Section 339: Advice and consultation
Constitution of Zimbabwe
(1) Whenever this Constitution requires any person or authority to act on the advice of anyone else, the person or authority must—
(a) inform the other person, in writing, what he or she proposes to do and provide the
other person with enough information to enable the other person to understand the
nature and effect of the proposed act; and
(b) afford the other person a reasonable opportunity to tender advice; and the person or authority is obliged to follow the advice tendered by the other person.
(2) Whenever this Constitution requires any person or authority to consult anyone else, or to act after consultation with anyone else, the person or authority must—
(a) inform the other person, in writing, what he or she proposes to do and provide the
other person with enough information to enable the other person to understand the
nature and effect of the proposed act;
(b) afford the other person a reasonable opportunity to make recommendations or
representations about the proposal; and
(c) give careful consideration to any recommendations or representations that the other
person may make about the proposal; but the person or authority is not obliged to follow any recommendations made by the other person.
Key Insight: Advice vs. Consultation
This section establishes a critical distinction between "acting on advice" and "consultation" in governance:
- When "advice" is required, the recommendations must be followed
- When "consultation" is required, recommendations must be considered but can be rejected
This distinction creates different levels of authority in decision-making processes, with consultation providing more discretion to the decision-maker than when advice is required.