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CHAPTER 4
DECLARATION OF RIGHTS
PART 1
APPLICATION AND INTERPRETATION OF CHAPTER 4
4.1 Duty to respect fundamental human rights
The State and every person, including juristic persons, and every institution and agency of
the government at every level must respect, protect, promote and fulfil the rights and freedoms
set out in this Chapter.
4.2 Application of Chapter 4
(1) 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) Juristic persons as well as natural persons are entitled to the rights and freedoms set out
in this Chapter to the extent that those rights and freedoms can appropriately be extended to
them.
4.3 Interpretation of Chapter 4
(1) When interpreting this Chapter, a court, tribunal, forum or body—
(a) must give full effect to the rights and freedoms enshrined in this Chapter;
(b) must promote the values that underlie an open, just and democratic society based on
human dignity, equality and freedom, and in particular, the principles and values set
out in section 3;
(c) must take into account international law and all treaties 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 considering all other relevant factors that are to be 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 body must promote and be guided by the spirit and objects
of this Chapter.
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