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).
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