Section 327: International conventions, treaties and agreements
Constitution of Zimbabwe
(1) In this section—
“international organisation” means an organisation whose membership consists of two or
more independent States or in which two or more independent States are represented;
“international treaty” means a convention, treaty, protocol or agreement between one or
more foreign States or governments or international organisations.
(2) An international treaty which has been concluded or executed by the President or under the President’s authority—
(a) does not bind Zimbabwe until it has been approved by Parliament; and
(b) does not form part of the law of Zimbabwe unless it has been incorporated into the law
through an Act of Parliament.
(3) Save for loan agreements and guarantees referred to in section 300(3) and (4) an agreement which is not an international treaty but which—
(a) has been concluded or executed by the President or under the President’s authority
with one or more foreign organisations or entities and imposes fiscal obligations on
Zimbabwe; and
(b) imposes fiscal obligations on Zimbabwe; does not bind Zimbabwe until it has been approved by Parliament.
[Subsection substituted by s. 21 of Act No. 2 of 2021]
(4) An Act of Parliament may provide that subsections (2) and (3)—
(a) do not apply to any particular international treaty or agreement or to any class of such
treaties or agreements; or
(b) apply with modifications in relation to any particular international treaty or agreement
or to any class of such treaties or agreements.
(5) Parliament may by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires—
(a) the withdrawal or appropriation of funds from the Consolidated Revenue Fund; or
(b) any modification of the law of Zimbabwe.
(6) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on Zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement.
Key Insight: Parliamentary Oversight of International Commitments
This section establishes a system of checks and balances where the President can negotiate international agreements, but Parliament must approve them before they bind Zimbabwe. This prevents the executive branch from unilaterally committing the country to international obligations, especially those with financial implications. Additionally, courts must interpret domestic laws in harmony with Zimbabwe's international commitments, creating a bridge between international and national legal systems.