The South African Constitution’s first section declares that the State is founded on the following values: • Human dignity, the achievement of equality and the advancement of human rights and freedoms. • Non-racialism and non-sexism. • Supremacy of the constitution and the rule of law. • Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness. The present Zimbabwean Constitution contains no express statement of fundamental principles, and it is difficult to discern any after the amendments to which it has been subjected since 1980. The Constitutional Commission [Chidyausiku] 1999 Draft specified certain principles as fundamental, and stated that they could be amended only with the approval of the people voting in a referendum. These principles may be summarised as follows: • Authority of the people: State power derives from the people and must be exercised within lawful bounds. • National unity, peace and stability: The Government must promote national unity, peace and stability, in particular by integrating the peoples of Zimbabwe while recognising their diversity and tolerating their differing customs, traditions and beliefs. • Democratic principles: All citizens must be encouraged to participate in government and must have access to positions of leadership. Government institutions must be broad-based and national but (perhaps inconsistently) functions and responsibilities must be devolved to the people at appropriate levels. • Rule of law: Everyone, including public officers, must observe the rule of law, and no one is above the law. The “Kariba Draft” constitution repeated these principles. The NCA Draft also states certain fundamental values, but they are much closer to those in the South African Constitution. As in the Constitutional Commission draft, these principles would be amendable only with the approval of a national referendum. • Supremacy of the constitution and the rule of law. • The inherent dignity and worth of each human being. • Universal adult suffrage, multi-party system of democratic government and regular free elections. • Equal status of all persons. • Respect for fundamental human rights and freedoms. • National unity, peace and stability (this is not protected in the South African constitution). • Devolution of governmental functions to the provinces and other appropriate levels (nor is this principle). 10

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