CUo;STlTl 'TlOe; OF Zr"fBAflWE A~lENll~lENT
No.1
C"() 20)
2013
(a)
one or both of his or her parents was a citizen of a country which became
a member of the Southern African Development Community established
by the treaty signed at Windhoek in the Republic of Namibia on the 17th
August. 1992; and
(h)
he or she was ordinarily resident in Zimbabwe on the publication day.
CHAPTER 4
DECI.ARATIO)'; OF RIGHTS
PART 1
ApPLfc:\TlON ,\).;n
44
hTERPRHATlON
or CHAPTER 4
Duty to respect fundamental human rights and freedoms
The State and every person. including juristic persons. and every institution and
agency of the government at every level mllst respect, protect, promote and fulfil the
rights and freedoms set out in this Chapter.
45
Application of Chapter 4
(l l This Chapter binds the State and all executive. legislative and judicial
institutions and agencies of government at every level.
(2) This Chapter binds natural and juristic persons to the extent that it is
applicable to them. taking into account the nature of the right or freedom concerned
and any duty imposed by it.
(3) JUlistic persons as well as natural persons are entitled to the lights and
freedoll1~
sel oUl in this Chapter to the eXlent that those rights and freedoms can
appropriately he extended to them.
46
Interpretation of Chapter 4
(I) When interpreting this Chapter. a court. tlibunai. fOl1lm or body-(a)
must give full effect to the rights and freedoms enshrined in this Chapter;
(b)
must promote the values and principles that underlie a democratic society
based 011 openness, justice, human dignity, equality and freedom. and in
particular. the values and principles set out in section 3;
(el
must take into account international law and all trealies and conventions
to which Zimbabwe is a party;
(d)
must pay due regard to all the provisions of this Constitution. in particular
the principles and objectives set out in Chapter 2; and
(e)
may consider relevant foreign law;
in addition to consideling all other relevant factors that are to he taken into account in the
interpretation of a Constitution.
(2) When interpreting an enactment. and when developing the common law
and customary law. every court. tribunal. forum or boely must promote and be guided
by the spirit and objectives of this Chapter.
47
Chapter 4 does not preclude existence of other rights
This Chapter does not preclude the existence of other rights and freedoms that
may be recognised or conferred by law, to the extent that they are consistent with this
Constitution.
26