2. There will be an exception to the foregoing for any law (or for any measures taken under it which are
authorised by it expressly or by necessary implication)a. which places certain restrictions on persons who are neither citizens nor permanent residents of
Zimbabwe;
b. which makes provision with respect to matters of personal law such as adoption, marriage, divorce,
burial and testamentary succession;
c. which makes provision for the application of their customary law in the case of members of a
particular race or tribe;
d. which makes provision with respect to the standards or qualifications to be required of persons who
are appointed to offices in the public service or in the service of a local government authority or of a
public corporation, provided that these standards or qualifications do not themselves specifically relate
to race, tribe, place of origin, political opinions, colour or creed;
e. which confers special rights on tribespeople in relation to Tribal Trust Land.
Savings
1. The Constitution will permit certain of the substantive rights described above to be derogated from,
within specified limits, during periods of emergency.
2. Existing laws will not be held in contravention of the Declaration for a period of five years, though
such laws can be amended or repealed by Parliament at any time.
Enforcement
The Declaration of Rights will contain provisions to ensure that the rights which it guarantees are fully
justiciable. These provisions will declare that anybody who alleges that any of his rights under the
Declaration has been, is being or is likely to be infringed - and in the case of a detained person, any
other person on his behalf - will, without prejudice to any other remedy which he may have, have the
right to apply to the court for redress and the court will have jurisdiction to hear and determine that
application. The court will be empowered to issue such orders as it may consider appropriate to
enforce, or to secure the enforcement of, any of the provisions of the Declaration of Rights.
D. THE EXECUTIVE
i. The President
1. The President will be Head of State and Commander-in-Chief of the Defence Forces.
2. The President will be elected by the members of Parliament. The qualifications for election as
President will be the same as those required for election to the Senate.
3. The President will hold office until he resigns or until a period of six years has elapsed. Thereafter he
will be eligible for re- election for one further period of office.
4. The President may be removed from office on the grounds of misconduct or inability to discharge
efficiently the functions of his office. A motion for removal requires to be supported by not less than
two-thirds of all the members of Parliament.
5. Provision will be made for the discharge of the functions of the office of President during the
President's absence or temporary incapacity.
6. The executive power of Zimbabwe will be vested in the President and unless otherwise provided will
be exercised on the advice of the Executive Council or, if authorised by the Executive Council, the
Prime Minister or other Minister. The limited circumstances in which the President will act on his own
discretion in accordance with the Constitution, e.g. appointment of the Prime Minister and dissolution
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