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Judgment No. CCZ 2/18
Constitutional Application No. CCZ 86/15
Constitution is an objective principle characteristic of the historical conception of the ways and
attitude of every democratic government.
The principle must be read in conjunction with the substantive provisions of the
Constitution. Section 117(2)(b) of the Constitution, which vests in the Legislature the authority to
make laws for the good governance of Zimbabwe, prescribes the context in which the principle of
due respect for vested rights would apply. It is only in relation to the exercise of the powers vested
in it by the Constitution that the conduct of the Legislature, as an institution of government, may
be judicially reviewed for constitutionality.
Section 3(2)(k) of the Constitution is of interpretative value. It provides the context in
which the other constitutional provisions are to be interpreted. The use of the word “due” to qualify
the kind of respect for vested rights suggests an approach that has regard to the requirements of
legality and of the acceptable limitation to a fundamental human right prescribed under s 86(2) of
the Constitution. By way of example, the basic right to property is conferred under s 71(2) of the
Constitution. This section relates to a specific area of protection. The principle under s 3(2)(k) of
the Constitution would have to be considered when ss 71(2) and 71(3) of the Constitution are
interpreted, as required by s 46 of the Constitution. That means that the application of the principle
behind s 3(2)(k) of the Constitution would have to take into account the limitation to the right to
property provided for under s 71(3) of the Constitution.
The principle must therefore be recognised as playing a role in the assessment of the
constitutionality of legal rules and in the interpretation of constitutional provisions protecting
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