Section 98: Presidential immunity
Constitution of Zimbabwe
(1) While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity.
(2) Civil or criminal proceedings may be instituted against a former President for things done and omitted to be done before he or she became President or while he or she was President.
(3) The running of prescription in relation to any debt or liability of the President arising before or during his or her term of office is suspended while he or she remains in office.
(4) In any proceedings brought against a former President for anything done or omitted to be done in his or her official capacity while he or she was President, it is a defence for him or her to prove that the thing was done or omitted in good faith.
Insight on Presidential Immunity
This provision creates a temporary shield for the sitting President from legal proceedings while in office, but not permanent immunity. The key balance here is between allowing a President to govern without constant litigation disruptions and ensuring accountability after leaving office. The "good faith" defense for former Presidents acknowledges that executive decision-making often involves difficult choices, providing some protection for actions taken with honest intentions while serving. This represents a compromise between executive privilege and the principle that no one is above the law.