimbabwe has faced numerous economic and social challenges:
Rural Development: Need to develop rural areas to curb urban migration, addressing a century of colonial neglect.
Economic Redistribution: Reorienting economic priorities to benefit the entire population, not just a small elite.
Access to Basic Services: Providing healthcare, education, and shelter for all.
Recurring Droughts: Negative impacts on the economy and agricultural production.
Unfavorable Terms of Trade: Challenges in international trade.
Economic Decline and Unemployment: Shrinking economy and rising unemployment.
Inflation and Currency Devaluation: High inflation and declining currency value.
Price Increases: Rising prices of basic goods due to speculation.
Falling Commodity Prices: Decreasing prices for key exports.
Disinvestment: Reduced investment due to indigenization policies.
Political Interference: External influence in domestic politics.
Brain Drain: Emigration of skilled workers.
Corruption and Moral Decline: Corruption and declining moral values, contributing to issues like AIDS.
Government Efforts to Address Problems:
The government has implemented various strategies to address these challenges:
Drought Mitigation: Grain imports, dam construction, strategic grain reserves, and seed distribution. Land redistribution aims to reduce pressure on rural areas and improve agricultural productivity.
Employment Creation: Efforts through the Ministry of Employment Creation and Indigenization.
Economic Policy Shifts: Moving away from externally driven policies like ESAP towards homegrown solutions. Focus on cooperation with East Asian economies.
Regional Trade: Strengthening trade ties through SADC and COMESA.
Cost-Sharing: Implementing cost-sharing in education and health.
Empowerment Programs: Indigenization, Affirmative Action, SEDCO, and land redistribution to address unemployment.
Monetary Policy and Anti-Corruption: Efforts to reduce inflation.
Moral and Cultural Renewal: Promoting traditional values to address social issues like AIDS.
Entrepreneurship: Encouraging self-employment.
Questions and Answers:
Question: The major causes of the Anglo-Ndebele War of 1893 were:Answer: All of the listed options (loss of power, land issue, chieftainship issue, Rhodes's desire to spread British influence).
Question: The Act which stipulated that there was no skilled black worker was:Answer: The Industrial Conciliation Act.
Question: The Geneva Conference was held in:Answer: 1976.
Question: The legislation that restricted the size of acreage and the number of cattle an African family could own was:Answer: The Land Husbandry Act 1951.
Question: The central issue in the History of Zimbabwe has been:Answer: The land issue.
Question: The yellow color on the Zimbabwe flag represents:Answer: The mineral wealth of the country.
Question: The Great Zimbabwe Kingdom had notable achievements such as:Answer: All of the above (architecture, legal and commercial systems).
Question: The notable concession, which formed the dislodgement of Lobengula, was:Answer: The Rudd Concession.
Question: The Anglo-American TNC was developed from 1890 onwards and funded by:Answer: British South Africa Company.
Question: The Patriotic Front was an alliance between the:Answer: ZAPU and ZANU.
Question: The Land Apportionment Act of 1930 effectively:Answer: Led to the dispossession of natives of much of their fertile land.
Question: The reason why Smith negotiated for the internal settlement was to:Answer: A complex mix of reasons, primarily to end the guerrilla war and maintain some form of white minority rule.
Question: Which of the following contributed to the rise of the 1st Chimurenga?Answer: The introduction of forced labor.
Question: The following were causes of the Third Chimurenga except:Answer: The occupation of farms by ex-combatants (this was a manifestation).
Question: The reconciliation policy adapted in 1980 was aimed at:Answer: Forgiving the settler colonialists and integrating black natives.
Question: The green color on our Zimbabwean flag represents:Answer: The flora and fauna.
Question: The National flag together with the court of arms represents:Answer: Our statehood.
Question: The document, which is known as the political protection document is:Answer: The Royal Charter.
Question: The following were participants to the Berlin Conference except:Answer: (Confirm with a reliable source, but Spain was involved.)
Question: Which country participated as an observer to the Berlin Conference?Answer: The U.S.A.
Question: One of the main reasons for the Berlin Conference was to:Answer: To lay down rules for the partition and exploitation of Africa.
Question: The strike that paralyzed all industrial and commercial activity in all cities was called in:Answer: 1948.
Question: The Federation was created in:Answer: 1953.
Question: The following countries were part of the Federation except:Answer: South Africa.
Question: Which of the following parties was formed in 1955?Answer: The African National Congress (ANC).
Question: Who chaired the 1979 Lancaster House Conference on Zimbabwe?Answer: Lord Carrington.
Question: Creation of Polytechnic Colleges by the Government is a sign of:Answer: Commitment to national development.
Question: Which of the leaders listed below assisted the ZANLA forces greatly during the armed struggle?Answer: All of the listed leaders.
Question: Which statement is not true of the history of Zimbabwe and heritage?Answer: It provides a detailed analysis of party politics.
Question: Which color on the national flag symbolizes the abundance of mineral wealth:Answer: Yellow.
Question: The main reason for Europeans obtaining colonies in the late 19th century was to:Answer: Obtain raw materials.
Question: The Zimbabwe bird on the Zimbabwean flag represents:Answer: The country's historical and cultural heritage.
Question: The unity accord between ZANU and ZAPU was signed in:Answer: 1987.
Question: The Responsible Government that then replaced the BSAC rule in Southern Rhodesia came into existence in:Answer: 1923.
Question: The missionary who pretended to be Lobengula’s friend when in fact was advancing the interest of the British was called:Answer: C.D. Helm.
Question: Which of the following symbols is not a Zimbabwean Heritage preservation item?Answer: Bible.
Question: The law that was passed so as to restrict competition between poor white farmers and the African and to protect white farmers economically was the:Answer: Maize Control Act 1931.
Question: The Land Apportionment Act of 1969 resulted in the land being divided along:Answer: Racial lines.
Question: In post-independent Zimbabwe the integration of the Army was difficult mainly because:Answer: During the war there had been three armies.
Question: Which of the statements is untrue of the Land Husbandry Act?Answer: It forced the whole African people to ally with the Urban African against the settler regime.
Question: The major characteristics of neo-colonialism are:Answer: All of the above.
Question: Leaders in developing countries who protect foreign interests are known as:Answer: Puppets.
Question: Which political party among the following in Zimbabwe represent the Interests of the Bourgeoisie?Answer: (Requires analysis of specific party platforms.)
Question: Which one of the individuals listed below disappeared during the struggle for independence?Answer: Edson Sithole.
Question: Z.A.N.U. was formed in:Answer: 1963.
Question: Classes in Society simply imply the existence of:Answer: Class contradiction in the society.
Question: The emergence of pressure groups and increased sanctions on Zimbabwe was largely due to:Answer: A combination of factors related to land reform, democracy, and human rights.
Question: Which pair played a major role in deceiving Lobengula?Answer: Charles Helm and John Moffat.
Question: Early socialization for the African child has been carried out for a long time through the:Answer: Family.
Question: Patriotism can be best defined as a:Answer: A strong sense of belonging, identity, responsibility, and accountability.
Question: The battle that marked the beginning of the second Chimurenga in 1966:Answer: Chinhoyi battle.
Question: The keeps or protected villages were introduced in order to:Answer: Deny guerrillas food and a political base.
Question: The ZANU Chairman in 1964 who was assassinated in Zambia on 18 March 1975 was:Answer: Herbert Chitepo.
Question: In 1976 the Rhodesian forces killed refugees at Chimoio and Nyadzonya in:Answer: Mozambique.
Question: The superior African culture has been Greatly undermined by:Answer: Mass Media.
Question: The Rudd Concession is also known as the:Answer: Mineral Concession.
Question: One of the earliest Europeans to trade with the Shona people was:Answer: Portuguese.
Question: One of the worst crimes of Humanity in the history of mankind was the:Answer: Atlantic Slave trade.
Question: Which of the following is not an early Iron Age State of Zimbabwe?Answer: Gaza.
Question: Around which date and where was the Mutapa State founded?Answer: 1450 in the Dande area.
Question: The major reason for the collapse of the Rozwi State was?Answer: Ndebele arrival.
3. Social and Economic Achievements (1980-1990):
Social Achievements:
Education: Significant investment in rebuilding and expanding educational infrastructure at all levels (primary, secondary, technical, teacher training, and university).Health: Expansion of healthcare facilities (clinics and hospitals), increased training of healthcare personnel, and initially, free health services.Social Welfare: Provision of support for vulnerable groups (school fees, hospital fees, assistance for the blind and disabled), and drought relief.Cooperatives: Encouragement of cooperative ventures in various sectors (agriculture, small businesses).Legislation: Progressive legislation like the Legal Age of Majority Act (1982), which affirmed the legal equality of men and women.
Economic Achievements:
Subsidies: on basic commodities to make them more affordable.Government participation: in strategic industries (e.g., NRZ, ZISCO, ZESA, Hwange Colliery) to stimulate economic activity and employment.Resettlement programs: for peasant farmers, although the scale and effectiveness of these programs are debated.Price controls: to manage inflation.Minimum Wage Act: (1980) to protect workers' rights.Manpower training: initiatives through ZIMDEF.Expansion: of agricultural production.
4. Post-Independence Developments (1980-1990):
Social:
Reconstruction: and expansion of educational infrastructure.ZINTEC program: to address teacher shortages.Initial focus: on free and compulsory education.Increased enrollment: in educational institutions.Initial focus: on free healthcare services.Expansion: of healthcare facilities and training.Promotion: of cooperatives.However: some of these social programs began to be affected by economic pressures towards the end of the decade.
Economic:
Subsidies: on basic goods.Infrastructure development:Establishment: of market access points for agricultural produce.Government involvement: in key industries.Land resettlement programs: (though scale and impact are debated).Price controls:Minimum wage legislation:Manpower training:Attracting: donor funding (ZIMCORD).
Political:
Increased political participation: of black Zimbabweans.Integration: of the armed forces.Emergence: of some political pluralism.Internal conflict: and security challenges.Unity Accord: between ZANU PF and ZAPU PF (1987).Creation: of an Executive Presidency.Regional instability: due to the RENAMO conflict in Mozambique and destabilization efforts by apartheid South Africa.Initial adoption: of socialist ideology.
5. Meaning and Purpose of National Symbols:
(a) National Flag:
Colors: Each color has symbolic meaning (green for agriculture, red for liberation war sacrifices, black for the majority population, yellow for minerals, white for peace).Red Star: Represents socialist ideals.Zimbabwe Bird: Connects to the historical Great Zimbabwe civilization.Purpose: Symbol of national unity, sovereignty, and identity.
(b) National Anthem:
Written: by Professor Solomon Mutsvairo, available in Shona, Ndebele, and English.Purpose: Commemorates the liberation struggle, honors heroes, invokes divine blessing, fosters national unity and patriotism.
6. Causes and Objectives of the Third Chimurenga:
Causes:
Perceived shortcomings: of the Lancaster House Agreement regarding land redistribution.Failure: of Britain to provide promised funding for land reform.Continued economic inequalities:Frustration: with the pace of change.Land Donor Conference: of 1998 failing to deliver.Political tensions: and the land issue becoming a key point of contention.
Objectives:
Land redistribution: to address historical injustices.Assertion: of national sovereignty and economic independence.Combating: neocolonial influences.Empowering: black Zimbabweans economically.
7. Civic Responsibilities:
Disease and Health Management: Promoting personal health and hygiene, preventing disease spread.Disaster Management: Assisting in disaster relief efforts.National Defense: Supporting the nation, including through tax payment and positive representation.Economic Responsibilities: Productivity, entrepreneurship, responsible resource use.Political Civic Responsibilities: Informed participation in the political process, respecting diversity.
8. Impact of NGOs in Zimbabwe:
Positive Impacts:
Job creation:Project funding:Improved living standards: in some areas.Disaster relief:Support: in health and education.
Negative Impacts:
Potential: for political influence and interference.Possible: dependency creation.
9. Role of the Media:
Roles: Inform, educate, entertain.Extended Roles: Shape perceptions, influence opinions, mold behavior.Potential Negative Impacts: Spread of foreign cultural values, political bias.
10. Justification of the 1998 Land Acquisition Process:
Social: Addressing historical land imbalances, reducing population pressure in some areas.Political: Resolving a key grievance from the liberation war, asserting national sovereignty.Economic: Increasing agricultural productivity, empowering black Zimbabweans in the economy.
11. BSAC Economic Activities (1890-1923):
Mining: Focus on extracting valuable minerals.Agriculture: Support for white settler farming, land dispossession of Africans.Trade: Reorientation of trade patterns.Taxation: Imposition of various taxes on Africans.
12. Steps in the Colonization of Zimbabwe (1880-1889):
"Scramble for Africa": by European powers.Explorers: hunters, missionaries, and concession seekers entering the region.
Legal and Parliamentary Studies:
This section explores the fundamental concepts of law, its purpose, nature, and various sources. Understanding these principles is crucial for comprehending how legal systems function.
What is Law?
Law can be defined as a set of rules of behavior enforced by a society or a body of established norms for good governance. These rules are typically interpreted and applied by courts to ensure justice, consistency, and uniformity. While ideally law aims to serve the common good, realistically, it also reflects and protects the interests of those who create it.
Purposes of Law:
Idealistic Purpose: To establish and maintain law and order, predictability, stability, and peace within society.Realistic Purpose: To protect the interests of those who have the power to create and enforce the law.
The Nature of Law:
Human beings are social creatures. The concept of "society" implies shared behavior patterns and norms. These norms, when repeated over time, become social customs.
Sources of Law:
Customs:
Early Stages: ("Natural Law"): Initially, customs were simply habits of life developed for survival.Social Customs: Widely observed practices, but not legally binding. They are persuasive, not compulsory.Legal Customs: Binding and authoritative rules enforced by the society or state through legislation.
Judicial Precedent:
Stare Decisis: The doctrine of "standing by decisions." Previous court rulings in similar cases serve as a guide for future decisions. This ensures consistency and predictability.Hierarchy of Authority: Higher courts' decisions bind lower courts. For example, a Supreme Court decision binds all lower courts, but not itself.
Legislature/Statute:
Statutes: are laws made by a legislative body (e.g., Parliament).Principles of Modern Law:
Just Application: Rules should be honorable and fair.Equality: Law should apply equally to all, regardless of class, wealth, race, etc.Uniformity: Consistent application of the law.Authority: Law must derive from a legitimate authority (e.g., Parliament).Certainty: Laws must be clear, unambiguous, and publicly known before application.
Retrospective Legislation: Laws that apply retroactively are generally condemned.Ignorance of the Law: "Ignoratia juris non excusat" – ignorance of the law is no excuse.Law-Making Process: Parliament creates laws (Acts or Statutes), which can be amended or repealed.Subsidiary Legislation: Detailed rules and regulations (e.g., proclamations, by-laws) that implement the principles of Acts.
Roman-Dutch Law/Jurists:
Jurists: Legal scholars whose opinions are considered authoritative.Roman-Dutch Law: A blend of Roman law and Dutch customary law. It spread with the Roman Empire and later to the Cape with Dutch colonization.Influence in Zimbabwe: Roman-Dutch law, with some influence from English law (especially commercial law), was adopted in Zimbabwe during British South Africa Company rule.
National Law vs. International Law:
National Law: The system of rules within a specific country, with established enforcement mechanisms.International Law: Governs relations between states, based on treaties and conventions. It lacks a central enforcement body, relying more on diplomacy and cooperation.
The Constitution and Law-Making:
This section delves into the structure of government, the role of the Constitution, and the legislative process in Zimbabwe.
National vs. International Law:
National Law: Governs behavior within a specific country, enforced by agencies within that country.International Law: Governs relations between states, based on treaties and conventions, but lacks a central enforcement body.
The Constitution:
Definition: The supreme law of a country, outlining the powers and limitations of government, and the rights and duties of citizens. Most countries have written constitutions.Importance: Establishes the fundamental institutions of the state: the Executive, the Judiciary, and the Legislature.
The State and its Organs:
The state is comprised of three distinct but coordinated branches:
Legislature (Parliament): Makes laws.
Executive (Cabinet/Government): Implements public policy (laws and programs).
Judiciary (Courts): Interprets laws and adjudicates legal cases.
Composition and Functions of Parliament (Bi-cameral):
Zimbabwe's Parliament is bi-cameral, consisting of two houses:
Lower House (House of Assembly):
Composition: 150 members (120 elected, 10 provincial governors appointed by the President, 8 chiefs appointed by the Chiefs' Council, 12 non-constituent members appointed by the President).Functions:
Legislation: (law-making).Debating: national and international issues.Controlling: government finances.Monitoring: government administration.Representing: the electorate.
Upper House (Senate):
Composition: 66 members (50 elected from 10 provinces, President and Deputy President of the Council of Chiefs, 8 chiefs elected by the College of Chiefs, 6 appointed by the President).Qualifications for Senator: Registered voter, at least 40 years old, must have been a member of the Senate or House of Assembly (but not a cabinet member, deputy minister, or governor).Functions:
Ensures: laws are in the national interest.Safeguards: national values and principles.Represents: interests not fully represented in the Lower House.Provides: checks and balances on legislation.Prevents: hasty or ill-conceived laws.
The Law-Making Process in Zimbabwe:
There are two types of Bills:
Private Bills: Relate to specific individuals, groups, or entities.Public Bills: Relate to matters of general interest. Public Bills are further divided into Government Bills (piloted by Ministers) and Private Members' Bills (introduced by individual MPs).
The stages of a Public Bill's journey through Parliament are:
Preliminary Stage: Minister proposes the bill to the Cabinet. If approved, the Minister instructs officials to prepare the Bill. The Draftsman creates a draft, which is presented to the Cabinet Committee on Legislation.
First Reading: The Minister notifies the House of the Bill. The short title is read, and the Bill is printed for members to review. No debate occurs at this stage.
Second Reading: The Minister explains the principles and policy behind the Bill. A general debate on the Bill's principles follows. No detailed amendments are allowed at this stage.
Committee Stage: The House goes into a committee to examine the Bill clause by clause. Amendments can be made.
Report Stage: The committee reports back to the House. Amendments are considered and adopted or rejected. Further amendments can be made.
Third Reading: Debate is limited, focusing on principles. Only minor, verbal amendments are allowed. If passed, the Bill goes to the Senate.
Senate Review: The Senate reviews the Bill, potentially amending it. If amendments are made, the Bill is sent back to the House of Assembly for concurrence.
Presidential Assent and Enrolment: The President signs the Act within 21 days. If assent is withheld, the Bill is returned to Parliament. After assent, the Act is enrolled in the High Court and published in the Government Gazette, at which point it becomes law.
Parliamentary Procedures, Rights, and the Executive
This section covers key aspects of parliamentary operations, the Declaration of Rights, and the role of the Executive branch in Zimbabwe.
Importance of Elections:
Provide: a peaceful and legitimate means of competing for political power.
Enable: citizen participation in governance and development.
Ensure: accountability of elected leaders.
Legitimize: governments.
Promote: peace and stability.
Parliamentary Terms and Procedures:
Motion: A proposed topic for debate. Notice is usually required before a motion is moved.
Bill: A proposed law. Can be public (general interest) or private (specific interest).
Mace: Symbol of authority for the House of Assembly, used by the Speaker.
Act: A law passed by Parliament and signed by the President.
Caucus: A meeting of members of a specific party to discuss party business.
Hansard: The official verbatim record of parliamentary debates.
Order Paper: The agenda for the House of Assembly.
Parliamentary Privilege: Legal protection for MPs for actions or statements made during parliamentary proceedings.
Precedent: A ruling used as guidance in similar future situations.
Election: A contest where individuals choose leaders and representatives, usually by secret ballot.
Voters: Individuals eligible to participate in elections.
Chief Whip: Party member responsible for party discipline and organization within the House.
Speaker: The highest authority in the House, presiding over debates and maintaining order.
Leader of the House: Government Minister responsible for managing government business in Parliament.
Sergeant-at-Arms: Officers responsible for order and ceremony in Parliament.
The Declaration of Rights (Chapter 3 of the Constitution):
This section outlines fundamental rights and freedoms, inspired by the UN Universal Declaration of Human Rights. These rights are not absolute and can be subject to limitations.
Right to Life: Protected, except in cases of lawful execution or justifiable use of force.
Personal Liberty: Protection against unlawful arrest and detention, with specific exceptions (e.g., court order, criminal offense, mental health).
Slavery and Forced Labor: Prohibited.
Inhuman Treatment: Protection against torture and degrading treatment, with specific exceptions (e.g., moderate corporal punishment for minors, lawful executions).
Deprivation of Property: Protection against arbitrary seizure of property, with exceptions for public purposes, emergencies, and lawful acquisitions with compensation.
Arbitrary Search: Protection against unreasonable searches, with exceptions for specific circumstances (e.g., public safety, crime investigation).
Protection of the Law: Right to a fair trial, presumption of innocence, legal representation, and other due process rights.
Freedom of Conscience: Freedom of thought, religion, and belief.
Freedom of Expression: Right to hold and express opinions, with limitations for protecting various interests (e.g., public safety, reputation).
Freedom of Assembly: Right to peaceful assembly and association, with limitations for public order and safety.
Freedom of Movement: Right to enter and leave Zimbabwe and move freely within the country, with limitations for security, public health, and other reasons.
Discrimination: Protection against discrimination based on various grounds (e.g., gender, race, tribe), with specific exceptions (e.g., family matters, customary law).
Enforcement: Individuals can apply to the Supreme Court for redress if their rights are violated.
Public Order:
Public order allows individuals to exercise their rights without infringing on others' rights or compromising national security. It emphasizes responsible exercise of freedoms, especially expression, speech, assembly, and association.
The Executive:
The President, as Head of State, Head of Government, and Commander-in-Chief of the Defence Forces, leads the Executive branch. The President takes precedence over all other persons in Zimbabwe.
The Executive and Judiciary
This section explores the qualifications, functions, and responsibilities of the Executive (President) and the Judiciary in Zimbabwe.
The Executive: The President
Qualifications and Election:
Must: be a Zimbabwean citizen by birth or descent.
Must: be at least 40 years old.
Must: be ordinarily resident in Zimbabwe.
Elected: by registered voters.
Tenure of Office (Lancaster House Constitution):
Six-year: term.
Continues: in office until a successor is elected.
Can: resign by written notice to the Speaker.
Can: be removed (impeached) by Parliament for willful violation of the Constitution or physical/mental incapacity.
Executive Functions:
Upholds: the Constitution and ensures laws are faithfully executed.
Appoints: accredits, receives, and recognizes diplomats.
Enters: into international treaties.
Declares: and terminates martial law and war.
Confers: honors.
Generally: acts on the advice of the Cabinet, except in specific cases (e.g., dissolution of Parliament, appointment of Vice-Presidents/Ministers).
Presidential Immunity:
Immune: from civil and criminal proceedings while in office.
The Judiciary:
Role: Administers justice, protects constitutional rights, and acts independently of the Executive and Legislature.
Court System:
Supreme Court:
Highest: court in the country.
Hears: appeals from the High Court and lower courts.
Acts: as a court of first instance in cases involving alleged violations of the Declaration of Rights.
Composed: of the Chief Justice and other Supreme Court judges.
High Court:
Hears: serious criminal cases (e.g., murder, treason) as a court of first instance.
Hears: civil cases.
Hears: appeals from Magistrates' Courts.
Reviews: decisions of lower courts and administrative tribunals.
Magistrates' Courts:
Hear: civil and criminal cases.
Jurisdiction: varies by rank of magistrate (Ordinary, Senior, Provincial, Regional).
General: maximum jurisdiction is $12,000 or seven years imprisonment, but can be higher in specific statutes.
Role of the Judiciary:
Hears: and determines disputes.
Interprets: laws.
Upholds: the Constitution.
Provides: redress for violations of the Declaration of Rights.
Handles: civil and criminal cases.
Qualification of Judges:
Must: be a judge of a court with unlimited civil/criminal jurisdiction in a Roman-Dutch or English common law country where English is an official language.
Or: must have practiced as a legal practitioner in Zimbabwe or a similar country for at least seven years.
Appointment of Judges:
The President: appoints the Chief Justice and other judges after consulting with the Judicial Service Commission.
If: the president does not follow the recommendation of the Judicial Service Commission, the president must inform parliament.
Tenure of Office of Judges:
Retire: at age 65, or 70 if they elect to do so before reaching 65.
Removal of Judges from Office:
Can: only be removed for inability to perform duties (physical/mental) or misbehavior.
Requires: a tribunal appointed by the President (for the Chief Justice) or on the advice of the Chief Justice (for other judges).
International Relations: Conflict, Competition, Cooperation, and Diplomacy
This section explores the fundamental dynamics of international relations, including the "three Cs," global power balance, diplomacy, and Zimbabwe's foreign policy.
The Three Cs of International Relations:
Conflict:
Disagreements: and hostilities between nations, potentially leading to war.
Causes: Competition for resources, trade disputes, political differences.
Consequences: War, strained relations, hindered development.
Resolution: Negotiations, compromise, external intervention, International Court of Justice (ICJ), United Nations intervention.
Competition:
Rivalry: and struggle for supremacy and resources.
Areas: Trade, sports, technology, space exploration, agriculture.