recognized as part of the devolution of governmental nation’s founding values and powers must be recognized as principles. one of the founding values and principles power under “Founding values and principles” gives adequate weight and constitutional protection/entrenchment to the idea as the courts put more weight on founding values and principles, in their interpretation of the constitution. Government must be constituted by spheres/tiers of government. Usually, there are three tiers namely the national sphere, the provincial sphere and the local sphere Section 5, defines the 3 tiers as the national government, provincial and metropolitan councils; and local authorities In many instances, the draft does not refer to the provinces and local authorities as governments but as councils. This may have a negative constitutional interpretation if that interpretation is to be done by a judge who is averse to devolution of power. In South Africa and Kenya, provinces and local authorities are constitutionally referred to as spheres of government or county governments, with full legislative and executive powers. The draft constitution of Zimbabwe must do the same. The constitution must define the The constitution does not define nature of the spheres of the nature of the spheres. government as distinct of each other but interrelated. This leaves the subnational level of government vulnerable to interference by the national government. In other constitutional democracies, including South Africa and Kenya, the spheres are clearly defined as distinct, interrelated and interdependent. Therefore, the draft constitution ought to clearly define the nature of the tiers of government. 31