Section 332: Definitions

In this Constitution⎯

“Act of Parliament” means—

    (a) an enactment that has been passed by Parliament and then assented to and signed

by the President in accordance with this Constitution; or

    (b) an enactment that was in force in Zimbabwe as an Act of Parliament immediately

before the effective date, including—

          (i) any enactment included in the revised edition of the statute law of

Zimbabwe prepared in 1996 under the authority of the Statute Law

Compilation and Revision Act [Chapter 1:03]; and

          (ii) any enactment which, though omitted from the revised edition referred to

in subparagraph           (i) , continued in force notwithstanding that omission;

and

          (iii) any enactment enacted by the Parliament of Zimbabwe after the revised

edition referred to in subparagraph           (i) but before the effective date;

“administrative conduct” includes any decision, act or omission of a public officer or of a

person performing a function of a public nature, and a failure or refusal of such a

person to reach such a decision or to perform such an act;

“amend” includes vary, alter, modify, add to, delete or adapt;

“by-election” means an election to fill a casual vacancy in Parliament or in a local

authority;

“Chief” means a Chief referred to in Chapter 15;

“Civil Service” …

[Definition repealed by s. 22 of Act No. 2 of 2021]

“Commission” means a Commission established by this Constitution;

“Committee on Standing Rules and Orders” means the committee of that name established

under section 151;

“Communal Land” means land set aside under an Act of Parliament and held in accordance

with customary law by members of a community under the leadership of a Chief;

“Constitutional Bill” means a Bill which, if enacted, would have the effect of amending

any of the provisions of this Constitution;

“Constitutional Court” means the Constitutional Court established by section 162(a);

“constitutional matter” means a matter in which there is an issue involving the

interpretation, protection or enforcement of this Constitution;

“customary law” means the customary law of any section or community of Zimbabwe’s

people;

“disciplinary law” means a written law that regulates the discipline of members of a

disciplined force, including part-time members, while they are rendering service in the

force or in respect of their failure to render service in the force;

“disciplined force” means—

    (a) a naval, military or air force;

    (b) a police service;

    (c) a prisons or correctional service; or

    (d) any other body established for public purposes by or under an Act of Parliament

and declared by that Act to be a disciplined force;

“effective date” means the date on which this Constitution comes wholly into operation in

terms of paragraph 3(2) of the Sixth Schedule; 2

“Electoral Law” means the Act of Parliament that regulates elections in terms of this

Constitution;

“financial year” means the twelve-month period ending on the 31st December;

“function” includes power and duty;

“Gazette” means the official Gazette of the Government and includes any supplement to

that Gazette;

“general election” means a general election—

    (a) of the President, Vice-Presidents and Members of Parliament;

    (b) of members of the governing bodies of local authorities;

“Government” means the Government of Zimbabwe;

“government-controlled entity” means a body corporate whose operations or activities are

substantially controlled by the State or by a person on behalf of the State, whether

through ownership of a majority of shares in the body corporate or otherwise;

“House”, unless otherwise qualified, means the Senate or the National Assembly;

“independent Commission” means a Commission referred to in section 232;

“judge” means a judge of the Constitutional Court, the Supreme Court, the High Court, the

Labour Court or the Administrative Court;

“Judicial Service Commission” means the Commission of that name established by section

189;

“law” means—

    (a) any provision of this Constitution or of an Act of Parliament;

    (b) any provision of a statutory instrument; or

    (c) any unwritten law in force in Zimbabwe, including customary law;

and “lawful”, “lawfully”, “legal” and “legally” are to be construed accordingly;

“legal practitioner” means a person who is permitted to practise the profession of law in

Zimbabwe;

“local authority” means a council referred to in Part 3 of Chapter 14;

“member”, in relation to—

    (a) a Commission or other body established by this Constitution, includes the

chairperson and deputy chairperson;

    (b) a statutory body, provincial or metropolitan council or local authority, means a

person who is appointed or elected to a council, board or other authority which⎯

          (i) is a statutory body, provincial or metropolitan council or local authority; or

          (ii) is responsible for administering the affairs of the statutory body, provincial

or metropolitan council or local authority;

The 22nd August, 2013, when the President elected at the first elections was sworn in and assumed office.

“Member of Parliament” means a Senator or a Member of the National Assembly;

“metropolitan council” means a council established by section 269 for a metropolitan

province;

“metropolitan province” means Bulawayo Metropolitan Province or Harare Metropolitan

Province, as the case may be;

“Minister” includes a person exercising the functions of a Minister, whatever their title;

“national legislation” means an Act of Parliament or a statutory instrument made under an

Act of Parliament;

“oath” includes affirmation;

“offence” means a criminal offence;

“period of public emergency” means a period when a declaration of a state of public

emergency under section 113 is in effect;

“person” means an individual or a body of persons, whether incorporated or

unincorporated;

“President” means the President of Zimbabwe;

“President of the Senate” means the President of the Senate elected in terms of section 122;

“provincial council” means a council established by section 268 for a province other than a

metropolitan province;

“public office” means a paid office in the service of the State;

“public officer” means a person holding or acting in a public office;

“Public Service” has the meaning given to it by section 199;

[Definition inserted by s. 22 of Act No. 2 of 2021]

“security service” means a security service referred to in section 207;

“Senator Chief” means a Chief elected to the Senate in terms of section 120(1)    (b) or (c);

“sitting” means a period during which the Senate or the National Assembly is sitting

continuously, including any period during which the Senate or the National Assembly,

as the case may be, is in committee;

“sitting day” means any weekday which is prescribed in the Standing Orders of the

National Assembly or the Senate, as the case may be, to be a sitting day, whether or not

the House concerned meets on that day;

“Speaker” means the Speaker of the National Assembly elected in terms of section 126;

“Standing Orders”, in relation to anything to be done by—

    (a) the Senate, means Standing Orders of the Senate;

    (b) the National Assembly, means Standing Orders of the National Assembly;

    (c) the Senate and the National Assembly jointly, means joint Standing Orders;

made in terms of section 139;

“statutory body” means—

    (a) a Commission established by this Constitution; or

    (b) a body corporate established directly by or under an Act of Parliament for special

purposes specified in that Act, whose membership consists wholly or mainly of

persons appointed by the President, a Vice-President, a Minister, a Deputy

Minister, another statutory body or by a Commission established by this

Constitution;

“statutory instrument” means any instrument that has the force of law and that is made by

the President, a Vice-President, a Minister or any other person or authority under this

Constitution or an Act of Parliament;

“tax” includes a duty, rate, levy or due;

“traditional leader” means a person appointed as such in terms of section 283;

“Zimbabwe” means the Republic of Zimbabwe;

“Zimbabwe Electoral Commission” means the Commission of that name established by

section 238;

“Zimbabwe Human Rights Commission” means the Commission of that name established

by section 242.