Schedules

NATIONAL ANTHEM (ENGLISH) English Version O lift high, high, our flag of Zimbabwe Born of the fire of the revolution And of the precious blood of our heroes. Let’s defend it against all foes; Blessed be the land of Zimbabwe.

Behold Zimbabwe so richly adorned With mountains and rivers, beautiful. Let rain abound and fields yield the seed May all be fed and workers rewarded. Blessed be the land of Zimbabwe.

O God, bless the land of Zimbabwe, The land of our heritage, From the Zambezi to the Limpopo. May our leaders be just and exemplary, Blessed be the land of Zimbabwe. NATIONAL ANTHEM (MUSIC) NATIONAL COAT OF ARMS PUBLIC SEAL [Depict the Public Seal]

Interpretation in First Schedule In this Schedule— “detainee” means a person who is detained under an emergency law that provides for preventive detention; “emergency law” means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency; “fundamental human right or freedom” means a right or freedom set out in Part 2 of Chapter 4; “review tribunal” means the tribunal referred to in paragraph 3(1). Extent to which fundamental human rights or freedoms may be limited

(1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87. (2) If a state of public emergency is declared under section 113 in relation to only a part of Zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this Schedule in any other part of Zimbabwe. Detainees Review Tribunal

(1) An emergency law that permits preventive detention must provide for the establishment of a tribunal to review the cases of detainees. (2) The review tribunal must be appointed by the President on the advice of the Judicial Service Commission and after consultation with the Committee on Standing Rules and Orders. (3) The review tribunal must consist of— (a) a chairperson, who is or has been a judge; and (b) two other members, one of whom— (i) is or has been a judge or is qualified to be appointed as such; (ii) has been a magistrate in Zimbabwe for at least seven years; or (iii) has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe. Basic rights of detainees

(1) All detainees— (a) must be informed as soon as reasonably practicable, and in any case within seven days, of the reasons for their detention; (b) must be permitted without delay— (i) at their own expense, to choose and consult in private with a legal practitioner; or (ii) if they wish, to consult in private with a legal practitioner assigned to them by the State at State expense; and must be informed as soon as reasonably practicable of their rights under this paragraph; and (c) must be treated humanely and with respect for their inherent dignity as human beings. (2) Where this paragraph requires information to be given to a detainee— (a) the information must be given in a language that the detainee understands; and (b) if the detainee cannot read or write, any document embodying the information must be explained in such a way that he or she understands it. Review of detainees’ cases

(1) Every detainee’s case must be submitted to the review tribunal within ten days after his or her initial detention and the tribunal must be informed of the name of the detainee, the place where he or she is detained and the reasons for the detention. (2) Every detainee’s case must be resubmitted to the review tribunal at intervals of thirty days from the date on which the case was last reviewed, or at shorter intervals if the tribunal so orders. (3) The review tribunal must proceed without delay to review all cases submitted to it. (4) At all hearings by the review tribunal, the detainees whose cases are being reviewed must be allowed to present their cases in person or, if they wish— (a) through legal practitioners assigned to them by the State at State expense; or (b) at their own expense, through legal practitioners of their choice. (5) The reference in subparagraph (1) to a ten-day period includes a reference to lesser periods of detention that amount to ten days, in the case of a detainee who is released within ten days after being initially detained and is then re-detained within ten days after that release. Recommendations of review tribunal

After reviewing a detainee’s case, the review tribunal must make written recommendations to the authority that ordered the detention as to whether or not the detainee should continue to be detained, and the authority must act in accordance with the tribunal’s recommendation. Released detainees not to be re-detained on same grounds

(1) A detainee who has been released from detention as a result of a report of the review tribunal that there is insufficient cause for the detention must not be detained again on substantially the same grounds as those on which he or she was originally detained. (2) For the purposes of this paragraph, a person is deemed to have been detained on the same grounds as those on which he or she was originally detained unless the review tribunal has reported that, in its opinion, there appear to be new and reasonable grounds for the detention. Preservation of detainees’ access to courts

This Schedule is not to be construed as limiting a detainee’s right to challenge in a court the lawfulness of his or her detention, whether or not his or her case is already before the review tribunal.

(Sections 94, 104, 114, 122, 123, 126, 127, 128, 185, 259, 272, 310 and 320) OATHS AND AFFIRMATIONS Notes: A person who is required to take any of the following oaths may, if he or she wishes, make an affirmation instead, using the indicated wording.

If a person taking any of the following oaths, or making any of the following affirmations, varies the wording of the oath or affirmation to a non-material extent, the variation does not affect the validity or binding nature of the oath or affirmation. OATH OR AFFIRMATION OF LOYALTY I, .............................................. swear [or solemnly affirm] that I will be faithful and bear true allegiance to Zimbabwe and observe the laws of Zimbabwe. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the person specified in the appropriate legislation. OATH OR AFFIRMATION OF OFFICE I, ............................................... swear [or solemnly affirm] that I will serve Zimbabwe well and truly in the office of.......................................... So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the person specified in the appropriate legislation. OATH OR AFFIRMATION OF PRESIDENT AND VICE-PRESIDENTS I, .................................................... swear [or solemnly affirm] that as President [or Vice- President] of Zimbabwe I will be faithful to Zimbabwe and will obey, uphold and defend the Constitution and all other laws of Zimbabwe, and— • that I will promote whatever will advance, and oppose whatever may harm, Zimbabwe; • that I will protect and promote the rights of the people of Zimbabwe; • that I will discharge my duties with all my strength to the best of my knowledge and ability and true to the dictates of my conscience; and • that I will devote myself to the well-being of Zimbabwe and its people. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the Chief Justice or, in his or her absence, before the next most senior judge available. OATH OR AFFIRMATION OF MINISTER I, .................................................... swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of Minister, will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the President of Zimbabwe freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of Zimbabwe; that I will not disclose, directly or indirectly, any secret that is debated in Cabinet or any secret that is entrusted to me in the course of my duties as Minister; and that in all respects I will perform the duties of my office faithfully and to the best of my ability. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the President or, in his or her absence, before the Chief Justice or the next most senior judge available. OATH OR AFFIRMATION OF DEPUTY MINISTER I, .................................................... swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of Deputy Minister, will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the President of Zimbabwe freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of Zimbabwe; that I will not disclose, directly or indirectly, any secret that is entrusted to me in the course of my duties as Deputy Minister; and that in all respects I will perform the duties of my office faithfully and to the best of my ability. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the President or, in his or her absence, before the Chief Justice or the next most senior judge available. OATH OR AFFIRMATION OF MEMBER OF PARLIAMENT I, .................................................... swear [or solemnly affirm] that I will be faithful to Zimbabwe, that I will uphold the Constitution and all other laws of Zimbabwe, and that I will perform my duties as a Senator/Member of the National Assembly [whichever is appropriate] faithfully and to the best of my ability. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the Clerk of Parliament. JUDICIAL OATH OR AFFIRMATION I, ..................................................... swear [or solemnly affirm] that I will be faithful to Zimbabwe and that in the office of ......................................... I will uphold and protect the Constitution and will administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law. So help me God. [To be omitted in affirmation] Where the person taking this oath or affirmation is a judge, it is to be taken before the Chief Justice or the next most senior judge available. In all other cases it is to be taken before the person specified in the appropriate legislation. OATH OR AFFIRMATION OF MEMBER OF PROVINCIAL OR METROPOLITAN COUNCIL I, .................................................... swear [or solemnly affirm] that I will be faithful to Zimbabwe and, in the office of member of the provincial [or metropolitan] council of the Province of ...................................................., [state name of province] will uphold the Constitution and all other laws of Zimbabwe; that I will give my advice to the Chairperson [or Mayor] of .................................................... [state name of province] freely and to the best of my judgement whenever I am required to do so, for the good management of the public affairs of the Province; that I will not disclose, directly or indirectly, any secret that is debated in the provincial [or metropolitan] council or any secret that is entrusted to me in the course of my duties as member of that council; and that in all respects I will perform the duties of my office faithfully and to the best of my ability. So help me God. [To be omitted in affirmation] This oath or affirmation is to be taken before the person specified in the appropriate legislation.

Qualifications for registration as voter (1) Subject to subparagraph (2) and to paragraph 2, a person is qualified to be registered as a voter on the voters roll of a constituency if he or she— (a) is of or over the age of eighteen years; and (b) is a Zimbabwean citizen. (2) The Electoral Law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this Constitution, in particular with section 67. Disqualifications for registration as voter

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; or (c) if he or she has been convicted of an offence under the Electoral Law and declared by the High Court to be disqualified for registration as a voter or from voting, for the period he or she has been declared disqualified, but the period must not exceed five years.

In this Schedule— “Money Bill” means a Bill that makes provision for— (a) imposing, increasing or reducing a tax for the benefit of the State; (b) appropriating money from, or imposing, increasing or reducing any charge on, the Consolidated Revenue Fund or any other fund vested in or controlled by the Government; (c) compounding or remitting a debt due to the State; (d) condoning a failure to collect a tax due to the State; or (e) condoning unauthorised expenditure by the Government. House of origin of Bills

(1) Any Bill may originate in the National Assembly. (2) Any Bill, other than a Money Bill, may originate in the Senate. Members who may move Bills and motions

Subject to this Constitution and Standing Orders— (a) any Senator may introduce any Bill into the Senate or move any motion for debate in the Senate or present any petition to the Senate; (b) any Member of the National Assembly may introduce any Bill into the Assembly or move any motion for debate in the Assembly or present any petition to the Assembly; (c) any Vice-President, Minister or Deputy Minister may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the National Assembly. (d) any Member who has introduced a Bill into a House of Parliament may, after the Bill has been passed by that House, introduce the Bill into the other House. Parliament not to deal with Money Bills or fiscal motions or petitions except on recommendation of Vice-President, Minister or Deputy Minister

(1) Except on the recommendation of a Vice-President, Minister or Deputy Minister, neither House of Parliament may— (a) proceed upon any Bill, including an amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, is a Money Bill; (b) proceed upon any motion, including an amendment to a motion, whose effect, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the following matters— (i) imposing, increasing or reducing a tax for the benefit of the State; (ii) appropriating money from, or imposing or increasing any charge on, the Consolidated Revenue Fund or any other fund vested in or controlled by the Government; (iii) compounding or remitting a debt due to the State; (iv) condoning a failure to collect a tax due to the State; or (v) condoning unauthorised expenditure by the Government; or (c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for anything that is specified in subparagraph (b). (2) Subparagraph (1) does not apply to a Bill introduced, motion or amendment moved or petition presented by a Vice-President, Minister or Deputy Minister. PROCEDURE REGARDING BILLS Transmission of Bills between Houses

(1) A Bill which originated in one House of Parliament and has been passed by that House must be transmitted to the other House without delay, and the date of its transmission must be recorded in the journal of the House from which it is transmitted. (2) A Bill that has been transmitted to a House of Parliament must be introduced into that House without delay, and the House may reject the Bill or pass it with or without amendment. (3) A Bill which, having been transmitted to a House of Parliament in accordance with this paragraph, is passed by that House with amendments must be returned to the House where it originated with the amendments duly certified by the Clerk of Parliament, and the House to which it is returned may reject, agree to or amend any of those amendments. (4) If, after a Bill has been returned to its originating House in terms of subparagraph (3), any amendment made to it by the other House is rejected or amended by the originating House, the other House may, by message to the originating House pursuant to a resolution, withdraw the amendment or agree to its being amended. Disagreement between Houses

(1) Subject to this paragraph, if— (a) the Senate and the National Assembly have not agreed on amendments to be made to a Bill which originated in the National Assembly within ninety days after the Bill was introduced into the Senate; (b) the Senate and the National Assembly have not agreed on amendments to be made to a Bill which originated in the Senate within ninety days after the Bill was returned to the Senate; or (c) a Bill which originated in the National Assembly has been rejected or has not been passed by the Senate within ninety days after the Bill was introduced into the Senate; the Bill may be presented to the President for assent and signature in the form in which it was passed by the National Assembly, except for minor changes required by the passage of time and any amendments on which the Senate and the National Assembly may have agreed. (2) If, in the opinion of the Speaker, a Bill which— (a) originated in the National Assembly; and (b) was introduced into the National Assembly within ninety days after a previous Bill originating in the Senate was introduced into the Senate; contains provisions identical to those contained in that previous Bill, except for minor changes required by the passage of time, subparagraph (1) applies to the Bill as though the ninety-day periods in subparagraphs (a) and (c) of that subparagraph were periods of eight sitting days. (3) A Bill referred to in subparagraph (1) or (2) cannot be presented to the President for assent and signature unless, after the ninety-day period or eight-day period specified in the subparagraph concerned, the National Assembly has resolved that the Bill should be presented to the President for assent. (4) A Bill that is presented to the President for assent and signature in accordance with this paragraph must be accompanied by a certificate from the Speaker stating that the Bill is one to which this paragraph applies and that the requirements of this paragraph have been satisfied. (5) A Bill presented to the President in accordance with this paragraph is deemed to have been duly passed by Parliament in the form in which it is presented to the President. (6) For the purposes of this paragraph— (a) a Bill originating in the National Assembly is deemed to have been introduced into the Senate on the sitting day immediately after the date of its transmission to the Senate, as recorded in the journal of the National Assembly in terms of paragraph 5(1); (b) a Bill originating in the Senate is deemed to have been returned to the Senate on the sitting day immediately after the date on which it is returned for the first time to the Senate in accordance with paragraph 5(3). (7) This paragraph does not apply to Constitutional Bills or Money Bills. Money Bills

(1) The Senate does not have power to amend a Money Bill but may recommend that the National Assembly make amendments to it. (2) The Clerk of Parliament must certify every amendment which the Senate has recommended should be made to a Money Bill and must transmit the certified amendment to the National Assembly. (3) The National Assembly must consider any amendments transmitted to it under this paragraph and may incorporate them into the Money Bill concerned. (4) If the Senate does not pass a Money Bill within eight sitting days counted from the day the Bill was introduced into the Senate, the National Assembly may resolve that the Bill should be presented to the President, and the Bill may then be presented to the President in the form in which it was passed by the National Assembly. (5) A Money Bill that has been presented to the President pursuant to a resolution under subparagraph (4)— (a) is regarded as having been passed by Parliament in the form in which it was passed by the National Assembly; and (b) when it is presented to the President for assent and signature, must be accompanied by a certificate from the Speaker stating that the Bill was passed in terms of this paragraph. REPORTS OF PARLIAMENTARY LEGAL COMMITTEE Reports of Parliamentary Legal Committee on Bills

(1) Subject to this paragraph, neither House may give a Bill its final reading unless a report of the Parliamentary Legal Committee on the Bill has been presented to the House. (2) Subparagraph (1) does not apply to— (a) a Constitutional Bill; or (b) any Bill on which the Parliamentary Legal Committee has already reported unless the Bill has been amended since that report. (3) If the Parliamentary Legal Committee has not reported on a Bill within the period specified in Standing Orders, or within any extension of that period granted in accordance with Standing Orders, the Committee must be presumed to be of the opinion that no provision of the Bill, if enacted, would contravene this Constitution, and the House concerned may proceed with the Bill as if the Committee had reported accordingly. (4) Subject to subparagraphs (5) and (6), if the Parliamentary Legal Committee reports that a provision of a Bill, if enacted, would contravene this Constitution, the House concerned must consider the report and, if the House resolves that the provision concerned would contravene this Constitution, the House must not pass the Bill containing that provision. (5) When a House considers a report of the Parliamentary Legal Committee referred to in subparagraph (4) regarding a Bill that was introduced by a Vice-President, Minister or Deputy Minister, the person who introduced the Bill must be given a reasonable opportunity to respond to the report. (6) If a House resolves in accordance with subparagraph (4) that a provision of a Bill, if enacted, would contravene this Constitution, a Vice-President or Minister may apply to the Constitutional Court within fourteen days after the resolution was passed for a declaration that the provision, if enacted, would be in accordance with this Constitution, and if the Constitutional Court makes such a declaration the House concerned may proceed to consider and pass the Bill containing that provision. Reports of Parliamentary Legal Committee on statutory instruments

(1) Before the Senate or the National Assembly considers a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution or its enabling Act, the Committee may withdraw the report if the Committee is satisfied that the provision has been repealed or amended in such a way as to remove the contravention. (2) If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution, the Senate or the National Assembly resolves that the provision does contravene this Constitution, the Clerk of Parliament must report the resolution to the authority which enacted the instrument, and that authority must, within twenty- one days after being so notified, either— (a) apply to the Constitutional Court for a declaration that the statutory instrument is in accordance with this Constitution; or (b) repeal the statutory instrument. (3) Where an authority responsible for enacting a statutory instrument applies to the Constitutional Court for a declaration in terms of subparagraph (2)(a), the statutory instrument is suspended pending the Court’s decision. (4) If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument is ultra vires the enabling Act of Parliament, the Senate or the National Assembly resolves that the provision is ultra vires— (a) the provision thereupon ceases to have effect; and (b) the Clerk of Parliament must publish a notice in the Gazette without delay, giving public notice of the resolution and of its effect.

In this Schedule, unless inconsistent with the context— “effective date” means the day on which this Constitution comes wholly into operation in terms of paragraph 3(2); “existing enactment” means a written law that was in force in Zimbabwe immediately before the effective date, whether as an Act of Parliament or a statutory instrument; “existing law” means an existing enactment or any other law, whatever its nature, that was in force in Zimbabwe immediately before the effective date; “first elections” means— (a) the first election for the office of President under this Constitution; (b) the first general election of Members of Parliament under this Constitution; and (c) the first elections of governing bodies of provincial and metropolitan councils and local authorities; held after the publication day; “former Constitution” means the Constitution of Zimbabwe that came into operation on the 18th April, 1980, as subsequently amended; “publication day” means the day on which this Constitution, or the statute by which it is enacted, is published in the Gazette in accordance with section 51(5) of the former Constitution. Effect of Sixth Schedule

This Schedule prevails, to the extent of any inconsistency, over all other provisions of this Constitution. COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMER CONSTITUTION Commencement of this Constitution

(1) This Schedule, together with— (a) Chapter 3, relating to citizenship; (b) Chapter 4, being the Declaration of Rights; (c) Chapter 5, relating to the election and assumption of office of the President; (d) Chapter 6, relating to the election of Members of Parliament and the summoning of Parliament after a general election and to the assent to Acts of Parliament by the President; (e) Chapter 7, relating to elections, except sections 158, 160 and 161; (f) Chapter 8, relating to the jurisdiction and powers of the Constitutional Court; (g) Chapter 9, relating to principles of public administration and leadership; (h) section 208, relating to the conduct of members of the security services; (i) Chapter 12, in so far as it relates to the Zimbabwe Electoral Commission; and (j) Chapter 14, relating to provincial and local government; come into operation on the publication day. (2) Except as otherwise provided in this Schedule, the rest of this Constitution comes into operation on the day on which the President elected in the first elections assumes office. (3) Between the publication day and the effective date, the provisions of this Constitution specified in subparagraphs (a) to (j) of subparagraph (1) override the equivalent provisions of the former Constitution. Repeal of former Constitution

Subject to this Schedule, the former Constitution is repealed with effect from the effective date. FIRST ELECTIONS Saving of existing provincial and electoral boundaries

The boundaries of provinces, constituencies and wards as they were immediately before the publication day apply for the purposes of the first elections. Registration of voters

(1) Any person who was lawfully registered as a voter on a voters’ roll immediately before the publication day is entitled to remain so registered for the purposes of the first elections. (2) For the purposes of the first elections, the Registrar-General of Voters is responsible, under the supervision of the Zimbabwe Electoral Commission, for registering voters and compiling voters’ rolls. (3) The Registrar-General of Voters, under the supervision of the Zimbabwe Electoral Commission, must conduct a special and intensive voter registration and a voters’ roll inspection exercise for at least thirty days after the publication day. Challenges to first presidential election

Any challenge to the validity of the first presidential election must be heard and determined in accordance with section 93 of this Constitution. Electoral Law

The first elections must be conducted in terms of an Electoral Law in conformity with this Constitution. SAVINGS AND TRANSITIONAL PROVISIONS Government succession

The Government constituted under this Constitution is in all respects the successor to the former Government of Zimbabwe. Continuation of existing laws

Subject to this Schedule, all existing laws continue in force but must be construed in conformity with this Constitution. Interpretation of existing enactments

(1) Unless inconsistent with the context, a reference in any existing enactment to— (a) the President must be construed as a reference to the President acting in accordance with this Constitution; (b) Parliament must be construed as a reference to— (i) the Senate, where the reference relates to a function that is to be exercised by the Senate alone under this Constitution; (ii) the National Assembly, where the reference relates to any function other than one referred to in subparagraph (i) or the enactment of legislation; (c) the House of Assembly must be construed as a reference to the National Assembly; (d) the Public Service must be construed as a reference to the Civil Service; (e) the Public Service Commission must be construed as a reference to the Civil Service Commission; (f) the Prison Service must be construed as a reference to the Prisons and Correctional Service; (g) the Prison Service Commission must be construed as a reference to the Prisons and Correctional Service Commission; (h) the Commissioner of Prisons must be construed as a reference to the Commissioner- General of the Prisons and Correctional Service; (i) the Comptroller and Auditor-General must be construed as a reference to the Auditor- General; (j) the Attorney-General, in relation to criminal proceedings, must be construed as a reference to the Prosecutor-General. (2) Where this Constitution vests power in a particular person or authority to enact legislation on any matter, and that matter is provided for in an existing enactment made by some other person or authority, the existing enactment has effect as if it had been made by the person or authority with the power to make it under this Constitution. Standing Orders of Parliament

The Standing Orders that were in force immediately before the effective date continue in force as standing orders of the Senate and the National Assembly until they are replaced or amended in accordance with this Constitution. Existing officers

Any person who, immediately before the effective date, held or acted in a public office under the former Constitution continues to hold or act in that office, or the equivalent office under this Constitution, on the same conditions of service until the expiry of his or her term of office under those conditions of service or until he or she resigns, retires or is removed from office in terms of this Constitution or those conditions of service, as the case may be. Special provision for election and tenure of first President and appointment of Vice-Presidents

(1) Notwithstanding section 92, in the first election and any presidential election within ten years after the first election, candidates for election as President do not nominate persons in terms of that section to stand for election as Vice-Presidents. (2) Without delay the person elected as President in any election referred to in subparagraph (1) must appoint not more than two Vice-Presidents, who hold office at his or her pleasure. (3) 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. (4) Notwithstanding section 101 but subject to subparagraphs (5) and (6), if the person elected President in any election referred to in subparagraph (1) dies, resigns or is removed from office— (a) the Vice-President or, where there are two Vice-Presidents, the Vice-President who was last nominated to act in terms of subparagraph (3)(b), acts as President until a new President assumes office in terms of subparagraph (5); and (b) the vacancy in the office of President must be filled by a nominee of the political party which the President represented when he or she stood for election. (5) A political party which is entitled to nominate a person in terms of subparagraph (4)(b) must notify the Speaker of the nominee’s name within ninety days after the vacancy occurred in the office of President, and thereupon the nominee assumes office as President after taking the oath of President in terms of section 94, which oath the nominee must take within forty-eight hours after the Speaker was notified of his or her name. (6) In the event of the death, resignation or removal from office of a person who is elected president in an election referred to in subparagraph (1) and who did not represent a political party when he or she stood for election, the Vice-President or, if there are two Vice-Presidents, the Vice-President who was last nominated to act in terms of subparagraph (3)(b), assumes office as President. Continuation of certain Executive offices

Notwithstanding any provision of the former Constitution, the following offices which existed on publication day in terms of Schedule 8 to the former Constitution, namely— (a) President and Vice-President; (b) Prime Minister and Deputy Prime Minister; and (c) Minister and Deputy Minister; continue in existence until the effective date when the first President assumes office under this Constitution, and the persons who held those offices remain in them accordingly. Public Protector

(1) The Public Protector Act [Chapter 10:18] is repealed. (2) Any matter that was being dealt with by the Public Protector immediately before the effective date must be transferred to the Zimbabwe Human Rights Commission for finalisation. Transfer of funds in old Consolidated Revenue Fund

The funds which, immediately before the effective date, stood to the credit of the Consolidated Revenue Fund established by the former Constitution become the Consolidated Revenue Fund established by this Constitution. Courts and legal proceedings

(1) In this paragraph— “pending constitutional case” means— (a) an appeal, application or reference in which an alleged contravention of the Declaration of Rights contained in the former Constitution is in issue; or (b) any case in which a constitutional matter, as defined in section 332 of this Constitution, is in issue; and which, immediately before the publication date, is pending before the Supreme Court of Zimbabwe constituted under the former Constitution. (2) Notwithstanding section 166, for seven years after the publication date, the Constitutional Court consists of— (a) the Chief Justice and the Deputy Chief Justice; and (b) seven other judges of the Supreme Court; who must sit together as a bench to hear any constitutional case. (3) A vacancy on the Constitutional Court occurring in the first seven years after the publication date must be filled by another judge or an additional or acting judge, as the case may be, of the Supreme Court: Provided that a vacancy in the office of Deputy Chief Justice occurring during that period must be filled in accordance with section 180(2) and (3). (4) Until different provision is made by or under an Act of Parliament— (a) rules may be made under the Supreme Court Act [Chapter 7:13] to regulate the procedure of the Constitutional Court; (b) the rules of the Supreme Court apply, with any necessary changes, to the procedure of the Constitutional Court in relation to any matter that is not provided for in rules made in terms of subparagraph (a); but any such rules, in so far as they apply to the procedure of the Constitutional Court, must be consistent with section 85 and Chapter 8. (5) The Supreme Court of Zimbabwe, the High Court of Zimbabwe, the Labour Court and the Administrative Court, as established immediately before the effective date, are constituted respectively as the Supreme Court, the High Court, the Labour Court and the Administrative Court under this Constitution, and any decision of those courts given before the effective date has effect accordingly. (6) Every person who, immediately before the effective date, presided over the Labour Court or the Administrative Court becomes a judge of the Labour Court or the Administrative Court, as the case may be, on the same conditions of service as apply on that date to judges of the High Court, his or her length of service as a President of the Labour Court or the Administrative Court being deemed to be service as a judge of the High Court. (7) The magistrates courts, traditional courts and any other courts that were established by an Act of Parliament before the publication day continue in existence on and after that day as if they had been established by an Act referred to in section 174, and the decisions of those courts given before the publication day have effect accordingly. (8) Any pending constitutional case— (a) in which the argument from the parties has not been heard before the publication date must be transferred to the Constitutional Court constituted in terms of subparagraph (2); (b) in which the argument from the parties has been heard by the publication date must be completed by the Supreme Court unless all the parties to the case agree to it being referred to the Constitutional Court constituted in terms of subparagraph (2), in which event the Supreme Court must refer the case to that Court. (9) All cases, other than pending constitutional cases, that were pending before any court before the effective date may be continued before that court or the equivalent court established by this Constitution, as the case may be, as if this Constitution had been in force when the cases were commenced, but— (a) the procedure to be followed in those cases must be the procedure that was applicable to them immediately before the effective date; and (b) the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of Chapter 4 of this Constitution. (10) For the purposes of subparagraph (9)— (a) a criminal case is deemed to have commenced when the accused person pleaded to the charge; (b) a civil case is deemed to have commenced when the summons was issued or the application was filed, as the case may be. Provisions relating to Prosecutor-General

(1) Any decision made or action taken before the effective date by or on behalf of the Attorney-General in relation to criminal proceedings is deemed, on and after that day, to have been made or taken by or on behalf of the Prosecutor-General. (2) The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day. Rights to pension benefits

A vested or contingent right in regard to a pension benefit which existed immediately before the effective date and was protected by the former Constitution continues to exist and enjoy the same protection under this Constitution.