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From Roach Busters
In the Name of God. Amen.
- In the faith that the One Eternal God is the source of all
- authority, wisdom, justice and morality,
- and in humble acknowledgement that we and all mankind are
- subject to His Laws;
- We, the people of Zimbezia
- do hereby adopt, enact and give to ourselves this
- Constitution.
CHAPTER I
THE REPUBLIC
Establishment of Republic
1. (1) Zimbezia is a sovereign Republic.
(2) The Republic of Zimbezia shall be a multiparty democratic state.
(3) The economy of Zimbezia shall be based on private, communal and tribal ownership and free enterprise.
Public Seal
2. (1) There shall be a Public Seal of Zimbezia showing the coat of arms of Zimbezia with the inscription “Republic of Zimbezia.”
(2) The Public Seal of Zimbezia shall be kept by the State President and used for sealing all things whatsoever that shall pass the Public Seal of Zimbezia.
Seat of Government
3. Germiston shall be the seat of Government of the Republic in all its activities.
Languages
4. English, Afrikaans and Swahili shall be the official languages of Zimbezia.
Supremacy of Constitution
5. (1) This Constitution shall be the supreme law of Zimbezia.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
CHAPTER II
NATIONAL FLAG AND ANTHEM
National Flag of Republic
6. There shall be a National Flag of the Republic of which the design shall be as set out in section 7.
Design of National Flag
7. The National Flag of Zimbezia shall be rectangular in the proportion of three in the length to two in the width, tierced per bend reversed, black, white and green; the white bend reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. In the upper hoist there shall be a red sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.
National Anthem
8. The National Anthem of the Republic shall be “Mungu Atetee Zimbezia”.
CHAPTER III
DECLARATION OF RIGHTS
Fundamental rights and freedoms of the individual
9. Whereas every person in Zimbezia is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely —
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
10. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law in force in Zimbezia of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable —
(a) for the defense of any person from violence or for the defense of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.
(3) Abortion is unlawful but may be allowed —
(a) on medical or therapeutic grounds including where a doctor certifies that —
(i) continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
(ii) continued pregnancy will constitute a serious threat to the mental health of the woman;
(iii) there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped; or
(b) where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female.
Protection of right to personal liberty
11. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say —
(a) in execution of the sentence or order of a court, whether established for Zimbezia or some other country, in respect of a criminal offense of which he has been convicted;
(b) in execution of the order of a court of record punishing him for contempt of that or another court;
(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in Zimbezia;
(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of 18 years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Zimbezia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Zimbezia, or for the purpose of restricting that person while he is being conveyed through Zimbezia in the course of his extradition or removal as a convicted prisoner from one country to another;
(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Zimbezia or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Zimbezia in which, in consequence of any such order, his presence would otherwise be unlawful; or
(k) for the purpose of ensuring the safety of aircraft in flight.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained —
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in Zimbezia, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
Protection from slavery and forced labor
12. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this section, the expression “forced labor” does not include —
(a) any labor required in consequence of the sentence or order of a court;
(b) labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that that person is required by law to perform in place of such service;
(d) any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
13. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the country immediately before the coming into operation of this Constitution.
Protection from deprivation of property
14. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say —
(a) the taking of possession or acquisition is necessary or expedient —
(i) in the interests of defense, public safety, public order, public morality, public health, town and country planning or land settlement;
(ii) in order to secure the development or utilization of that, or other, property for a purpose beneficial to the community; or
(iii) in order to secure the development or utilization of the mineral resources of Zimbezia; and
(b) provision is made by a law applicable to that taking of possession or acquisition —
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation.
(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Zimbezia.
(3) Subsection (1)(b)(i) of this section shall be deemed to be satisfied in relation to any law applicable to the taking of possession of minerals or the acquisition of rights to minerals if that law makes provision for the payment at reasonable intervals of adequate royalties.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that the law in question authorizes —
(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or
(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section —
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property —
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of the law whether under civil process or after conviction of a criminal offense under the law in force in Zimbezia;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of —
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of 18 years, a prodigal, or a person who is absent from Zimbezia, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court, or by order of a court, for the purpose of giving effect to the trust.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by Parliament.
Protection for privacy of home and other property
15. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources, for the purpose of any census or in order to secure the development or utilization of any property for a purpose beneficial to the community;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that authorizes an officer or agent of the Government of Zimbezia, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or
(d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Provisions to secure protection of law
16. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.
(2) Every person who is charged with a criminal offense —
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
(c) shall be given adequate time and facilities for the preparation of his defense;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offense, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is severer in degree or description than the maximum penalty that might have been imposed for that offense at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offense if he shows that he has been pardoned for that offense.
(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
(8) No person shall be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law:
Provided that nothing in this subsection shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty therefor is not so prescribed.
(9) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognized by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority —
(a) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings; or
(b) may be empowered by law to do so in the interests of defense, public safety, public order, public morality, the welfare of persons under the age of 18 years or the protection of the private lives of persons concerned in the proceedings.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of —
(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
(b) subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offense under customary law (being proceedings against any person who, under that law, is subject to that law);
(c) subsection (2)(c) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(d) subsection (5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law;
(e) subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offense under any customary law to which, by virtue of that law, such person is subject.
(13) In the case of any person who is held in lawful detention, the provisions of subsection (1), subsection (2)(d) and (e) and subsection (3) of this section shall not apply in relation to his trial for a criminal offense under the law regulating the discipline of persons held in such detention.
(14) In this section “criminal offense” means a criminal offense under the law in force in Zimbezia.
Protection of freedom of conscience
17. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(3) Except with his own consent (or, if he is a minor, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required —
(a) in the interests of defense, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of expression and the press
18. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or
(c) that imposes restrictions upon public officers or members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of assembly and association
19. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that imposes restrictions upon public officers or members of a disciplined force; or
(d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom to establish schools
20. (1) No religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and maintaining schools at its own expense.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding subsection to the extent that the law in question makes provision–
(a) in the interests of defense, public safety, public order, public morality or public health; or
(b) for regulating such schools in the interests of persons receiving instruction therein, except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) No person shall be prevented from sending his child (including a person of whom he is the guardian) to any such school by reason only that the school is not a school established or maintained by the Government.
Prohibition of deportation
21. (1) Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law.
(2) No person shall be extradited for an offense of a political character.
(3) No citizen of Zimbezia shall be removed from Zimbezia except as a result of extradition proceedings or under any such law as is referred to in section 22(3)(b).
Protection of freedom of movement
22. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Zimbezia, the right to reside in any part of Zimbezia, the right to enter Zimbezia and immunity from expulsion from Zimbezia.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —
(a) for the imposition of restrictions that are reasonably required in the interests of defense, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in Zimbezia and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society;
(b) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Zimbezia;
(c) for the imposition of restrictions upon the movement or residence within Zimbezia of public officers or members of a disciplined force; or
(d) for the removal of a person from Zimbezia to be tried outside Zimbezia for a criminal offense or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law in force in Zimbezia of which he has been convicted.
(4) If any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(a) of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in Zimbezia, appointed by the Chief Justice.
(5) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Protection from discrimination on the grounds of race, etc.
23. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision —
(a) for the appropriation of public revenues or other public funds of Zimbezia;
(b) with respect to persons who are not citizens of Zimbezia;
(c) for the application, in the case of persons of any such description as is mentioned in the last preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description; or
(d) for the application in the case of members of a particular race, community or tribe of customary law with respect to any matter whether to the exclusion of any law in respect to that matter which is applicable in the case of other persons or not.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that –
(a) it requires a person to belong to Gibraltar or to possess any other qualification (not being a qualification specifically relating to race, tribe, sex, place of origin, political opinions, color or creed) in order to be eligible for appointment to any office in the public service or in a disciplined force or in the service of a local government authority or in a body corporate established by law for public purposes; or
(b) it makes reasonable provision for ensuring that persons holding office as aforesaid and giving instruction in schools maintained by the Government of Zimbezia and attended wholly or mainly by pupils of a particular religious community or denomination are acceptable on moral and religious grounds to that religious community or denomination, or to the authorities of that community or denomination.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 15, 17, 18, 19, 20 and 22 of this Constitution, being such a restriction as is authorized by section 15(2), 17(5), 18(2), 19(2), 20(2) or 22(3) of this Constitution, as the case may be.
(8) Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Right to equality before the law and the equal protection of the law
24. Every person shall be entitled to equality before the law and to the equal protection of the law.
Right to participate in government
25. (1) Every citizen of Lesotho shall enjoy the right —
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote or to stand for election at periodic elections under this Constitution under a system of universal and equal suffrage and secret ballot; and
(c) to have access, on general terms of equality, to the public service.
(2) The rights referred to in subsection (1) shall be subject to the other provisions of this Constitution.
Derogation from fundamental rights and freedoms
26. (1) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of sections 9 to 25 of this Constitution to the extent that the law authorizes the taking during any period when Zimbezia is at war or any period when a declaration under section 25 of this Constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period.
(2) Where a person is detained by virtue of such an authorization as is referred to in subsection (1) of this section the following provisions shall apply —
(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in Zimbezia, appointed by the Chief Justice; and
(d) he shall be afforded reasonable facilities to consult and instruct a legal representative and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations, concerning the necessity or expediency of continuing his detention, to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Declaration of emergency
25. (1) Whenever in the opinion of the State President a state of public emergency is imminent or has commenced, the State President may, at any time, by proclamation which shall be published in the Gazette, declare that—
(a) a state of public emergency exists either in any part, or in the whole of Zimbezia; or
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of Zimbezia.
(2) The State President may issue a proclamation of a state of public emergency only when —
(a) Zimbezia is at war;
(b) Zimbezia is in imminent danger of invasion or involvement in a state of war; or
(c) there is actual breakdown of public order and public safety in the whole of Zimbezia or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Zimbezia or any part thereof requiring extraordinary measures to avert the same; or
(e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Zimbezia; or
(f) there is any other public danger which clearly constitutes a threat to the existence of Zimbezia.
(3) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect —
(a) in the case of a declaration made when the House of Assembly is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
unless, before the expiration of that period, the decision is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly:
Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly.
(4) Where a declaration in terms of subsection (1) —
(a) is not approved by a resolution passed by the House of Assembly in pursuance of the provisions of subsection (3), the State President shall forthwith after the House of Assembly has considered the resolution and failed to approve it or, if the House of Assembly has not considered the resolution, on the expiration of the appropriate period specified in subsection (3), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Assembly in pursuance of the provisions of subsection (3), such declaration shall, subject to the provisions of subsections (5) and (6), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:
Provided that, where the House of Assembly has in the resolution in pursuance of the provisions of subsection (3) specified that such declaration shall continue in force for a period of less than twelve months, the State President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (5), be revoked at the expiration of the period specified in the resolution.
(5) If the House of Assembly resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the State President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.
(6) The House of Assembly may at any time resolve that a declaration in force under this section should be revoked and the State President shall forthwith, by proclamation published in the Gazette, revoke such declaration.
(7) During a period of public emergency, the State President may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in Zimbezia or any part thereof.
(8) Without derogating from the generality of the powers conferred by subsection (7) and notwithstanding the provisions of this Chapter, the regulations or measures may, so far as appears to the State President to be necessary or expedient for any of the purposes mentioned in that subsection —
(a) make provision for the detention of persons, the restriction of the movement of persons within defined localities, and the deportation and exclusion of persons other than citizens of Zimbezia from Zimbezia or any part thereof;
(b) authorize —
(i) the taking of possession or control on behalf of the Government of any property or undertaking;
(ii) the acquisition on behalf of the Government of any property other than land;
(c) authorize the entering and search of any premises;
(d) amend any law, suspend the operation of any law, and apply any law with or without modification:
Provided that such amendment, suspension or modification shall not apply to this Constitution;
(e) provide for charging, in respect of the grant of issue of any license, permit, certificate or other document for the purpose of the regulations, such fees as may be prescribed by or under the regulations;
(f) provide for payment of compensation and remuneration to persons affected by the regulations;
(g) provide for the apprehension, trial and punishment of persons offending against the regulations;
(h) provide for maintaining such supplies and services as are, in the opinion of the State President, essential to the life and well-being of the community:
Provided that nothing in this subsection shall authorize the making of regulations during a period of public emergency for the trial of persons who are not members of a disciplined force by military courts.
(9) The payment of any compensation or remuneration under the provisions of such regulations shall be a charge upon the Consolidated Revenue Fund.
(10) Regulations made under this section shall apply to the whole of Zimbezia or to such parts thereof as may be specified in the regulations.
(11) Regulations made under this section may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which the regulations are authorized by this Constitution to be necessary or expedient for the purposes of the regulations.
(12)(a) Every regulation or measure taken under this section and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done thereunder, cease to have effect ninety days from the date upon which it comes into operation unless before the expiration of the period, it has been approved by resolution passed by the House of Assembly.
(b) Any such regulation, order or rule may, without prejudice to the validity of anything lawfully done thereunder at any time be amended or revoked by the State President.
(13) Subject to the provisions of subsection (4) of section 14, every regulation made under this section and every order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which is inconsistent with any such regulation, order or rule shall, whether that provision has or has not been amended, modified or suspended in its operation under any Act, cease to have effect to the extent that such regulation, order or rule remains in force.
(14) During a period of detention —
(a) if any person who is detained in such a case as is mentioned in paragraph (a) of subsection (8) and who is not released so requests at any time not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in Zimbezia, appointed by the Chief Justice;
(b) on any review by a tribunal in pursuance of paragraph (a) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendation.
(15) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency.
(16) For the purposes of this section the House of Assembly shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Assembly first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Assembly next adjourns in pursuance of a resolution the purpose of which is that the House of Assembly shall stand adjourned for more than thirty days or on the day the House of Assembly is dissolved or prorogued, whichever is the sooner.
Enforcement of protective provisions
26. (1) Subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 9 to 23 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction —
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; or
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 8 to 20 (inclusive) of this Constitution.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 8 to 20 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) The Legislature may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(5) Rules of court making provision with respect to the practice and procedure of the High Court for the purposes of this section may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally.
Prohibition of certain derogations
27. Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms —
(a) life, equality before the law and security of person;
(b) the right to fair hearing;
(c) freedom from slavery or servitude;
(d) the right to an order in terms of section 49(1); and
(e) freedom from torture, cruel, inhuman or degrading treatment or punishment
Interpretation and savings
27. (1) In this Chapter, unless the context otherwise requires —
“court” means any court of law having jurisdiction in Zimbezia other than a court established by a disciplinary law, and in sections 4 and 6 of this Constitution a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means —
(a) a naval, military or air force;
(b) a police force; or
(c) a prison service;
“legal representative” means a person entitled to practice in Zimbezia as an advocate or attorney;
“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2) In relation to any person who is a member of a disciplined force raised under an Act of the Legislature, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 22, 24 and 25.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Zimbezia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
CHAPTER V
PROTECTION OF THE SOVEREIGNTY OF THE REPUBLIC OF ZIMBEZIA
No surrender of sovereignty or relinquishment of control over the Police Force or the Defense Force
52. There shall be —
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Zimbezia as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Zimbezia Police Force or the Zimbezia Defense Force.
Participation in co-operative international schemes which are beneficial to Zimbezia
53. Without in any way derogating from the force and effect of section 37, nothing in that section shall be construed as precluding Zimbezia or any association, body or organization therein from —
(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organization therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Zimbezia or any association, body or organization therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Zimbezia or any association, body or organization therein; or
(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organization therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Zimbezia in any way.
CHAPTER VI
PART I
THE LEGISLATURE
Legislative power
54. The legislative power of Zimbezia shall be vested in the Legislature which shall consist of the State President and the Parliament.
The Parliament
55. The Parliament of Zimbezia shall consist of a Senate and a House of Assembly.
PART II
THE SENATE
Constitution of Senate
56. (1) The Senate shall consist of ―
(a) thirty senators (hereinafter referred to as “appointed senators”) appointed by the State President of whom —
(i) fifteen shall be appointed by the State President acting on the advice of the Prime Minister;
(ii) ten shall be appointed by the State President acting on the advice of the Leader of the Opposition; and
(iii) five shall be appointed by the State President acting in accordance with his own discretion from outstanding persons from economic or social or community organizations and other major fields of endeavor; and
(b) six senators for each province (hereinafter referred to as “elected senators”), elected jointly by the members of the provincial council of such province together with the members of the House of Assembly elected for such province.
(2) One-half of the senators shall retire every fifth year.
(3) Subject to the provisions of section 57, the term of office of a senator shall be ten years from the date of his appointment or election:
Provided that ―
(a) a person who is appointed or elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;
(b) a person who is appointed or elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected on such termination.
(4) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(5) A separate election shall be held for the filling of each casual vacancy among the elected senators.
(6) A retiring senator shall, if otherwise qualified, be eligible for reappointment or re-election from time to time.
(7) In this section, the expression “casual vacancy” means a vacancy occurring otherwise than by the termination of a Senator's period of office by effluxion of time.
Rotation of senators
57. For the purpose of securing that one-half of the senators shall retire every fifth year, at the first meeting of the Senate under this Constitution, and after each first meeting of the Senate following a dissolution thereof, the Senate shall by lot divide the Senators into two classes, each class consisting of five appointed senators and five elected senators; and the term of office of the senators of the first class shall terminate at the expiry of a period of five years, and the term of office of the senators of the second class shall terminate at the expiry of a period of ten years, from the date of appointment or election, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected.
Standing committees of Senate
58. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the Standing Orders of the Senate, move that any matter be referred to such a committee for investigation and report.
Announcing of legislation intended to be introduced in Senate
59. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
Qualifications of senators
60. No person shall be qualified to be a senator under this Constitution unless —
(a) he is a citizen of Zimbezia;
(b) he has attained the age of thirty-five years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered;
(d) he has been domiciled in Zimbezia for a period of at least five years.
The Senate Legal Committee
61. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 62 and the election of the Deputy President of the Senate in terms of section 64 the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the State President may determine and the State President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Provided that at no time shall the Senate Legal Committee consist of less than three members.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
Election of President of Senate
62. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless he possesses the qualifications and none of the disqualifications for election as a senator.
(3) Before a person who has been elected as the President of the Senate enters upon the duties of his office, he shall, unless he has already done so in accordance with the provisions of section _____, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the Senate.
Tenure of office of President of Senate
63. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.
(2) The President of the Senate shall vacate his office ―
(a) on the dissolution of Parliament next following his election; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected or appointed as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of section _____(1) would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
(4) Any function of the President of the Senate which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the President of the Senate immediately before that polling day:
Provided that if at any time after the dissolution of Parliament the person who was the President of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the State President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Parliament or by some other person appointed by the State President in that behalf.
Election of Deputy President of Senate
64. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 63, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Secretary to Parliament and shall vacate his office ―
(a) if he ceases to be a senator; or
(b) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(c) if he becomes a Minister or a Deputy Minister.
