An Analysis of the Doctrine of Constitutionalism in the Zimbabwean Constitution of 2013

Abstract

On 22 August 2013 the new Constitution of Zimbabwe wholly came into force. The Constitution contains some ideas which are a step towards ensuring that the country moves out of the political doldrums. It provides for the doctrine of separation of powers, limits on terms of office, independence of the judiciary and institutions that foster democracy. In so doing it inspires hope that Zimbabwe will break the mould of countries that have constitutions but no constitutionalism. However, these gains are threatened by the existence of an executive president whose powers have remained unchanged. The Constitution contradicts itself in that it undermines the independence of the judiciary, the very heartbeat of a constitutional democracy, by bestowing on the president wide powers to appoint and remove judges. Thus, the balance of power being weighted in favour of one arm of government to the detriment of constitutionalism is a significant risk.