Academic Year: 2020

Semester: 2:1

Programme: Bachelor of Laws Honours Degree

Module: LLB 203- Constitutional Law

Lecturer: Mr. R. O. Murozvi

Lecture Times: TBA

1. SYNOPSIS/OVERVIEW

This module entails the consideration, application, critique and comprehensive

analysis of general principles of constitutional law, a detailed analysis of the
Zimbabwean constitutional law regime, its structures and institutions, and its
operation; consideration of the constitutional system in comparative perspective;
and socio-legal issues relating to the constitutional system. It also considers
matters relating to application, enforcement, justiciability and limitations of rights
in the Declaration of Rights, among other issues.

2. LEARNING OUTCOMES

By the end of the course students should be able to;

a) have a thorough understanding of the Zimbabwean constitutional legal

system,
b) Its fundamental features, flaws, strengths and challenges.
c) It is further intended that this understanding be rooted in both theory and
practice, as far as possible.

3. LEARNING AND TEACHING ACTIVITIES (COURSE DELIVERY)

The primary mode of delivery is this module. In addition the following models of
delivery are available, tutorials, case study seminars, self-directed learning,
innovative technology enabled teaching and learning through my Vista platform.
Students are required to do a large amount of self-study, which is then reinforced
by the lectures/seminars. Outside of the seminars, students are encouraged to
contact the lecturers should they have any queries. In order to assist students, a
number of statutes, articles and other relevant documents shall be given to
students.

TOPIC ONE: INTRODUCTION: DEFINITIONS, THE STATE AND THE CONSTITUTION

1.1. What is constitutional law

1.2. Sources of Constitutional Law
1.3. How constitutions emerge
1.3.1. Colonisation
1.3.2. Revolution
1.3.3. Independence

1.4. Functional Approach to constitutional law

1.5. Classification of constitutions;

1.5.1. Written / Unwritten

1.5.2. Rigid / Flexible
1.5.3. Supreme/ subordinate
1.5.4. Federal / unitary
1.5.5. Separated powers / fused
1.5.6. Republican / monarchical constitution
1.5.7. Autochtonous / allochtonous
1.6. The state and the Social Contract
1.7. What is a constitutional system?
1.8. What is a state and government?
1.9. Structures of State and Government:
1.10. Central and Local Government
1.11. The Executive
1.12. The Legislative
1.13. The Judiciary
1.14. Traditional Leadership Institutions

TOPIC TWO: CONSTITUTIONAL HISTORY OF ZIMBABWE

2.1. Colonial Constitutions

2.1.1. The Southern Rhodesia Order in Council (1923)
2.1.2. The 1923 Rhodesia Constitution
2.1.3. The Federal Constitution, 1953
2.1.4. The 1961 SR Constitution
2.1.5. The 1965 SR Constitution
2.1.6. The 1969 Rhodesia Constitution
2.2. Post-Colonial Constitutions
2.2.1. The 1979 Lancaster House Constitution
 2.2.2. The 2000 National Constitutional Commission Draft.
2.2.3. The Kariba Draft 2007.
2.2.4. The National Constitutional Assembly Draft)
2.2.5. The 2013 Constitution of Zimbabwe

TOPIC THREE: GENERAL PRINCIPLES AND DOCTRINES OF CONSTITUTIONAL LAW

3.1. Constitutional Supremacy vs Parliamentary Sovereignty

3.2. Separation of Powers
3.3. Rule of Law
3.4. Constitutionalism
3.5. Judicial Independence
3.6. Democracy
3.7. Devolution and decentralisation of governmental power
3.8. Gender equality and gender parity
3.9. Judicial review and counter-majoritarian dilemma
3.10 Citizenship
TOPIC FOUR: THE ZIMBABWEAN 2013 CONSTITUTION

4.1. The Executive System

4.1.1. The source of Executive Authority
4.1.2. The structure of the Executive
4.1.3. The mandate, powers and functions of the Executive
4.2. Election, removal and Succession of President
4.3. The Constitution and Cabinet system
4.4. The Executive and law making
4.5. The Executive and the Judiciary
4.6. The Executive and parliamentary oversight
4.7. Power of mercy and Presidential immunity
4.8. States of public emergency.

TOPIC FIVE: THE CONSTITUTION AND THE LEGISLATIVE SYSTEM

5.1. Legislative Authority

5.2. Composition of Parliament and forms of parliamentary systems
5.2.1. Bi-Cameralism and Constitutional Democracy
5.2.2. Bi-Cameralism and Jurisdictional Conflicts
5.2.3. Bi-Cameralism v Uni-Cameralism

5.3. The Law-Making Procedures

5.6. The role of the Constitutional Court
5.7. The Legislature and the President

TOPIC SIX: THE CONSTITUTION AND THE JUDICIARY

6.1. Judicial authority
6.2. Independence of judiciary
6.3. Principles guiding judiciary.
 6.4. Jurisdiction of the Courts;
6.5. Qualifications, appointment and tenure of members of judiciary
6.5.1. The JSC
6.5.2. The public interview system
6.5.3. Appointment of magistrates
6.5.4. The judiciary and the Independent Commissions.

TOPIC SEVEN: FUNDAMENTAL RIGHTS AND FREEDOMS

7.1. Theories of Rights and the Social Contract
7.2. Classes and Categories of Rights and Freedom
7.2.1. Civil and Political Rights
7.2.2. Socio-Economic and Cultural Rights
7.2.3. Group/Solidarity Rights
7.4 Approaches to Understanding a Fundamental Right/Freedom
7.5. Constitutional Interpretation and Application
7.6 Enforcement and Limitations of Rights
7.7 Limitations of Constitutional Rights

TOPIC EIGHT: ELECTORAL INSTITUTIONS, PARTICIPATORY DEMOCRACY AND THE

CONSTITUTION

8.1. Principles of electoral system.

8.2. Conduct of elections and referendums.
8.3. Electoral Law and Electoral Act principles.
8.4. Electoral Systems
8.5. The Election Management and Governance Framework
8.6. Electoral law and regional/international electoral standards
8.7. Delimitation of electoral boundaries

TOPIC NINE: CONSTITUTIONAL COMMISSIONS

9.1. The Independent Commissions system

9.2. Independent Commissions;
9.2.1. The Zimbabwe Electoral Commission
9.2.2. The Zimbabwe Human Rights Commission
9.2.3. The Zimbabwe Gender Commission
9.2.4. The Zimbabwe Media Commission
9.2.5. National Peace and Reconciliation Commission
9.3. Commissions, democracy and the rule of law
9.4. The Commission system and the rule of law
9.5. The Commissions, Transparency and accountability
9.6. Relationship with Judiciary, Executive and Legislature
9.8. Constitutional commissions and their Independence
9.9. Commissions to report annually to Parliament.
9.10. Executive Constitutional Commissions
9.10.1The Anti-Corruption Commission
9.10.2 The National Prosecuting Authority
 9.11.1 Establishment, Powers, Mandate and Functions
9.11.2 Independence vs. Impartiality
9.11.3 The NPA and the criminal justice system
9.12 The Public Commissions System
9.13 Establishment, Functions and Responsibilities
(i) Public Commissions and Principles of Public Administration
(ii) Weaknesses of the Public Commissions System
(iii) Oversight and Accountability in Public Commissions
9.6.1. Civil Service Commission
9.6.2. Defence Forces Service Commission
9.6.3. Police Service Commission
9.6.4. Prisons and Correctional Services Commission

TOPIC TEN: THE CONSTITUTION AND PUBLIC ADMINISTRATION

10.1. Introduction
10.2. Basic values and principles governing public administration.
10.3. State-controlled commercial entities.
10.4. Responsibilities of public officers and principles of leadership.
10.5. Terms of office of heads of government-controlled entities

C: RECOMMENDED READING LIST

BOOKS
G Linington. Constitutional Law in Zimbabwe (2001).

Ian Currie and Johan De Waal. The Bill of Rights Handbook 5th Edition (2005)

GE Devenish A Commentary on the South African Bill of Rights (1999 (LexisNexis

Buterworths)

Chaskalson, Kentridge, Klaaren, Marcus, Spitz and Woolman Constitutional Law of South
Africa.

Rautenbach & Malherbe Constitutional Law (2003).

Currie & de Waal The New Constitutional & Administrative Law Vol 1 (2001).
Brand D and Heyns C (ed) Socio-Economic Rights in South Africa (2005), Pretoria University
Law School.
Dembour M B ‘What Are Human Rights? Four Schools of Thought; Human Rights’ (2010) 2
Quarterly Human Rights Quarterly 32, The Johns Hopkins University Press.

A Moyo (ed) Selected Aspects of the 2013 Zimbabwean Constitution and the Declaration of
Rights (2019) Raoul Wallenberg Institute, Sweden (2018).

Students are encouraged to acquire other Reading Materials on

Constitutional Law in South Africa, United States of America and the
United Kingdom are encouraged.
Important Websites
www.veritaszim.net
www.parlzim.gov.zw
www.zimlii.org
www.saflii.org
www.ldc.gov.zw
www.jsc.org.zw

7.3. STATUTES
The Southern Rhodesia Order in Council (1923)
The 1923 Rhodesia Constitution
The Federal Constitution, 1953
The 1961 SR Constitution
The 1965 SR Constitution
The 1969 Rhodesia Constitution
The 1979 Lancaster House Constitution
The 2000 National Constitutional Commission Draft
The Kariba Draft Constitution
The National Constitutional Assembly Draft)
The 2013 Constitution of Zimbabwe
The South African constitution
The Kenya Constitution
The Ghana Constitution
The United States Constitution
The Electoral Act
The ZEC Act
The ZHRC Act
The citizenship Act/ Citizenship of Zimbabwe Bill
POSA / MOPA bill
AIPPA/ Freedom of Information Bill/ Protection of Personal Information Bill
Zimbabwe Media Commission Bill