6. Legal Framework
6.1. Constitutional Rights
The essence of the complaints before the ZHRC was that the human rights to food,
equality and non-discrimination of persons from opposition political parties were
violated by public officials tasked with food distribution and office bearers of the ruling
party (ZANU PF).
The Constitution of Zimbabwe Amendment (No.20) Act 2013 is the supreme guideline
within the national legislative framework in as far as this case is concerned. The
following sections are instructive;
Section 56 (1) which provides that: “All persons are equal before the law
and have the right to equal protection and benefit of the law” (emphasis
added), is one of the most essential rights particularly in the context of the
present complaint. Section 56 (3) further provides that “Every persons has the
right not to be treated in an unfairly discriminatory manner …..” on such
grounds as their political affiliation among other grounds. It is also one of the
founding values and principles of Zimbabwe as provided for in Section 3 (1) (f)
which states that Zimbabwe is founded on respect for the “recognition of the
equality of all human beings.”
Section 77(b) of the Constitution provides for the right to sufficient food.
Section 67 (2) (a) which guarantees political choice
Section 82 which guarantees the rights of the elderly
6.2. Domestic Legislation and policies
6.2.1. Social Welfare Assistance Act (Chapter 17:06) and the National Policy
on Drought Management.
The Act and the Policy provide for procedures to be taken by the government to
ensure social protection services to vulnerable and disadvantaged groups in
society. Programmes implemented by the government include the Food Deficit
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