Draft Constitution of the Federal Republic of Mthwakazi

Greetings to all!
   
Below I present to you the Draft Constitution (Part 1 and Part 2 consisting of 47 Articles) of the Federal Republic of Mthwakazi. The Full Draft Constitution consists of 14 Parts comprising a total of 274 Articles and is 75 pages long. For ease of reading, I have decided to serialise it into just a few parts at a time, until the whole draft has reached you.  Please review it and send us your feedback. This is the type of vision of governance that we in the Mthwakazi Liberation Front (MLF) believe ought to represent the true aspirations of a people who continue to be under chains of subjugation, domination and humiliation.  As I have said before, an independent state is the only viable option for the people of Mthwakazi.  
CONSTITUTION OF THE FEDERAL REPUBLIC OF MTHWAKAZI

Foreword

With a long and unbroken history of common nationhood characterised by gallantry, love of one another and peaceful coexistence, the people of Beitbridge, Bhelingwe, Binga, Bubi, Bulilima, Gokwe North, Gokwe South,

Gwanda, Gwelo, Hwange, Insiza, Kezi, Kwekwe, Lupane, Selukwe, Shabani, Tsholotsho, Mangwe, Nkayi, Umguza, Umzingwane have come together to reclaim and reestablish the great nation of the Federal Republic of Mthwakazi.
The Federal Republic Mthwakazi is built on solid values of liberty, democracy, independence and peace in solidarity and openness towards the world. The people of Mthwakazi, united in their diversity, are determined to live together in equality, mutual respect and recognition.

The sovereign power of the Federal Republic of Mthwakazi resides with the people. Government is an inviolable sacred trust of the people, the authority for which is derived from the people. The powers of government are exercised by the temporary civilian representatives of the people, and the benefits of which are enjoyed by the people.

This Constitution establishes the solemn commitment of the people of the Federal Republic of Mthwakazi to build a peaceful and prosperous nation that will always strive to serve, in freedom and liberty, the citizens of and all the inhabitants of the Federal Republic of Mthwakazi and the entire world.

Part 1 Founding Provisions
Article 1 The Federal Republic of Mthwakazi

The Federal Republic of Mthwakazi is a federation of the Districts of

Beitbridge, Bhelingwe, Binga, Bubi, Bulilima, Gokwe North, Gokwe South, Gwanda, Gwelo, Hwange, Insiza, Kezi, Kwekwe, Lupane, Selukwe, Shabani, Tsholotsho, Mangwe, Nkayi, Umguza and Umzingwane.

Article 2 The Linguistic Communities

(1) The linguistic communities of the Federal Republic of Mthwakazi are: Masarwa/Nama; Tonga; Nambya; Kalanga; Nguni; Sotho-Tswana; Shangaan; and Venda.

(2) The Barwa are the first citizens and occupy a special place in the Federal Republic of Mthwakazi and a Federal law shall provide, through affirmative action, for their rapid sustainable development and for the preservation of their language, including through its teaching; and culture.

Article 3 Purpose

(1)    The Federal Republic of Mthwakazi exists to protect the liberty and rights of the people and safeguards the independence and security of the Republic.
(2)    It promotes common welfare, sustainable development and cultural diversity of the country.
(3)    It ensures the highest possible degree of equal opportunities for all citizens.
(4)    It strives to safeguard the long-term preservation of natural resources and to promote a just, peaceful and democratic international order.

Article 4 Supremacy of the Constitution

This Constitution is the supreme law of the Republic. Any law or conduct inconsistent with it is invalid; and the obligations imposed by this Constitution must be fulfilled by the Federal government and the Districts and to the extent applicable, by all persons, natural and legal.

Article 5 Districts

The Districts are sovereign insofar as their sovereignty is not limited by this Constitution. The Districts exercise all rights that do not vest exclusively in the Federation.

Article 6 Languages

(1)    The National languages of the Federation are: Kalanga; Masarwa/Nama, Nambya; Ndebele; Xhosa Tonga; Sotho-Tswana; Shangaan; and Venda.
(2)    The Districts designate their official languages. In order to preserve harmony between linguistic communities, they respect the traditional territorial distribution of languages, and consider the indigenous linguistic minorities.
(3)    The Federation and the Districts further communication and exchange between linguistic communities.
(4)    The Federation supports the plurilingual Districts in the fulfilment of their particular tasks.

Article 7 Boundaries of Districts

The boundaries of Districts can only be changed by virtue of a Federal law.

Article 8 Citizenship and Immigration

(1) All citizens are equal and entitled to all the rights, privileges and benefits of citizenship.
(1)    The Federation regulates the acquisition and the loss of citizenship by descent, marriage and adoption. In addition, it regulates the loss of citizenship for other reasons, as well as the restoration of citizenship.
(2)    The Federation regulates the naturalisation of foreigners.
(3)    The Federation facilitates the naturalisation of children who are deemed stateless.
(4)    Foreigners may be removed from Mthwakazi, if they endanger national security, subject to law and due process.

Article 9 National Anthem

The national anthem of the Republic is as set out in the First Schedule of this Constitution.

Article 10 National Flag
The Federal flag has three equal horizontal bands of, from top to bottom, green, gold and red.

Article 11 Federal Capital

(1)    Bulawayo is the capital of the Federal Republic of Mthwakazi. The
Federation is responsible for representing the nation as a whole in the capital.
(2)    The President may, in extreme cases of emergency, temporarily move the capital to another place within the federation; and the capital status shall revert to Bulawayo as soon as the emergency ceases or subsides.

Article 12 Rule of Law

(1)    The law is the basis for and limitation of state activity.
(2)    State activity must be in the public interest and proportional.
(3)    State institutions and private entities must act in good faith.
(4)    The Federal government and the Districts respect international law.

Part 2 Basic, Civil, and Social Rights

Article 13 Right to Life

(1) The right to life is absolute and no sentence of death may be imposed in the Republic.
(2) No person shall be extradited to a country or place where they are likely to face the death penalty.

Article 14 Human Dignity

Human dignity is to be respected and protected.

Article 15 Equality

(1)    All humans are equal before the law.
(2)    Nobody may be discriminated against on the basis of his or her origin, race, sex, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability.
(3)    Men and women have equal rights. The law provides for legal and factual equality, particularly in the family, during education, and at the workplace. Men and women have the right to equal pay for work of equal value.
(4) The law provides for measures to eliminate disadvantages of disabled people.

Article 16 Protection against Arbitrariness and Preservation of Good Faith

Every person has the right to be treated by state institutions without arbitrariness and in good faith.

Article 17 Right to Personal Freedom

(1)    Every person has the right to personal liberty including the right to corporal and mental integrity and freedom of movement.
(2)    Torture and any other form of cruel, inhuman, or degrading treatment or punishment are prohibited.

Article 18 Protection of Children and Adolescents

(1)    Children and adolescents have the right to special protection of the personal integrity and to promotion of their development.
(2)    They exercise their rights according to their capacity to discern.

Article 19 Right to Aid in Distress

Whoever is in distress without the ability to take care of himself or herself has the right to help and assistance from public institutions and to the means indispensable for a life led in human dignity.

Article 20 Protection of Privacy

(1) Every person has the right to respect for his or her private and family life; home; and secrecy of mail and communication.
(2) Every person has the right to be protected against abuse of personal data.

Article 21 Right to Marriage and Family

The rights to marriage and family are guaranteed.

Article 22 Freedom of Faith and Conscience

(1)    The freedom of faith and conscience is guaranteed.
(2)    Every person has the right to freely choose his or her religion or nonreligious belief and to profess them alone or in community with others.
(3)    Every person has the right to join or belong to a religious community and to receive religious education.
(4) No person may be forced to join a religious community, to conduct a religious act or participate in religious education.

Article 23 Freedom of Opinion and Information

(1) The freedom of opinion and information is guaranteed.
(2)    Every person has the right to form, express, and disseminate his or her opinions freely.
(3)    Every person has the right to receive information freely, to gather it from generally accessible sources, and to disseminate it.

Article 24 Freedom of the Media

(1)    The freedom of the press, radio and television as well as all other forms of public broadcasting of productions and information is guaranteed.
(2)    Censorship is prohibited.
(3)    Editorial secrecy is guaranteed.

Article 25 Freedom of Language

The freedom of language is guaranteed.

Article 26 Right to Primary Education

The right to sufficient and free primary education is guaranteed.

Article 27 Freedom of Science

The freedom of scientific research and teaching is guaranteed.

Article 28 Freedom of Art

The freedom of art is guaranteed.

Article 29 Freedom of Assembly

(1) The freedom of assembly is guaranteed.
(2) Every person has the right to organise assemblies, to participate in or to abstain from them.

Article 30 Freedom of Association

(1) The freedom of association is guaranteed.
(2)    Every person has the right to form associations, to join or to belong to them, and to participate in their activities.
(3)    Nobody may be forced to join or to belong to an association.

Article 31 Freedom of Domicile

(1) Citizens of the Federal Republic of Mthwakazi have the right to establish domicile anywhere within the Republic.
(2) They have the right to leave or to return to the Republic.

Article 32 Protection against Expulsion, Extradition, and Removal by Force

(1)    Citizens of the Federal Republic of Mthwakazi may not be expelled from the country; and they may be extradited to a foreign authority only with their consent.
(2)    Refugees may not be removed by force or extradited to a state in which they are persecuted or are likely to face persecution.
(3)    Nobody may be removed by force to a state where he or she is threatened by death, torture or other means of cruel and inhuman treatment or punishment.

Article 33 Guarantee of Property

(1)    Property is guaranteed.
(2)    Expropriation and restrictions of ownership equivalent to expropriation are fully compensated.

Article 34 Economic Freedom

(1) Economic freedom, which entails the free choice of profession as well as free access to and free exercise of private economic activity, is guaranteed.

Article 35 Freedom to Unionise

(1)    Employees, employers, and their organisations have the right to unionise for the protection of their interests, to form unions and to join or refrain from joining them.
(2)    Conflicts ought to be settled by negotiation and mediation as far as possible.
(3)    Strike and lockout are permitted, provided they concern labour relations and do not violate any obligation to keep labour peace or to resort to conciliation.
(4)    The law may prohibit strikes by certain groups of persons.

Article 36 General Procedural Guarantees

(1)    In judicial and administrative proceedings, every person has the right to equal and fair treatment as well as adjudication within reasonable time.
(2)    The parties have the right to be heard.
(3)    Every person lacking the necessary means has the right to free legal assistance.
(4)    A law may provide for free legal counsel to persons facing serious criminal charges to the extent necessary for the protection of such persons' rights.

Article 37 Guarantee of Legal Proceedings

Every person has the right to have legal disputes decided by judicial authority. The Federation and the Districts may in exceptional cases exclude judicial proceedings, but only in accordance with a prior law of general application.

Article 38 Judicial Proceedings

(1)    Every person whose case is to be decided in judicial proceedings has the right to a court established by law, with jurisdiction, independence, and impartiality. Exceptional tribunals are prohibited.
(2)    Every person subjected to civil action has the right to have the case adjudicated by the court of his or her domicile. The law may provide for another venue.
(3)    Court hearings and pronouncements of judgments are public. The law may provide for exceptions.

Article 39 Habeas Corpus

(1)    A person may only be deprived of his or her liberty only in accordance with the law.
(2)    Every person deprived of his or her liberty has the right to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest and of his or her rights. The person has to have the opportunity to assert his or her rights. In particular, he or she has the right to have his or her close relatives informed.
(3)    Every person taken into pretrial detention has the right to be brought before a judicial officer without delay; the judicial officer decides whether the person remains in detention or is released. Every person held in pretrial detention is entitled to trial within a reasonable time.
(4)    Every person deprived of his or her liberty without a trial is entitled to access to a court at any time. The court decides as soon as possible on the lawfulness of the detention.

Article 40 Criminal Procedure

(1)    Everyone is to be presumed innocent until convicted according to law.
(2)    Everyone charged with a criminal offence has the right to be informed promptly and comprehensively of the accusation against him or her. He or she must have the opportunity to assert his or her rights of defence.
(3)    Every condemned person has the right to have the judgement reviewed by a higher court.

Article 41 Right of Petition

(1) Every person has the right to address petitions to authorities; no adverse consequences may arise from using this right.
(2) The authorities have to take cognizance of petitions.

Article 42 Political Rights

(1)    The political rights are guaranteed.
(2)    The guarantee of political rights protects the free formation of opinion by the citizens and the unaltered expression of their will in democratic, transparent, free and fair elections.

Article 43 Realisation of Fundamental Rights

(1)    Fundamental rights are the foundation of the entire legal system.
(2)    Whoever exercises a public function is bound to the fundamental rights and obliged to contribute to their implementation.
(3)    The authorities ensure that fundamental rights, where relevant, also become effective among private parties.

Article 44 Limitations of Fundamental Rights

(1)    Limitations of fundamental rights require a basis in law. Serious limitations have to be expressly provided for in a statute. Cases of clear and present danger not to be avoided by other means are exempt.
(2)    Limitations of fundamental rights have to be justified by public interest or by the protection of fundamental rights of others.
(3)    Limitations of fundamental rights shall not exceed the purpose of the limitation.
(4)    The essence of fundamental rights is inviolable.

Article 45 Exercise of Political Rights

(1) The Federation regulates the exercise of political rights in federal matters; the Districts regulate the exercise of these rights in District and local authority matters.

Article 46 Protection of Rights

(1)    The Courts shall protect and promote all rights set out in this Constitution and shall make such orders as are necessary to prevent any current or future violation of rights and to remedy any violations.
(2)    In order to assist in the expeditious determination of any issues relating to violation of human rights, the Federal Parliament must, within two years of the coming into force of this Constitution, enact a law establishing the Mthwakazi Human Rights and Equality Commission (MHREC).
(3)    The law establishing the Mthwakazi Human Rights and Equality Commission (MHREC) shall provide, among other things, the following:
(a)    Appointment of five highly qualified, distinguished, independent, impartial Commissioners, the majority of whom must be lawyers with a distinguished track record in the protection and promotion of human rights. Such appointment shall be made by the President on the recommendations of the Federal Parliament.
(b)    The Mthwakazi Human Rights and Equality Commission (MHREC) shall have the power to receive complaints of human rights violations from any person and shall have the power to conduct investigation to determine whether and to what extent there has been any human rights violation, including anything that undermines equality such as hate speech based on ethnicity, race, gender, religious affiliation, sexual orientation or any ground of discrimination prohibited by this Constitution or by international law.
(c)    The Mthwakazi Human Rights and Equality Commission (MHREC) may make such orders as are necessary to prevent any current or future violation of rights and to remedy any violations.
(d)    In the discharge of its mandate, the Mthwakazi Human Rights and Equality Commission (MHREC) shall endeavour to finalise its processes as expeditiously as possible and at minimal cost to the complainants and those accused of human rights violations.
(e)    The law establishing the Mthwakazi Human Rights and Equality Commission (MHREC) should give it such other powers as are adequate to enable it to effectively discharge its mandate.

Article 47 Facilitation of the Exercise of Political Rights

(1) To facilitate the exercise of political rights, especially the free formation of opinion by the citizens and the unaltered expression of their will in democratic, transparent, free and fair elections, the Mthwakazi Electoral Commission (MEC) is established.


Churchill Mpiyesizwe Guduzaop@federalrepublicofmthwakazi.org