CORE VALUES OF CONSTITUTIONAL DEMOCRACY

THE Zimbabwean Constitution establishes a general framework for effective governance of a country destined to grow and change

THE Zimbabwean Constitution establishes a general framework for effective governance of a country destined to grow and change. It fixes the basic structure of government and some of its important procedures while expressing commitment to certain core values: Rule of law, gender equality and supremacy of the Constitution.

One of the core functions of any constitution is to frame the institutions of government and to determine who exercises the power and authority of the State, how they do so and for what purpose. But constitutions neither fall from the sky nor grow naturally on the vine. Instead, they are human creations and products shaped by convention, historical context, choice and political struggle.

Each constitution sets out principles that explain its purpose and normative foundation and guide the understanding of the constitution as a whole. Enshrining shared values – such principles could contribute to a sense of unity and enhance belief in and commitment to the constitution among citizens.

Generally, the principles set out in a constitution serve as a broad definition of the aims and purposes of the government.

Constitutional principles can reflect the ideology or identity of the state. As such, and at the most basic level, they serve as the symbolic embodiment, as well as a celebration, of a society’s commitment to an idea, value, or way of life. Similarly, the articulation of principles also serves an educational purpose. They inform the public and other governmental institutions about purposes and objectives of the constitution and the government.

As the enshrinement and symbol of shared values, constitutional principles can contribute to a sense of unity. Furthermore, principles, as clear statements of the purpose and priorities of the constitution, may increase belief in and commitment to the constitution among citizens, a crucial element for its successful implementation.

A number of constitutions contain sections dedicated to highlighting constitutional principles. The South African Constitution’s first chapter sets out its founding provisions. These lay out the foundational values of the State and include commitments to human dignity, equality, human rights and freedoms, being non-racial and non-sexist, the supremacy of the Constitution, universal adult suffrage, regular elections, and a multiparty system of democratic government.

The section identifies the official languages and calls for their promotion, as well as for respect for and the promotion of all languages commonly used in South Africa.

These founding values and principles are expressed in chapter 1 of the Zimbabwean Constitution. The founding provisions bind the State and all institutions and agencies of the government at every level. The founding provisions define Zimbabwe as a unitary, democratic and sovereign republic. This means that the citizenry in Zimbabwe value democracy, collectively the sovereign of the State, and hold ultimate authority over public officials and their policies.

The Constitution explicitly acknowledges that in Zimbabwe the Constitution is the supreme law and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. The obligations imposed by the constitution are binding on every person natural or juristic. This also includes the State and all executive, legislative and Judicial institutions and agencies of the government at every level and these obligations must be fulfilled.

 The founding values, principles that Zimbabwe is founded on as defined in the Constitution Zimbabwe is founded on the respect of the following values:

  •  Rule of law: The rule of law dictates that comprehensible and accessible written laws, whether constitutional or legislative, guide governmental decisions and actions. Moreover, the government must apply these laws fairly and consistently to everyone, including government officials, and everyone must have access to justice and the enforcement of the laws. Therefore, a commitment to the rule of law also requires vigilance against political corruption and the abuse of power, which can uniquely damage a society and a government politically, economically and socially.
  • Supremacy of the Constitution The doctrines of constitutional supremacy, judicial review, and independent oversight bodies can buttress that framework. Any conflicting law is null and void. Supremacy protects rule-of-law measures such as legal structures, checks and balances, and guarantees of rights
  • Fundamental human rights, freedoms Ensuring the enforcement of constitutional guarantees is also fundamental. Human rights are moral principles that set out certain standards of human behaviour, and are regularly protected as legal rights in national and international law. They are rights to which a person is inherently entitled simply because she or he is a human being. Human rights are thus conceived as universal (applicable everywhere) and inalienable (cannot be taken away).
  • Cultural, religious diversity, traditional values Diversity and identity principles are particularly important where ethnicity and religion divide groups. The Constitution of Zimbabwe also permits for legal mechanisms for the management of diversity. These legal controls appear as explicit and detailed provisions addressing equality and identity rights. The controls proscribe discriminatory practices on the basis of ethnicity, gender; offer entitlements for historically oppressed or under-represented groups—such as positive discrimination provisions to promote inclusion in society and government; create enforceable rights to protect religious and cultural freedom. Legal efforts include constitutional provisions that guarantee rights aimed at cultural preservation—such as a guarantee of education in one’s native language.
  •  Inherent dignity, worth of each being: Every human being is born with a value to them, that each life matters and no one is born with more potential to inspire, heal or harm the world than any other.
  • Equality of all human beings: All are equal with no one above the law.
  • Gender equality: man and women should receive equal treatment, and should not be discriminated against based on gender, unless there is a sound biological reason for different treatment
  • Good governance

Recognition of, respect for the liberation struggle The principles of good governance, which bind the State and all institutions and agencies of the government at every level, include a multi-party system of democratic government; an electoral system based on—universal adult suffrage; free, fair and regular elections and adequate representation of the electorate; the orderly transfer of power following elections; respect for the rights of all political parties; observance of the principle of separation of powers; respect for the people of Zimbabwe, from whom the authority to govern is derived; transparency, justice, accountability and responsiveness; the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions; recognition of the rights of—ethnic, racial, cultural, linguistic and religious groups; persons with disabilities; the equitable sharing of national resources, including land; due respect for vested rights and the devolution of governmental power and functions.

Founding principles and values embody the most fundamental ideas and aims of a society, which inform the Constitution’s interpretation and application. Founding principles play a wide range of roles—from serving as a symbol or expressing an ideal, to empowering and guiding political actors or guaranteeing adherence to legal structures and rights.

 Tineyi Mukwewa is member of Abammeli Human Rights Lawyers Network