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Constitutional Interpretation (Zim)

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In the context of the current 2026 legal challenges against Constitutional Amendment No. 3, the Zimbabwean courts must apply the principles of constitutional supremacy and "Section 328" to resolve the dispute. ​Here is an outlines how these specific rules will likely be invoked in court to handle the conflict between the proposed term extension and the existing constitutional safeguards. ​ Constitutional Interpretation  In the Zimbabwean legal system, the Constitution is not merely a statute but a living document that serves as the ultimate yardstick for legality. When the courts are confronted with two conflicting interpretations of a constitutional provision, they do not have the discretion to choose arbitrarily. Instead, they are guided by a mandatory framework of "purposive" and "values-based" interpretation. ​The primary tie-breaker in any constitutional conflict is found in Section 46 of the Constitution of Zimbabwe. This section dictat...

EQUALITY IN THE WORKPLACE

   (ARE WE EQUAL OR JUST JUST THE SAME AS BEFORE) Throughout the ages the issue of equality has been at the core of shaping human societies and nations. Aristotle over 2000 years ago captured the dynamics of equality well when he said, “people who are equal should be treated equally, and people who are unequal should be treated unequally”. The world still battles with establishing what equality is and how best to implement it but it’s safe to say a lot of progress has been made around the world but there is still much to do. In the realm of employment equality is a jurisprudence that has been developing especially since Constitutions around the world started to recognize fair labour practices as a human right. The spectrum of equality in the realm of employment is quite wide and for the purposes of this article we are going to look at the most crucial aspects and cases so we may have a good enough understanding of it. I shall look at the South African development of equality i...

A Crisis of Legitimacy

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Since the year 2000 Zimbabwe has been been caught in a vicious cycle of disputed elections and all the flack that comes with it. The opposition has challenged all the results in every election especially presidential elections. The cries and challenges to the election results have not been without merit as independent election observers from all over the world have produced reports with glaring shortcomings and irregularities. Top on the list of irregularities has been issues with the voters roll, capture of the Electoral Commission, meddling from security forces and the captured judiciary. The pattern has led to political thinkers labelling Zimbabwe to be a competitive authoritarian regime that only uses elections for purposes of establishing Legitimacy but is in essence a dictatorship. Legitimacy has been an issue since the early 2000s with election after election being challenged and the Legitimacy of the government being questioned. Legitimacy is essential for a government to exerc...

Zimbabwe Independence Day 18 April 2024

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18th April 1980 marked the birth of Zimbabwe and it's  independence from Colonial domination and oppression. Today we commemorate Zimbabwe's independence and we honour those that sacrificed, fought and died for our independence. The 18th of April 1980 marked a new beginning and an opportunity to build a nation that was free from colonialism and all forms of abuse and domination of our land and people. The men and women who fought in the war to liberate Zimbabwe had the objective of establishing a democratic country where all people in Zimbabwe would be equal, free and live in a just society. Today as we commemorate our independence it is also important to take stock and reflect on how much progress Zimbabwe has been made and if the people of Zimbabwe are enjoying the independence and freedoms that so many fought and died for. It is well to say there were many initial successes soon after Zimbabwe gained independence.  Education and health care were prioritised and ...

Good Governance 🇿🇼

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A Good Case For Good Governance One of the core principles as provided in our 2013 Constitution is good governance. In its preamble there is mention of “Recognizing the need to entrench democracy, good, transparent and accountable governance and the rule of law”. Good governance is the glue that holds the social contract between a government and its citizens. Without good governance said Social Contract is breached by the government of the day and the governed tend to seek removal of the government or at the very least ways in which the government can be compelled to govern well. In Zimbabwe the issue of good governance has over the decades become a matter of increasing significance and importance. The plethora of governance related problem has prompted a re-evaluation of what good governance entails, Zimbabweans need this. The economy has all but collapsed, the social dynamics of the country are in a bad state, state institutions have been corrupted, and the politics has b...

The Right To Bail

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  Lawfare And The Right To Bail!  It is trite law that in term of Section 50 (1) (d) of the Constitution of the Republic of Zimbabwe bail is a constitutional right which should only be denied as and when the State can proffer compelling reasons for continued pre-trial detention. In our beloved Zimbabwe this has become quite the issue for quite some time now. The workings of bail in our legal system have since been “distorted” and in as far as politics is concerned bail has been incorporated in what has been termed “Lawfare”(the use of the law in bad faith against political opponents). What is bail though; how does it work; who has the right to bail and what does our law say about bail? What is Bail? It is firstly important to note that an accused person in a criminal case is presumed to be innocent until proven guilty. Such person cannot therefore be held in a cell without trial or at least without just cause. So when an accused/suspect is arrested and once he/she has been not...

The Cyber Security And Data Protection Bill 2019

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  Skip to e Cyber Security And Data Protection Bill 2019 Commentary On Cyber Protection Bill Purpose of the Bill The Bill has a quite well written preamble and has all the hallmarks of well crafted legislation that seeks to serve and protect people’s rights while complying with the Constitution like all legislation is sup[posed] to. The bill firstly intends to consolidate cyber related offenses which should allow for, easy to understand and interpret legal provisions. Recently we have seen what seems to be very biased interpretations of cyber offenses related provisions with what happened to some pro-democracy activists and political opponents who tweeted some things that the government claimed were not true. The Bill on the face of it seems to want to address these issues by having one piece of legislation that deals with cyber offenses. But of course these laws/provisions have to be Constitutional, fair and not prejudicial to any and all rights due to the people. As we shall see,...