11 Judgment No. CCZ 2/18 Constitutional Application No. CCZ 86/15 retrospectivity of legislation properly conveyed do not, therefore, raise any doubt as to the power of the Legislature under the Constitution to enact retrospective civil legislation. What this means is that a statutory provision cannot be held unconstitutional on the ground that it gives retrospective effect to a civil statute. DUE RESPECT FOR VESTED RIGHTS AS A FOUNDING PRINCIPLE Section 3(2)(k) of the Constitution provides that it is a principle of good governance which binds the State and all institutions and agencies of government at every level that there be “due respect for vested rights”. Does this section prohibit the enactment of provisions like the transitional provision which give retrospective effect to legislation so as to take away or impair vested rights? The argument by Mr Mpofu was that the applicants contracted to pay their employees remuneration in the form of salaries and wages for work done or services rendered. The applicants were not under any obligation to pay the employees whose contracts were terminated on notice any severance package based on length of service. Deduced from this reasoning was the proposition that the applicants had acquired a right not to pay any employee whose contract was terminated on notice any money other than remuneration for work done or services rendered during the notice period or in lieu of the notice. On the basis of the theory of freedom of contract, Mr Mpofu argued that the applicants had a vested right under existing law not to pay the employees whose contracts were terminated on notice compensation for loss of employment. According to the argument, the applicants had a right