Masakhaneni Projects Trust (MPT) believes in inclusive growth and development for Zimbabwe. Lack of development has meant poverty and deprivation for the majority particularly rural communities where there is dearth of infrastructure. Poverty has not been the only problem visiting many Zimbabweans but governance deficits that have deprived citizens the enjoyment and fulfilment of the political, economic and human rights.

A combination of inequalities in access to economic opportunities and bad governance normally is a recipe for chaos and disaster. Zimbabwe has not been spared as conflict has characterized the country’s politics, especially during election periods. The push for constitutional reforms that resulted in a new constitution in 2013 was premised on the Zimbabweans’ collective desire to usher in a democratic society where the will of the people shall reign supreme. Also, the constitution enshrined fundamental rights and created mechanisms for peace building, healing and reconciliation. Zimbabweans had noted, and rightly so, that the country could not progress culturally, economically and politically without addressing peace deficits and ensuring that certain violations are never allowed with impunity again.

From Constitution-making to Constitutionalism

MPT and other stakeholders in general are aware that while these constitutional provisions are progressive and important they have not translated to practice or to responsive, democratic and pro-people governance. A culture of respect of the rule of law, separation of powers, promotion of democratic practice and respect of the choices of citizens needs to be nurtured and fostered. The constitution should be translated to a lived reality and that is possible if citizens’ constitutional awareness is raised and consequently they have power to hold duty bearers accountable. MPT advocates for the promotion of constitutionalism as the ultimate goal of the democratization struggle.

Therefore peace initiatives and community healing, which are of primacy to MPT are only possible where there is a culture of constitutionalism. Human dignity and all rights can be fully enjoyed in a peaceful environment nurtured under constitutionalism. MPT takes cognizance of the provisions of the Constitution of Zimbabwe in its pursuit of the promotion of constitutionalism, especially through its various projects including raising constitutional awareness.

The Supremacy of the Constitution

The Constitution of Zimbabwe, in Chapter 1 reads as follows:

1. The Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.

2. The obligation imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.

This section is in a way an expression of the principle of constitutionalism by spelling out the primacy of the constitution. Also, the Constitution clearly states the following obligations and limitations as follows:

The obligations imposed by [the] Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.

The same principle that espouses constitutionalism is found in the, “Founding values and principles”, in section 3 of the Constitution of Zimbabwe, in terms of which, the country’s entire governance structure must be founded on the respect of, among others, the supremacy of the Constitution, the rule of law, fundamental human rights and freedoms, and good government.

Fostering Principles on Constitutionalism

MPT believes that for constitutionalism to be cultivated and made a lived reality there must be a democratic Constitution. Undoubtedly, the Constitution of Zimbabwe is a progressive document that is a good basis for promotion of constitutionalism. An important aspect of constitutionalism in general is the principle of separation of powers. Zimbabwe’s supreme law provides for a separation of powers and in conjunction with other subordinate laws, would provide for a clear demarcation of power among the different organs of the state. That would facilitate in:

• Providing a system of checks and balances, including an independent judiciary;

• Guaranteeing the fundamental rights and freedoms of the people, including clear and readily accessible enforcement mechanism;

• Entrenching democratic principles, including political liberties and a free and fair leadership renewal process;

• Establishing institutions that promote a constitutional democracy;

• Providing for defined law making processes.

Of note is that in 2017 the first amendment of the Constitution of Zimbabwe was made and passed by two thirds of Parliament amid controversy over the perceived erosion of the principle of separation of powers. The first amendment gives more powers to the President in the selection process of the Chief Justice, deputy Chief Justice and Judge President.

The Legislature and Constitutionalism

Section 119, asserts Parliament as the upper guardian of the Constitution and the custodian of democratic governance in Zimbabwe.

Parliament has power to ensure that the provisions of [the] Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest

Notably all institutions and agencies of the State and government at every level are accountable to Parliament.

Enshrining the Bill of Rights

The Constitution of Zimbabwe defines the limits of executive authority. It therefore provides the necessary system of checks and balances to curtail absolute power and excesses. Also, in Chapter 4, the Constitution provides for the fundamental human rights and freedoms of the people, which are binding:

upon the State and all executive, legislative and judicial institutions and agencies of government at every level

These rights and freedoms include the traditional fundamental human rights, such as the right to life, personal liberty, personal security and privacy; the traditional civil and political rights, such as the freedom of expression, conscience, assembly, and association; the third generation socio-economic rights, such as the rights to education, health care, and food and water; and the fourth generation environmental rights.

The Constitution of Zimbabwe furthermore provides for due process rights, such as the right to equal protection before the law, the right to administrative justice, the right to a fair hearing, and the rights of accused persons.

The Judiciary and Constitutionalism

To ensure that these rights are adequately protected, the Constitution provides for readily available judicial recourse. Any person either acting in their own interests, on behalf of another person who cannot act for themselves, acting as a member or in the interests of a group or class of persons, acting in the public interest, or any association acting in the interests of its members, is entitled to approach a court, alleging that a fundamental right or freedom enshrined in declaration of rights has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.

The rules of every court must facilitate easy access to the courts, and must ensure that formalities relating to the proceedings, including their commencement, are kept to a minimum. Likewise, in deciding cases relating to the bill of rights, the courts, while observing the rules of natural justice, must ensure that they are not unreasonably restricted by procedural technicalities.

Constitutionalism Projects in Pictures