Opinion / Columnist
Re-alignment of Laws Welcome!
26 Jan 2015 at 08:48hrs | Views
The call by Vice President Emmerson Mnangagwa to accelerate the realignment of local laws in line with the new constitution is a welcome development. Zimbabwe is a unitary, democratic and sovereign republic which uses the Constitution as the supreme law of the land, and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These fundamental principles together constitute what Zimbabwe aspires to achieve through the new Constitution which took effect in 2013.
The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them. In view of this, it is critical that all relevant laws are reviewed accordingly to satisfy the dictates of the national constitution as the datum peg of our legal framework.
The Members of Parliament are urged to work diligently when Parliament resumes sessions for 2015 to have a re-look into the national laws till they are in tandem with the new Constitution. There is a real mammoth task which needs dedication in view of the fact that over 100 pieces of legislation need attention, including the new commissions and provincial councils which are being set up among other aspects.
The Constitution gives all Zimbabwean citizens the legal right to approach the Constitutional Court, and challenge laws which violate their rights and are inconsistent with the supreme law of the land. This is the cornerstone of the democratization processes which are taking toll in our country in positive response to global trends. To avert piling of constitutional challenges, it is imperative to spruce-up the laws to provide for rights guaranteed in the Constitution.
In a way, as propounded by Justice Yacoob, the Constitution serves as a way of mobilizing and organizing people so as to regulate society responsibly.
"If you uphold the values of the Constitution you can never be accused of being anti-government because the government too should be supporting the Constitution," Justice Yacoob said.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These fundamental principles together constitute what Zimbabwe aspires to achieve through the new Constitution which took effect in 2013.
The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them. In view of this, it is critical that all relevant laws are reviewed accordingly to satisfy the dictates of the national constitution as the datum peg of our legal framework.
The Constitution gives all Zimbabwean citizens the legal right to approach the Constitutional Court, and challenge laws which violate their rights and are inconsistent with the supreme law of the land. This is the cornerstone of the democratization processes which are taking toll in our country in positive response to global trends. To avert piling of constitutional challenges, it is imperative to spruce-up the laws to provide for rights guaranteed in the Constitution.
In a way, as propounded by Justice Yacoob, the Constitution serves as a way of mobilizing and organizing people so as to regulate society responsibly.
"If you uphold the values of the Constitution you can never be accused of being anti-government because the government too should be supporting the Constitution," Justice Yacoob said.
Source - Suitable Kajau
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