DRAFT CONSTITUTION OF
UNITED
MTHWAKAZI
REPUBLIC
[THE UNION OF MTHWAKAZI]
FIRST DRAFT CONSTITUTION OF
UNITED
MTHWAKAZI
REPUBLIC
[THE UNION OF MTHWAKAZI]
25 JANUARY 2014
BACKGROUND The word Mthwakazi was derived from the name of Queen MuThwa, the first ruler of the Mthwakazi territory. The Muthwa pseudodynasty survived up to around the 18 th century. She was the matriarch of the AbaThwa, the San people. With the arrival of Bantu people, the Mthwakazi territory became, increasingly, a center of diverse cultures. These local groups maintained their local autonomy, however, boundaries were fluid and intermarriages were common. The later arrival of the Nguni peoples, in the late 18th century and early 19th century, saw the InterCultural Society of Mthwakazi evolving into a sovereign state that was recognised by both neighbouring African states and foreign (European) powers. Mthwakazi has a long history of diverse cultures and arts. Imbongi (poets) began poetically describing the wonderful social structure of Mthwakazi with references like “uMbuthwa okazi” (the great collective union), which when speaking sounds like Mthwakazi. Mzilikazi is said to have marveled at the great diverse and collective union saying “Saze sabasihle isizwe sakoMthwakazi, uMbuthwa okazi!, undlela zimhlophe!, njenginsimu yamaluba”, loosely translated as: “O, how beautiful, great and diverse the union is. It is like a garden of flowers”. Several peace treaties, marking the borders of Mthwakazi, were signed and Mthwakazi existed as a sovereign state. However, the colonial powers, occupying the eastern neighboring state at the time, later disregarded these agreements and invaded Mthwakazi on the 3rd of November 1893. Mthwakazi faught a bitter defensive battle at Gadade, Mbembesi, but as fate would have it, lost and so began a long period of occupation and rule by conquest.
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ACKNOWLEDGMENTS We would like to take this opportunity to thank the people of Mthwakazi for being so resolute and clear on the form of Government they would want formed. This Draft Constitution is a humble attempt to collate and present ideas which have been ever present, from as far back as requests made by Induna K. Ndiweni, yet ever repressed. We the people of Mthwakazi have for so long toiled under the colonial repression and oppression of both a foreign European power and a neighbouring state, masquerading its legitimacy in the form of a Unity Accord. It is a historical fact that the purported Unity Accord was achieved by cohesive and genocidal means. We the people of Mthwakazi are determined to pursue our right to selfdetermination. It is of our fundamental interest to pursue this just cause PEACEFULLY. We shall follow all constitutional means necessary, political means necessary and other peaceful means available to achieve this inalienable right to selfdetermination. People of Mthwakazi, let us define our constitution today such that we will not be caught offguard the day we will achieve our Independence when a runaway party, for its political interest, attempts to steal away our rights. Let us define the Constitution now, when Independence comes let us all guard civil liberties and local autonomy of our regions. To keep the debate alive and improving our Constitution before official adoption, contact the Mthwakazi Constitutional Team on
[email protected]
[email protected] A facebook page shall be created and the nation notified in order to keep dialogue on and improve our Constitution for the betterment of all.
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TABLE OF CONTENTS
CONTENTS
PAGE
BACKGROUND....................................................................................................... i ACKNOWLEDGMENTS........................................................................................... ii TABLE OF CONTENTS
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CHAPTER 1: FOUNDING PROVISIONS................................................................... 1 CHAPTER 2: DECLARATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS....................................................................................... 6 CHAPTER 3: THE MONARCH................................................................................. 12 CHAPTER 4: THE EXECUTIVE............................................................................... 15 CHAPTER 5: THE LEGISLATURE............................................................................ 22 CHAPTER 6: THE JUDICIARY................................................................................. 28 CHAPTER 7: ELECTIONS....................................................................................... 32 CHAPTER 8: LOCAL SELF GOVERNANCE (DEVOLUTION)...................................... 36 CHAPTER 9: PUBLIC FINANCE............................................................................... 40 CHAPTER 10: CIVIL SERVICE................................................................................ 42 CHAPTER 11: SECURITY SERVICES...................................................................... 44 CHAPTER 12: AMENDMENTS AND OTHER PROVISIONS....................................... 52 APPENDIX.............................................................................................................. A1
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CHAPTER I FOUNDING PROVISIONS ARTICLE 1: THE UNION i.
The regions of Mthwakazi unite to form a Union, which shall be discriptively known as the Union of Mthwakazi.
ii. The Union shall be called United Mthwakazi Republic. iii. The Union of Mthwakazi is composed of autonomous regions of Bulilima, Limpopo, Mpumalanga, Nkabazwe and Zambezi. iv. The Union of Mthwakazi is a devolved, democratic, sovereign and constitutional monarchy.
ARTICLE 2: TERRITORIES OF THE UNION OF MTHWAKAZI The Union of Mthwakazi shall consist of all and full territories which are historically and precolonially the territories of the Mthwakazi Kingdom; also known as Matabele Kingdom or historically referred to as Matabeleland, that is to say : i.
The territories northwest of the Limpopo line as agreed in the Treaty of Friendship with Transvaal signed in July 1887 by King Lobengula and Pieter Grobbler on behalf of Kruger.
ii. The territories north of the Ramokgwebana line as agreed in the Moffat’s Treaty of Peace and Unity of 1888 . On 11 February 1888, King Lobengula and the British assistant commissioner for the Bechuanaland Protectorate, Reverent John Moffat on behalf of Sir Hercules Robinson the High Commissioner and Governor of the Cape, signed the Treaty of Peace and Unity between the Great Queen of England and the Mighty Elephant of Mthwakazi. Lord Salisbury the British Prime Minister gave Robinson the authority to ratify the treaty on 25 June 1888. iii. The territories south and west of the Jameson line as agreed in 1891 between Jameson the Administrator of the BSA Co. (British South Africa Company) on behalf of the British Government and King Lobengula as signed defining the physical boundary between Mashonaland and Mthwakazi running along Sanyati River, Shashi River and Togwe River. iv. The territories south of the Zambezi River.
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ARTICLE 3: SUPREMACY OF CONSTITUTION i.
This Constitution is the supreme law of the Union of Mthwakazi and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
ii. The obligations imposed by this Constitution are binding on every person, natural or juristic, including the Union, the monarch and all executive, legislative and judicial institutions and agencies of the Union and/or government at every level, and must be fulfilled by them.
ARTICLE 4: FOUNDING VALUES AND PRINCIPLES 1. The Union of Mthwakazi is founded on respect for the following values and principles : a. supremacy of the Constitution; b. the rule of law; c. fundamental human rights and freedoms; d. the nation’s diverse cultural, religious and traditional values; e. recognition of the inherent dignity and worth of each human being; f.
recognition of the equality of all human beings;
g. gender equality; and h. good governance . 2. The principles of good governance, which bind the Union, the monarchy, the union government, provincial governments and all institutions and agencies of the Union at every level, include : a. fair and proportional representation of diverse groups; b. a multiparty democratic political system; c. an electoral system based on : i.
universal adult suffrage and equality of votes;
ii. free, fair and regular elections; and iii. adequate representation of the electorate; d. the orderly transfer of power following elections; e. the orderly accession to the monarch throne following legitimate opening of the vacancy; f.
respect for the rights of all political parties;
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g. observance of the principle of separation of powers; h. respect for the people of the Union of Mthwakazi, from whom the authority to govern is derived; i.
transparency, justice, accountability and responsiveness;
j.
the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
k. recognition of the rights of : i.
ethnic, racial, cultural, linguistic and religious groups;
ii. persons with disabilities; iii. women, the elderly, youths and children; iv. traditional institutions l.
the equitable sharing of national resources, including land;
m. due respect for vested rights; and n. the autonomy of provinces in exercising governmental powers and functions.
ARTICLE 5: UNION FLAG, UNION ANTHEM, PUBLIC SEAL, COAT OF ARMS AND MONARCH SEAL i.
The Union of Mthwakazi shall have a Union Flag, a Union Anthem, a Union Coat of Arms and a Public Seal, which shall be adopted through an act of Union Parliament.
ii. The Union of Mthwakazi shall have a Monarch Seal and a Monarch Coat of Arms, which shall be adopted by the Union Parliament through a proposal by the House of Chiefs.
ARTICLE 6: TIERS OF GOVERNMENT The tiers of government in the Union of Mthwakazi are : a.
the Union Government;
b.
provincial governments;
c.
local authorities, that is to say i.
city councils, to represent and manage the affairs of people in urban areas designated the city status;
ii. town councils, to represent and manage the affairs of people in urban areas designated the town status; iii. rural councils, to represent and manage the affairs of people in rural areas
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within the districts into which the provinces are divided. ARTICLE 7: LANGUAGES i.
The following languages, namely English, Kalanga, Karanga, Koisan, Nambya, Ndau, Ndebele, Shangani, sign language, Sotho, Tonga, Tswana, Venda and Xhosa, are the officially recognised languages of the Union of Mthwakazi.
ii. An Act of Union Parliament may prescribe other languages as officially recognised languages. iii. An Act of Union Parliament shall prescribe five languages as languages of record at Union Level. iv. An Act of Provincial Parliament in each autonomous province shall prescribe three languages as languages of record at provincial level and one of the three languages must be a Union language of record. v. The Union and all institutions and agencies of government at every level must : a.
ensure that all officially recognised languages are treated equitably; and
b.
take into account the language preferences of people affected by
governmental measures or communications. vi. The Union must promote and advance the use of all languages used in the Union of Mthwakazi, including sign language, and must create conditions for the development of those languages.
ARTICLE 8: PROMOTION OF PUBLIC AWARENESS OF CONSTITUTION 1.
Before the attainment of Freedom, Indipendence and Sovereignty of the Union of Mthwakazi, all organisations, including civic organisations, supportive of the restoration of historical Mthwakazi must : i.
promote public awareness of this Constitution ;
ii.
translate it into all officially recognised languages and disseminate it as widely as possible;
iii.
develop commentaries to this constitution in all officially recognised languages and disseminate them as widely as possible;
iv.
encourage all persons and organisations, including civic organisations, to disseminate awareness and knowledge of this Constitution throughout society.
2.
At attainment of Freedom, Indipendence and Sovereignty of the Union of
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Mthwakazi, the Union must promote public awareness of this Constitution, in particular by : i.
translating it into all officially recognised languages and disseminating it as widely as possible;
ii.
requiring this Constitution to be taught in schools and as part of the curricula for the training of members of the security services, the Civil Service and members and employees of public institutions; and
iii.
encouraging all persons and organisations, including civic organisations, to disseminate awareness and knowledge of this Constitution throughout society.
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CHAPTER 2 DECLARATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
ARTICLE 9: THE RIGHT TO LIFE i.
Every person has the right to life.
ii.
A law may permit a life sentence to be imposed only on a person convicted of murder committed in aggravating circumstances, and
iii. An Act of the Union Parliament must protect the lives of unborn children and must provide the conditions on which pregnancy may be terminated.
ARTICLE 10: RIGHT TO PERSONAL LIBERTY i.
ii.
Every person has the right to personal liberty, which includes the right : a.
not to be detained without trial; and
b.
not to be deprived of their liberty arbitrarily or without just cause.
No person may be imprisoned merely on the ground of inability to fulfil a contractual obligation.
ARTICLE 11: RIGHTS OF ARRESTED AND DETAINED PERSONS 1.
Any person who is arrested or detained : a.
must be informed at the time of arrest of the reason for the arrest;
b.
must be permitted, without delay : i.
at the expense of the Union or Province, whatever arrested or detained the person, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and
ii. at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice; iii. subject to reasonable restrictions imposed for the proper administration of prisons or places of detention, communicate with anyone else of their choice; and must be informed of this right promptly; c.
must be treated humanely and with respect for their inherent dignity;
d.
must be released unconditionally or on reasonable conditions, pending a
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charge or trial, unless there are compelling reasons justifying their continued detention; and e.
must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful.
2.
Any person who is arrested or detained and who is not released must be brought before a court as soon as possible and in any event not later than fortyeight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on a Saturday, Sunday or public holiday.
3.
Any person who is arrested or detained for an alleged offence has the right : a.
to remain silent;
b.
to be informed promptly : i.
of their right to remain silent; and
ii. of the consequences of remaining silent and of not remaining silent; c.
not to be compelled to make any confession or admission; and
d.
at the first court appearance after being arrested, to be charged or to be informed of the reason why their detention should continue, or to be released.
4. Any person who is detained pending trial for an alleged offence and is not tried within a reasonable time must be released from detention, either unconditionally or on reasonable conditions to ensure that after being released they : i.
attend trial;
ii.
do not interfere with the evidence to be given at the trial; and
iii. do not commit any other offence before the trial begins. 5.
If there are reasonable grounds to believe that a person is being detained illegally or if it is not possible to ascertain the whereabouts of a detained person, any person may approach the Provincial or Union High Court, whichever applies, for an order : i.
of habeas corpus, that is to say an order requiring the detained person to be released, or to be brought before the court for the lawfulness of the detention to be justified, or requiring the whereabouts of the detained person to be disclosed; or
ii.
declaring the detention to be illegal and ordering the detained person’s prompt release;
and the Provincial or Union High Court may make whatever order is
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appropriate in the circumstances.
ARTICLE 12: RIGHT TO HUMAN DIGNITY i.
Every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected.
ii.
Every person has the right to bodily and psychological integrity, which includes the right : a.
to freedom from all forms of violence from public or private sources;
b.
subject to any other provision of this Constitution, to make decisions concerning reproduction;
c.
not to be subjected to medical or scientific experiments, or to the extraction or use of their bodily tissue, without their informed consent.
iii.
No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.
iv.
No person may be subjected to slavery or servitude.
v.
No person may be made to perform forced or compulsory labour.
ARTICLE 13: EQUALITY AND NONDISCRIMINATION i.
All persons are equal before the law and have the right to equal protection and benefit of the law.
ii. Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. iii. Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock. iv. The Union must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination.
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ARTICLE 14: RIGHT TO PRIVACY Every person has the right to privacy, which includes the right not to have : i.
their home, premises or property entered without their permission;
ii. their person, home, premises or property searched; iii. their possessions seized; iv. the privacy of their communications infringed; or v. their health condition disclosed.
ARTICLE 15: FREEDOM OF ASSEMBLY AND ASSOCIATION
i. Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others.
ii. No person may be compelled to belong to an association or to attend a meeting or gathering.
ARTICLE 16: FREEDOM TO DEMONSTRATE AND PETITION Every person has the right to peacefully demonstrate and to present petitions. ARTICLE 17: FREEDOM OF CONSCIENCE i.
Every person has the right to freedom of conscience, which include :
a.
freedom of thought, opinion, religion or belief; and
b.
freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.
ii. No person may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief.
iii. Parents and guardians of minor children have the right to determine, in accordance with their beliefs, the moral and religious upbringing of their children, provided they do not prejudice the rights to which their children are entitled under this Constitution, including their rights to education, health, safety and welfare. iv. Any religious community may establish institutions where religious instruction may be given, even if the institution receives a subsidy or other financial assistance from the Union.
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ARTICLE 17: FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA i.
Every person has the right to freedom of expression, which includes :
a.
freedom to seek, receive and communicate ideas and other information;
b.
freedom of artistic expression and scientific research and creativity; and
academic freedom. ii. Freedom of expression and freedom of the media exclude :
c. a.
incitement to violence;
b.
advocacy of hatred or hate speech;
c.
malicious injury to a person’s reputation or dignity; or
d.
malicious or unwarranted breach of a person’s right to privacy.
ARTICLE 18: LANGUAGE AND CULTURE Every person has the right : i.
to use the language of their choice; and
ii. to participate in the cultural life of their choice. ARTICLE 19: PROPERTY RIGHTS Every person and/or citizen of the Union of Mthwakazi has the right, in any part of the Union, to lawfully acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others. ARTICLE 20: RIGHT TO EDUCATION i.
Every citizen and permanent resident of the Union of Mthwakazi has a right to education, including adult basic education.
ii. Every person has the right to establish and maintain, at their own expense, independent educational institutions of reasonable standards, provided they do not discriminate on any ground prohibited by this Constitution.
ARTICLE 21: RIGHT TO HEALTH CARE Every citizen and permanent resident of the Union of Mthwakazi has the right to have access to basic healthcare services, including reproductive healthcare services.
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ARTICLE 22: RIGHT TO FOOD AND WATER Every person has the right to safe, clean water and sufficient food. ARTICLE 23: MARRIAGE RIGHTS i.
Every person who has attained the age of eighteen years has the right to found a family.
ii. No person may be compelled to enter into marriage against their will.
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CHAPTER 3 THE MONARCH
ARTICLE 24: THE MONARCH AND THE UNION
i. The Monarch of the Union shall be the symbol of the Union and of the unity of the people, deriving his/her position from the will of the people.
ii. The Monarch shall be ceremonial.
ARTICLE 25: THE PEOPLE The sovereignty of the Union and power resides in the people.
ARTICLE 26: ACCESSION TO THE MONARCH THRONE i.
An Act of the Union Parliament shall enact a Law governing accession to the Monarch Throne.
ii. The first Monarch to the Union shall be passed by a vote of more than two thirds of the Union Parliament. iii. Before accession of the first Monarch to the Union, the Throne of the Monarch shall be managed as specified in Article 34.
ARTICLE 27: SUPREMACY OF CONSTITUTION AND SEPARATION OF POWER i.
The Monarch shall perform only such acts in matters of the Union as are provided for in this Constitution and he/she shall not have powers related to government.
ii. No property can be given to or received by the Monarch, nor can any gifts be made therefrom, without the authorisation of the Government.
ARTICLE 28: APPOINTMENT OF THE PRIME MINISTER i.
The Monarch shall appoint a Prime Minister;
ii. the Prime Minister shall be the Head of Government; and iii. the Prime Minister shall be elected according to the Law.
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ARTICLE 29: RESIGNATION OF THE PRIME MINISTER The Monarch shall accept or refuse to accept the resignation of the Prime Minister. ARTICLE 30: SUPREME COMMAND OF THE UNION DEFENSE FORCES i.
The supreme command of the Union Defence Forces is hereby vested in the Monarch.
ii. The exercise of the supreme command of the Union Defence Forces shall be regulated by Law. iii. All commissioned officers of the Defence Forces shall hold their commissions from the Monarch. ARTICLE 31: ACCESSION OF AMMENDMENTS AND BILLS INTO LAW 1. Every Bill passed or deemed to have been passed by both Houses of the Parliament or amendments to this Constitution through referendums shall require the signature of the Monarch for their enactment into law. 2. The Monarch shall promulgate every law made by the Parliament.
ARTICLE 32: OTHER ACTIONS OF THE MONARCH IN THE UNION i.
The Monarch shall have the power to proclaim the general election accordance with the Law.
ii. The Monarch shall not have the power to initiate a move to dissolve the Union Parliament or any House of the Union Parliament. iii. The Monarch shall have the power to award honours. iv. The Monarch shall have the power to Perform ceremonial functions.
ARTICLE 33: MATTERS OF UNION AND/OR PUBLIC IMPORTANCE i.
The Monarch may, after consultation with the Union Cabinet, communicate with the Houses of Parliament by message or address on any matter of Union or Public importance.
ii. The Monarch may, after consultation with the Union Cabinet, address a message to the Nation at any time on any such matter. iii. Every such message or address must, however, have received the approval of the Government.
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ARTICLE 34: INCAPACITATION OR ABSENCE OF THE MONARCH 1. In the event of the absence of the Monarch, or his/her temporary incapacity, or his/her permanent incapacity, or in the event of his/her death, resignation, or failure to exercise and perform the powers and functions of his/her Throne or any of them, or at any time at which the Throne of the Monarch may be vacant, the powers and functions conferred on the Monarch by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article. 2. The Commission shall consist of the following persons, namely;
i.
the Chief Justice;
ii.
the President of Senate; and
iii.
the President or Speaker of National Congress.
3. The Judge President of the Union High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act. 4. The Vice President of Senate shall act as a member of the Commission in the place of the President of Senate on any occasion on which the office of President of Senate is vacant or on which the said President is unable to act. 5. The VicePresident or Deputy Speaker of National Congress shall act as a member of the Commission in the place of the President or Speaker of National Congress on any occasion on which the office of the President or Speaker of National Congress is vacant or on which the said President or Speaker of National Congress is unable to act. 6. The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership. 7. The Cabinet may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the Monarch by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.
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CHAPTER 4 THE EXECUTIVE ARTICLE 35: EXECUTIVE AUTHORITY i.
Executive authority derives from the people of the Union of Mthwakazi and must be exercised in accordance with this Constitution.
ii. The executive authority of the Union of Mthwakazi vests in the Cabinet which exercises it subject to this Constitution. iii. The Prime Minister shall be the head and chairperson of the Cabinet
ARTICLE 36: ELECTION OF THE PRIME MINISTER i.
The Prime Minister of the Union shall be elected, following general elections, by the Union Parliament without debate on the request of the Monarch.
ii. The person who receives the votes of a majority of the Members of the Union Parliament shall be elected. iii. The person elected shall be appointed by the Monarch. iv. The Monarch shall request the Union Parliament to elect a Prime Minister within fourteen days from the announcement of results of the General Election. v. In the event of no person attaining a majority vote in the election for the Prime Minister, the first two candidates shall enter a runoff election.
ARTICLE 37: APPOINTMENT OF MINISTERS i.
The Prime Minister and/or other Ministers of the Union must be civilians.
ii. The Prime Minister and/or other Ministers of the Union must meet requirements to be eligible to vote in the General Election. iii. The Prime Minister shall appoint the Ministers of the Union. iv. A majority of the Ministers of the Union must be chosen from among the members of the Union Parliament. v. The Prime Minister may remove or appoint the Ministers of the Union as he/she deems necessary. vi. The Prime Minister shall without delay appoint a Deputy Prime Minister who must be chosen from among the members of the Union Parliament.
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ARTICLE 38: OATH OF OFFICE i.
On assumption of office, the Prime Minister or other Ministers of the Union shall take the following oath before the assembled Members of the Union Parliament: “I swear that I will dedicate my efforts to the wellbeing of the people of the Union of Mthwakazi, promote their welfare, protect them from harm, uphold and defend the Constitution and the laws of the Union, perform my duties conscientiously,
and do justice to all. So help me God.” ii. The oath may also be taken without the religious affirmation. iii. This oath may be taken by any other elected officer required to take an oath at any level of the Union. iv. For Provincial Officers taking oaths, the name of the Province may be included and the oath may read: “I swear that I will dedicate my efforts to the wellbeing of the people of [nameofProvince] Province and the Union of Mthwakazi, promote their welfare, protect them from harm, uphold and defend the Constitution and the laws of the Union, perform my duties conscientiously, and do justice to all. So help me God.”
ARTICLE 39: TERM OF OFFICE OF THE PRIME MINISTER i.
The term of office of the Prime Minister commences on the day he or she is appointed by the Monarch and assumes office.
ii. The term of office of the Prime Minister extends until : a.
he or she resigns or is lawfully removed from office, in accordance with Article 40; or
b. the expiration of his or her term in office; iii. The term of office is five years and coterminous with the life of Parliament. iv. No person shall occupy the Prime Minister's office for any more than two terms, whether continuous or not.
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ARTICLE 40: IMPEACHMENT OF GOVERNMENT The Union Parliament may pass a resolution of no confidence by two thirds majority, or rejects a confidence resolution by simple majority, in which case the Cabinet shall resign altogether, unless the Union Parliament is dissolved within ten days in accordance with the Law.
ARTICLE 41: RESIGNATION OF PRIME MINISTER The Prime Minister may resign his or her office by written notice to the Monarch, who must give public notice of the resignation as soon as it is possible to do so and in any event within twentyfour hours.
ARTICLE 42: SUCCESSION IN EVENT OF DEATH, RESIGNATION OR INCAPACITY OF PRIME MINISTER i.
If the Prime Minister dies, resigns, is removed from office, or his or her office is vacant by whatever incapacitating reason, the Deputy Prime Minister assumes office as Prime Minister until the expiry of the former Prime Minister's term of office;
ii. upon assuming office as Prime Minister, the former Deputy Prime Minister must without delay appoint a qualified person from Cabinet to be Deputy Prime Minister until the expiry of the former Prime Minister's term of office.
ARTICLE 43: THE UNION CABINET 1. There shall be a Cabinet consisting of the Prime Minister, as head of the Cabinet, the Deputy Prime Minister and all Ministers as appointed by the Prime Minister. 2. Cabinet meetings are presided over by the Prime Minister or, in his or her absence, by the Deputy Prime Minister or, in their absence, by a Minister as may be designated by the Prime Minister.
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ARTICLE 44: ACCOUNTABILITY OF PRIME MINISTER AND OTHER MINISTERS i.
Subject to this Constitution, the Deputy Prime Minister and every Minister appointed by the Prime Minister is accountable, collectively and individually, to the Prime Minister for the performance of his or her functions.
ii. The Prime Minister, Deputy Prime Minister and every Minister must attend Union Parliament and parliamentary committees in order to answer questions concerning matters for which he or she is collectively or individually responsible.
ARTICLE 45: EXECUTIVE FUNCTIONS OF PRIME MINISTER AND CABINET i.
The Prime Minister has the powers conferred by this Constitution and by any Act of Union Parliament or other law, including those necessary to exercise the functions of Head of Government.
ii. Subject to this Constitution, the Prime Minister is responsible for : a.
keeping the Monarch informed on matters of Union interest and governance;
b.
assenting to Bills and referring them to the Monarch for signing;
c.
referring a Bill to the Constitutional Court for an opinion or advice on its constitutionality;
d.
summoning the National Congress, the Senate or Parliament to an extraordinary sitting to conduct special business;
e.
making appointments which the Constitution or legislation requires the Prime Minister to make;
f.
seek clearance of the Constitutional Court and call for referendums on any matter in accordance with the law;
g.
lawfully deploying the Defence Forces;
h.
appointing ambassadors, representatives; and plenipotentiaries, and diplomatic and consular representatives; and
i.
receiving and recognising foreign diplomatic and consular representatives
and presenting them to the Monarch. iii. Subject to this Constitution, the Cabinet is responsible for : a.
directing the operations of Union Government;
b.
conducting Union Government business in Union Parliament;
c.
preparing, initiating and implementing national legislation;
d.
developing and implementing national policy;
e.
advising the Prime Minister; and
f.
directing Union Policy in Provincial Governments.
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iv. Subject to this Constitution and in consultation with the Monarch, the Prime Minister may conclude or execute conventions, treaties and agreements with foreign states and governments and international organisations. v. A decision by the Prime Minister must be in writing if it is taken in terms of legislation. vi. In the exercise of his or her executive functions, the Prime Minister must act on the advice of the Cabinet, except when he or she is acting in terms of subsection (ii) above.
ARTICLE 46: WAR AND PEACE i.
In consultation with the Monarch, the Prime Minister has power to declare war and make peace, and must advise the Senate and the National Congress within seven days.
ii. Such declaration of war must be ratified by Parliament, by a simple majority, within sixty days, failure of which the Prime Minister should take all practical steps to disengage from the war, taking due account of the need to ensure the safety of Mthwakazian personnel and equipment. iii. The Senate and the National Congress, by a joint resolution passed by at least two thirds, may resolve that a declaration of war should be revoked at any time. iv. Where Parliament has resolved that a declaration of war should be revoked, the Prime Minister must take all practical steps to disengage from the war, taking due account of the need to ensure the safety of Mthwakazian personnel and equipment.
ARTICLE 47: POWER OF MERCY The Prime Minister, after consultation with the Monarch and after consultation with the Cabinet, may exercise the power of mercy, that is to say, may : i.
grant a pardon to any person concerned in or convicted of an offence against any law; or
ii. substitute a less severe punishment for that imposed for any offence; and the grant of a pardon or the substitution or suspension of a sentence must be published in the Union Gazette.
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ARTICLE 48: STATES OF PUBLIC EMERGENCY i.
The Prime Minister after consultation with the Monarch may by proclamation in the Gazette declare that a state of public emergency exists in the whole or any part of the Union of Mthwakazi.
ii. A declaration of a state of public emergency ceases to have effect after fourteen days beginning with the day of publication of the proclamation in the Gazette unless, before the end of that period, the declaration is approved by at least two thirds of the total membership of Union Parliament at a joint sitting of the Senate and the National Congress. iii. If the Union Parliament is dissolved during the period of fourteen days after a state of public emergency has been declared, the declaration ceases to have effect after twentyone days, beginning with the day of publication of the proclamation in the Gazette, unless within that period the declaration is approved by a majority of all the Members of the new Union Parliament at a joint sitting of the Senate and the National Congress. iv. A declaration of a state of public emergency which has been approved under subsection (ii) or (iii) remains in effect for three months from the date on which the proclamation was published in the Gazette unless it has earlier been revoked or ceased to have effect under this Article. v. If a declaration of a state of public emergency is not approved after consideration by the Union Parliament, or if for any reason it is not considered by the Union Parliament within the period specified in this Article, the Prime Minister must, within seven days, by proclamation in the Gazette, revoke the declaration. vi. If, by a resolution passed by a majority of the members present at a joint sitting of the Senate and the National Congress, the Union Parliament resolves that a declaration of a state of public emergency : a.
should be continued for a further period not exceeding three months, the Prime Minister must without delay, by proclamation in the Gazette, extend the declaration for that further period;
b.
should be revoked or that it should apply within a smaller area, the Prime Minister must without delay, by proclamation in the Gazette, revoke the
declaration or provide that the declaration relates to that smaller area. vii. The Constitutional Court, on the application of any interested person, may determine the validity of : a.
a declaration of a state of public emergency;
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b. any extension of a declaration of a state of public emergency. viii. Any court may determine the validity of any legislation enacted, or other action taken, in consequence of a declaration of a state of public emergency.
ARTICLE 49: UNION ATTORNEYGENERAL i.
There shall be an AttorneyGeneral appointed by the Monarch on the recommendation of the Prime Minister.
ii. A person who has been appointed as Union AttorneyGeneral assumes office upon taking before the Monarch, or a person authorised by the Monarch, the oaths of loyalty and office. iii. A person is qualified for appointment as Union AttorneyGeneral if he or she is qualified for appointment as a judge of the High Court. iv. The functions of the AttorneyGeneral are : a.
to act as the principal legal adviser to the Union Government;
b.
to represent the Union Government in civil and constitutional proceedings;
c.
to draft legislation on behalf of the Union Government;
d.
to promote, protect and uphold the rule of law and to defend the public interest; and
e.
to exercise any other functions that may be assigned to the Union Attorney General by an Act of Parliament;
and the AttorneyGeneral may exercise those functions in person or through subordinate officers acting under the AttorneyGeneral’s general or specific instructions. v. The Union AttorneyGeneral may :
a.
attend Cabinet meetings, but has no vote;
b.
sit and speak in the Senate and the National Assembly, but has no vote; and
c.
with the leave of the court concerned, appear as a friend of the court in any civil proceedings to which the Government is not a party.
ARTICLE 50: REMOVAL FROM OFFICE OF UNION ATTORNEYGENERAL The Monarch acting on the recommendations of the Prime Minister may at any time remove the Union AttorneyGeneral from office.
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CHAPTER 5 THE LEGISLATURE ARTICLE 51: THE LEGISLATURE i.
The Legislature of the Union of Mthwakazi consists of Parliament and the Prime Minister acting in accordance with this Chapter.
ii. The legislative authority of the Union of Mthwakazi is derived from the people and is vested in and exercised in accordance with this Constitution by the Legislature. iii. The legislative authority confers on the Legislature the power :
a.
to propose amendments to this Constitution which shall be adopted or rejected through referendums;
b.
to make laws for the peace, order and good governance of the Union of Mthwakazi; and
c.
to confer subordinate legislative powers upon another body or authority in accordance with this Constitution.
ARTICLE 52: THE UNION PARLIAMNENT AND ITS ROLE i.
The Union Parliament consists of the Senate and the National Congress, which may be refered to as the Upper and Lower House respectively.
ii. The Union Parliament must protect this Constitution, protect the autonomy of Provinces and promote democratic governance in the Union of Mthwakazi. iii. The Union Parliament has power to ensure that the provisions of this Constitution are upheld and that the Union and all institutions and agencies of government at every level act constitutionally and in the interest of the Union. iv. For the purposes of subsection (ii), all institutions and agencies of the Union and Union Government at every level are accountable to the Union Parliament, while all institutions and agencies of Provinces and Provincial Governments at every level are accountable to Provincial Parliaments. v. The term of office of members of Union Parliament shall be five years.
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ARTICLE 53: THE SENATE i.
The Senate shall be the Upper House of the Union Parliament.
ii. The Senate shall consist of twentyeight Senators, of whom: a.
four are elected from each of the autonomous provinces into which the Union of Mthwakazi is divided;
b.
seven Paramount Chiefs; and
c. one disabled person to represent the interests of the disabled people. iii. The Electoral Law shall set out qualifications for Senatorial candidates and their disqualification. iv. At its first sitting after a general election and before proceeding to any other business, the Senate must elect a presiding officer to be known as the President of the Senate and his or her deputy, known as Vice President of the Senate, from the elected members of the Senate. v. Whenever there is a vacancy in the office of President of the Senate, the Vice President of the Senate must assume the office of the President of the Senate, and the Senate must without delay elect a person to fill the vacancy of the Vice President of the Senate. ARTICLE 54: THE NATIONAL CONGRESS i.
The National Congress shall be the Lower House of the Union Parliament.
ii. The National Congress consists of sixty members elected by secret ballot from the sixty constituencies into which the Union of Mthwakazi is divided; iii. The Union of Mthwakazi must be demarcated into equal numbers of constituencies per province. iv. Elections of Members of the National Congress must be conducted in accordance with the Electoral Law. v. The Electoral Law shall set out qualifications for Members of the National Congress and their disqualification.
ARTICLE 55: THE STRUCTURE OF THE NATIONAL CONGRESS i.
An Act of Union Parliament shall adopt a functional structure of the National Congress.
ii. The term of office of members of the National Congress shall be five years. However,
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the term shall be terminated before the full term is up in case the National Congress is dissolved. ARTICLE 56: PARTICIPATION IN UNION PARLIAMENT i.
No person shall be permitted to be a member of both Houses simultaneously.
ii. Members of both Houses shall receive appropriate annual payment from the Union Treasury in accordance with law. iii. Except in cases provided by law, members of both Houses shall be exempt from apprehension while the Union Parliament is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House. iv. Members of both houses shall not be held liable outside the House for speeches, debates or votes cast inside the House. v. An ordinary session of the Union Parliament shall be convoked once per year. vi. The Cabinet may determine to convoke extraordinary sessions of the Union Parliament. vii. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation. ARTICLE 57: PROVINCIAL CONSIDERATIONS i.
The seat of the Union Government shall be in Bulawayo
ii. All sessions of the Union Parliament are by default conducted in Bulawayo, however, ordinary sessions of the Union Parliament may, by fair rotation and as a principle of inclusiveness, be conducted in other provinces of the Union.
ARTICLE 58: DISSOLUTION OF THE UNION PARLIAMENT i.
The Monarch may accept or deny a request made by the Prime Minister and Cabinet to dissolve the Union Parliament.
ii. The Monarch shall not initiate a motion to dissolve the Union Parliament. iii. When the Union Parliament is dissolved, there must be a general election within forty (40) days from the date of dissolution, and the Prime Minister must be elected and appointed within thirty (30) days from the date of the election. iv. When the Union Parliament is dissolved, the Provincial Parliaments are dissolved at the same time. However, the Cabinet may in time of national emergency convoke
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the Senate in emergency session. v. Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the Union Parliament within a period of fourteen (14) days after the opening of the next session of the Union Parliament.
ARTICLE 59: DELIBERATIONS IN UNION PARLIAMENT i.
Business cannot be transacted in either House unless onethird or more of total membership is present.
ii. All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue. iii. Deliberation in each House shall be public. However, a secret meeting may be held where a majority of twothirds or more of those members present passes a resolution therefore. iv. Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. v. Upon demand of onefifth or more of the members present, votes of the members on any matter shall be recorded in the minutes. vi. Each House shall select its own president and other officials. Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of twothirds or more of those members present must pass a resolution thereon.
ARTICLE 60: ENACTING BILLS INTO LAWS i.
A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution.
ii. A bill which is passed by the National Congress, and upon which the Senate makes a decision different from that of the National Congress, becomes a law when passed a second time by the National Congress by a majority of twothirds or more of the members present.
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iii. The provision of the preceding paragraph does not preclude the National Congress from calling for the meeting of a joint committee of both Houses, provided for by law. iv. Failure by the Senate to take final action within sixty (60) days after receipt of a bill passed by the National Congress, time in recess excepted, may be determined by the National Congress to constitute a rejection of the said bill by the Senate. v. The Prime Minister shall present the bill or bills passed by the Parliament to the Monarch for ascension into law.
ARTICLE 61: THE UNION BUDGET AND OTHER PARLIAMENTARY MATTERS i.
The Union Budget must first be submitted to the National Congress.
ii. Upon consideration of the Union Budget, when the Senate makes a decision different from that of the National Congress, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the Senate to take final action within thirty (30) days, the period of recess excluded, after the receipt of the Union Budget passed by the National Congress, the decision of the National Congress shall be the decision of the Union Parliament. iii. The subsection (ii) of this Article above applies also to the Union Parliament approval required for the conclusion of treaties. iv. Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. v. The Prime Minister and other Ministers of the Union may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations. vi. The Union Parliament shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted. Matters relating to impeachment shall be provided by law.
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ARTICLE 62: RIGHT TO PETITION PARLIAMENT i.
Every citizen and permanent resident of the Union of Mthwakazi has a right to petition the Union Parliament or Provincial Parliament to consider any matter within its authority, including the enactment, amendment or repeal of legislation.
ii. An Act of Union Parliament may prescribe the manner in which petitions are to be presented and handled.
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CHAPTER 6 THE JUDICIARY ARTICLE 63: THE JUDICIAL AUTHORITY Judicial authority derives from the people of the Union of Mthwakazi and is vested in the courts, which comprise the following : i.
Constitutional Court;
ii. Supreme Court; iii. Union High Court; iv. other courts shall be established by law acting in principle of respect of provincial autonomy.
ARTICLE 64: THE SUPREME COURT i.
The judicial power, outside constitutional matters, is vested in the Supreme Court and in such lower courts as are established by law.
ii. No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power. iii. All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws. iv. The Supreme Court shall confer appropriate judicial power, as prescribed by law, to lower courts and shall act in principle of respect of provincial autonomy. v. Subject to this Constitution, an Act of Union Parliament shall prescribe the composition of the Supreme Court.
ARTICLE 65: POWER TO MAKE RULES i.
The Supreme Court is vested with the rulemaking power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
ii. Public procurators shall be subject to the rulemaking power of the Supreme Court. iii. The Supreme Court may delegate the power to make rules for lower courts to such courts.
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ARTICLE 66: THE CONSTITUTIONAL COURT i.
The Constitutional Court : a.
is a special court and superior court of record relating to Constitutional matters;
b.
decides only constitutional matters and issues connected with decisions on constitutional matters;
c.
makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter;
d.
determines constitutionality of a proposed amendment to the constitution;
e.
upholds the principle that all amendments to the constitution need to be passed through a referendum; with the electorate well informed and educated regarding that amendment;
f.
determines whether Union or Provincial Parliament, the Prime Minister, or the Monarch has failed to fulfill a constitutional obligation.
ii. Subject to this Constitution, an Act of Union Parliament shall prescribe the composition of the Constitutional Court. iii. Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court : a.
to bring a constitutional matter directly to the Constitutional Court;
b.
to appeal directly to the Constitutional Court from any other court;
c.
to appear as a friend of the court.
ARTICLE 67: THE CHIEF JUSTICE The Monarch shall appoint the Chief Justice of the Supreme Court as designated by the Cabinet.
ARTICLE 68: SUPREME COURT JUDGES i.
Judges shall not be removed except by public impeachment, through a Parliamentary Impeachment Court, unless judicially declared mentally or physically incompetent to perform official duties.
ii. No disciplinary action against judges shall be administered by any executive organ or agency.
iii. The Supreme Court shall consist of a Chief Justice and such number of judges as may be determined by law; all such judges excepting the Chief Justice shall be
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appointed by the Cabinet. iv. The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the National Congress following their appointment, and shall be reviewed again at the first general election of members of the National Congress after a lapse of ten (10) years, and in the same manner thereafter. v. In cases mentioned in the foregoing subsections, when the majority of the voters favours the dismissal of a judge, he or she shall be dismissed. vi. Matters pertaining to review shall be prescribed by law. vii. The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law. viii. All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
ARTICLE 69: OTHER JUDGES i.
The judges of the lower courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court, acting in principle of respect of provincial autonomy.
ii. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law. iii. The judges of the lower courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
ARTICLE 69: THE UNION HIGH COURT The Union High Court : i.
is a superior court of record and consists of the Judge President of the Union High Court and such other judges of the Union High Court as may be appointed by the Cabinet from time to time.
ii. has jurisdiction over all civil and criminal matters throughout the Union of Mthwakazi; iii. has jurisdiction to supervise subordinate Provincial High Courts, review their decisions and in turn Provincial High Courts supervise lower courts;
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iv. has such appellate jurisdiction as may be conferred on it by an Act of Union Parliament.
ARTICLE 70: CONDUCT i.
Trials shall be conducted and judgment declared publicly.
ii. Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter 2 of this Constitution are in question shall always be conducted publicly. iii. The Supreme Court is the court of last resort with power to determine on all other matters except matters in the jurisdiction of the Constitutional Court.
ARTICLE 71: APPOINTMENT OF MAGISTRATES AND OTHER MEMBERS OF JUDICIARY An Act of Union Parliament must provide for the appointment of magistrates and other judicial officers other than judges, but : i.
magistrates must be appointed by the Judicial Service Commission;
ii. judicial officers other than magistrates or judges must be appointed with the approval of the Judicial Service Commission; iii. all such appointments must be made transparently and without fear, favour, prejudice or bias. iv. Except as otherwise provided in this Constitution, a person must not be appointed as a judicial officer of more than one court. v. Appointments to the judiciary must reflect broadly the diversity and gender composition of the Union of Mthwakazi, acting in principle of respect of provincial autonomy and in such a manner of nondomination of other groups.
ARTICLE 72: JUDICIAL SERVICE COMMISSION An Act of Union Parliament shall provide for the establishment of a Judicial Service Commission, its composition and its functions.
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CHAPTER 7 ELECTIONS ARTICLE 73: GENERAL No elected office bearer, at Union level or Provincial level or any other level in the Union structures, may hold the same office for any more than two terms, whether continuous terms or not. ARTICLE 74: PRINCIPLES OF ELECTORAL SYSTEM i.
ii.
Elections, which must be held regularly, and referendums must be : a.
peaceful, free and fair;
b.
conducted by secret ballot;
c.
based on universal adult suffrage and equality of votes; and
d.
free from violence and other electoral malpractices.
The Union must take all appropriate measures, including legislative measures, to ensure that effect is given to the principles set out in subsection (i) and, in particular, must : a.
ensure that all eligible citizens, as set out by law, are registered as voters;
b.
ensure that every citizen who is eligible to vote in an election or referendum has an opportunity to cast a vote, and must facilitate voting by persons with disabilities or special needs;
c.
ensure that all political parties and candidates contesting an election or participating in a referendum have reasonable access to all material and information necessary for them to participate effectively;
d.
provide all political parties and candidates contesting an election or participating in a referendum with fair and equal access to electronic and print media, both public and private; and
e.
ensure the timely resolution of electoral disputes.
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ARTICLE 75: ELECTORAL COMMISSION An Act of Union Parliament must provide for an Electoral Commission that shall be independent, transparent, accountable and competent. ARTICLE 76: CONDUCT OF ELECTIONS AND REFERENDUMS 1.
At every election and referendum, the Electoral Commission must ensure that: a.
whatever voting method is used, it is simple, accurate, verifiable, secure and transparent;
b.
the results of the election or referendum are announced as soon as possible after the close of the polls; and
c.
appropriate systems and mechanisms are put in place : i.
to eliminate electoral violence and other electoral malpractices; and
ii. to ensure the safekeeping of electoral materials.
ARTICLE 77: ELECTORAL LAW i.
An Act of Parliament must provide for the conduct of elections and referendums, and in particular for the following matters : a.
address all matters which, in other Articles of this constitution, reference the Electoral Law;
b.
the delimitation of Provinces into equal Union parliamentary constituencies, provincial parliamentary constituencies and wards;
c.
to ensure all Provinces are treated equally and fairly. Where other Provinces need more constituencies at any level, all other provinces shall be awarded such representation, in order to stimulate growth and building of more towns and cities.
d.
the registration of voters, and requirements for registration on particular voters’ rolls;
e.
a code of conduct for political parties, candidates and other persons participating in elections or referendums;
f.
the election of representatives of persons with disabilities into Senate;
g.
the conduct of elections to Union Parliament, Provincial Parliament, Metropolitan Councils and Rural Local Authorities;
h.
challenges to election results;
i.
A system of proportional representation to ensure equal representation of women in all elected bodies;
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j.
A general election must be held so that polling takes place not more than thirty days before the expiry of the outgoing Parliament.
ii.
The Electoral Law must provide for the nomination of candidates in any election to take place at least fourteen days after the election was called and thirty days before polling in the election, except when Union Parliament was dissolved in which case a specific approach should be prescribed.
iii. No amendments may be made to the Electoral Law, or to any subsidiary legislation made under that law, unless the relevant Electoral Commission has been consulted and any recommendations made by the Commission have been duly considered. iv. After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election. v.
General elections to local authorities must take place concurrently with provincial parliamentary general elections and Union parliamentary general elections.
vi. Polling in byelections to Union Parliament, Provincial Parliaments and local authorities must take place within ninety days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election.
ARTICLE 78: FILLING OF ELECTORAL VACANCIES Whenever a vacancy occurs in any elective public office established in terms of this Constitution, other than an office to which Article 77 applies, the authority charged with organising elections to that body must cause an election to be held within ninety days to fill the vacancy.
ARTICLE 79: DELIMITATION OF ELECTORAL BOUNDARIES i.
The demarcation of Provinces for electoral purposes should at all times observe and respect the principle of respect of provincial autonomy, whenever there is need to demarcate or redemarcate Provinces;
ii. The Electoral Commission shall allocate equal numbers of Union Parliament Constituencies, Provincial Parliament Constituencies and Wards to each province; iii. The Provincial Parliament shall assist the Electoral Commission in setting
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boundaries and names of wards, provincial constituencies and Union constituencies. iv. If there is a discrepancy between the description of the boundaries of any ward or constituency and the map or maps prepared by the Electoral Commission, the Electoral Commission shall have to discuss and be assisted by the Provincial Parliament or any commission designated by the Provincial Parliament for such a purpose, to rectify the discrepancy. v. As soon as possible after finalising delimitation matters with Provincial Governments, the Electoral Commission must submit a final delimitation report to the Prime Minister. vi. The Prime Minister must get the consent of Provinces before gazetting the new boundaries. vii. Within fourteen days after receiving the Electoral Commission’s final report, the Prime Minister must publish a proclamation in the Gazette declaring the names and boundaries of the wards and constituencies as finally determined by the Commission. viii. If a delimitation of electoral boundaries is completed less than six months before polling day in a general election, the boundaries so delimited do not apply to that election, and instead the boundaries that existed immediately before the delimitation are applicable.
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CHAPTER 8 LOCAL SELF GOVERNANCE (DEVOLUTION) ARTICLE 80: GENERAL i.
Notwithstanding this Constitution, regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.
ii. The local public entities shall establish assemblies as their deliberative organs, in accordance with law. iii. The Premier Officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities. iv. Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.
v. A special law, applicable only to one local public entity, cannot be enacted by the Union Parliament without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
vi. The right to govern the Union or any part of the Union, at any level is derived from the people and shall not be held together through use of force against citizens.
ARTICLE 81: PROVINCIAL ASSEMBLIES i.
Each province of the Union shall have a Provincial Assembly. The provincial assemblies shall be known as Provincial Parliaments.
ii. The Provincial Premier shall be elected directly by public vote according to law and shall form a Provincial Government. iii. The provincial assemblies shall be run by adopting regulations prescribed and implemented by the National Congress; that is to say, the Provincial Assemblies : a. shall adopt the structure of the National Congress b. shall adopt, and customise where necessary, all regulations and practices that are implemented in running the National Congress as it applies to them. iv. Each Provincial Assembly shall consist of sixty elected members which shall be drawn equally and fairly across the Province which it will govern. v. All chiefs in a province have a right to sit and participate in all provincial debates and all other matters in discussion but shall not have a right to vote in Provincial
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Parliament. vi. Chiefs shall not participate in any executive bodies as may be established by the Provincial Parliament or Provincial Government and neither shall they be appointed in any committee.
ARTICLE 82: SEATS OF PROVINCIAL ASSEMBLIES i.
The Provincial Assembly seats of the Union of Mthwakazi shall, respectively, be as follows : NAME OF PROVINCE
PROVINCIAL SEAT
a.
Bulilima
Tsholotsho
b.
Limpopo
BeitBridge
c.
Mpumalanga
Gwelo
d.
Nkabazwe
Gwanda
e. Zambezi Wankie ii. The Union of Mthwakazi welcomes any neighbouring lands that may wish to join the union, but shall not entice any and neither shall it be involved in the politics of such lands until a formal joining into the union. The provincial seats of such provinces shall be announced upon joining the union. iii. Provinces may from time to time rename their provinces to more representative names and not less representative.
ARTICLE 83: PROVINCIAL GOVERNMENTS i.
For each province, the Provincial Premier shall be appointed to office by the Prime Minister following a general election and shall take an oath of service upon appointment.
ii. For each province, there shall be a Provincial Executive Council, which shall be the executive arm of the Provincial Government. iii. The Provincial Premier shall appoint Members of Executive Council of the province and they shall be responsible for running the Provincial Government in step with the Union Government. iv. The Union Government is responsible for policy creation and direction while the Provincial Governments are responsible for policy implementation in their respective provinces.
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v. Local Private Enterprises shall register with the provinces and all bureaucratic work shall be conducted in the provinces. Local Private Enterprises wishing to conduct business across the union shall register in each province they intend to operate in. vi. A Provincial Revenue Authority shall be established per province and shall be charged with the authority to collect tax in that province. vii. The tax collected in the provinces shall be used to run and develop the respective provinces. viii. A Union Revenue Authority shall be established and charged with the authority to collect a reasonable percentage of taxes paid to the Provinces. The exact percentage which Provincial Revenue Authorities remit to the Union Revenue Authority shall be decided on by the Union Parliament and has to strike a balance to allow both the Provinces and the Union to thrive. ix. All enterprises, private or public, local or foreign, that deal with military matters and equipment shall be centralised, registered and regulated by the Union Authorities. x.
All foreign enterprises shall be registered with the Union Authorities for easy bureaucratic processes but taxes are collected provincially by the Provincial Revenue Authorities.
xi. Union Projects and Programs are a jurisdiction of the Union Government and in areas where a Provincial Government raises concerns, the Union Government shall fairly and responsibly direct the Provincial Government. xii. Provinces propose their budgets to the Union, which has the role of directing budgets and programs. The Union Minister then follows the procedure of announcing the Union budget. xiii. The civil service, with exceptions to security services, is largely employed by the Provincial Governments, except the necessary few which may directly be employed by the Union.
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ARTICLE 84: CHIEFS i.
The Union of Mthwakazi inherits the traditional structure of Chiefs.
ii. An Act of the Union Parliament shall prescribe regulations for appointment of Chiefs and other related matters. iii. At the beginning of every term of the Union Parliament, chiefs in every province shall elect among themselves a paramount chief who shall attend the Union Senate. iv. The Monarch may congregate Paramount Chiefs to discuss matters of interest to the Monarch. Such a congregation shall be known as the House of Paramount Chiefs. v. The Monarch may congregate all Chiefs to discuss matters of interest to the Monarch and traditional matters. Such a congregation shall be known as the House of Chiefs. vi. The Monarch shall appoint two (2) persons as chiefs in every province, at the beginning of every Union Parliament term, from peoples of European and Asian descent to represent the interests of such peoples in their respective Provincial Parliaments. vii. The Monarch shall appoint two (2) persons as paramount chiefs, at the beginning of every Union Parliament term, from peoples of European and Asian descent to represent the interests of such peoples in the Union Senate.
ARTICLE 85: LOCAL AUTHORITIES There shall be local authorities as follows : i.
Rural District Councils, whose mandate is to govern, manage and implement Provincial Government and Union Government programs in rural districts, into which provinces of the Union of Mthwakazi are divided.
ii. Town Councils, whose mandate is to govern, manage and implement Provincial Government and Union Government programs in metropolitan areas awarded the town status. iii. City Councils, whose mandate is to govern, manage and implement Provincial Government and Union Government programs in metropolitan areas awarded the city status. iv. An Act of Union Parliament shall prescribe regulations, functions and roles to local authorities.
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CHAPTER 9 PUBLIC FINANCE ARTICLE 86: ADMINISTRATION OF PUBLIC FINANCES
i. The power to administer Union finances shall be exercised as the Union Parliament shall determine; and the power to administer Provincial finances shall be exercised as the Provincial Parliaments shall determine for their respective provinces in accordance with the law.
ii. No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
iii. No money shall be expended, nor shall the Union obligate itself, except as authorised by the Union Parliament, and in case of a Province, as authorised by the Provincial Parliament.
iv. A Provincial Executive Council shall prepare and submit to the Provincial Parliament for its consideration and decision a budget for each fiscal year. Upon approval by Provincial Parliament, a provincial budget is presented to the Cabinet, which has the power to review the provincial budget in line with Union policy.
v. The Cabinet shall then prepare and submit to the Union Parliament for its consideration and decision a budget for each fiscal year. The Union budget includes budgets presented by the Provinces to the Cabinet.
vi. In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorised by the Union Parliament to be expended upon the responsibility of the Cabinet. The Cabinet must get subsequent approval of the Union Parliament for all payments from the reserve fund. In case of a Province, a reserve fund may be authorised by the Provincial Parliament to be expended upon the responsibility of the Provincial Executive Council. The Provincial Executive Council must get subsequent approval of the Provincial Parliament for all payments from the reserve fund.
vii. All property of the Monarch shall belong to the Union. All expenses of the Monarch shall be appropriated by the Union Parliament in the budget.
viii. No public money or other property, at Union or Provincial or any other level, shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority.
ix. There shall be an Auditing Commission. An Act of Union Parliament shall 40
determine the organization and competency of the Auditing Commission.
x. Final accounts of the expenditures and revenues of the Union and Provinces shall be audited annually by the Auditing Commission and audit reports shall be submitted to the Cabinet.
xi. The Cabinet shall submit to the Union Parliament and Provincial Parliaments respective audit reports, together with other relevant statements of audit, during the fiscal year immediately following the period covered.
xii. At regular intervals and at least annually, the Cabinet shall report to the Union Parliament and the people on the state of Union and national finances. Similarly, at regular intervals and at least annually the Provincial Executive Councils shall report to their respective Provincial Parliaments and the people on the state of provincial finances.
xiii. No expenditure by Provincial Governments may be directed towards building an arms cache or acquisition of military equipment. An Act of Union Parliament shall prescribe areas of expenditure that may be considered offensive and thus set a boundary to such expenditure and acquisition.
ARTICLE 87: UNION AND PROVINCIAL TREASURIES i.
There shall be a Union Treasury into which all Union finances are kept and maintained.
ii. There shall be a Provincial Treasury for each province into which all provincial finances for that province are kept and maintained. iii. A Union Reserve Fund may be established in accordance with this Constitution and shall be kept and maintained by the Union Treasury. iv. A Provincial Reserve Fund may be established in accordance with this Constitution and shall be kept and maintained by the Provincial Treasury. v. The Treasuries are subject to auditing by the Auditing Commission.
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CHAPTER 10 CIVIL SERVICE ARTICLE 88: GENERAL
i. There shall be a Union Civil Service, which is responsible for the administration of the Union.
ii. There shall be semiautonomous Provincial Civil Services, which shall be responsible for the administration of respective Provinces.
iii. The Union Civil Service shall directly administer Union matters, while the Provincial Civil Services shall administer Provincial matters.
iv. There shall be a Union Civil Service Commission responsible for administering the Union Civil Service and there shall be a Provincial Civil Service Commission for each Province responsible for administering the Provincial Civil Service for that province.
v. An Act of Union Parliament must provide for the functions, organisation, structure and management of the Union and Provincial Civil Service Commissions.
vi. The Union Civil Service Commission shall play a motherly role to Provincial Civil Service Commissions in standardising practices and regulations, however Provincial Civil Service Commissions have a right to employ and remunerate as is deemed necessary and applicable.
vii. The Civil Service consists of persons employed by the Union and/or Provinces other than : a.
members of the security services and any other security service that may be established;
b.
judges, magistrates and persons presiding over courts established by an Act of Union Parliament;
c.
members of Commissions established by this Constitution;
d.
the staff of Union Parliament and Provincial Parliaments; and
e.
any other person whose office or post is stated, by this Constitution or an Act of Union Parliament, not to form part of the Civil Service.
v. An Act of Union Parliament must provide for the organisation, structure, management, regulation, discipline and the conditions of service of members of the Civil Service (that is; for both the Union Civil Service and Provincial Civil Services).
vi. The Prime Minister must appoint a Minister to be responsible for the Civil Service, who shall work in step, and with a guiding role, with Members of Executive
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Councils for Provincial Civil Services.
vii. As a principle of governance; all public services except security services, shall be administered by Provinces. Only necessary and limited exceptions, as may be established by law, may be directly administered by the Union.
ARTICLE 89: AMBASSADORS AND OTHER PRINCIPAL REPRESENTATIVES OF THE UNION OF MTHWAKAZI
i. The Prime Minister in consultation with the Monarch may appoint persons to be ambassadors or other principal representatives of the Union of Mthwakazi in other countries or to be accredited to international organisations and may, at any time, remove those persons from their posts. ARTICLE 90: PERMANENT SECRETARIES
i. Permanent Secretaries of Ministries are appointed by the Prime Minister after consultation with the Union Civil Service Commission.
ii. The term of office of a Permanent Secretary is a period of up to five years, and is renewable once only subject to competence, performance and delivery.
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CHAPTER 11 SECURITY SERVICES ARTICLE 91: GENERAL
i. The national security objectives of the Union of Mthwakazi must reflect the resolve of the people of Mthwakazi to live as equals in liberty, peace and harmony, free from fear, and in prosperity.
ii. The national security of the Union must be secured in compliance with this Constitution and the law. iii. In particular, the protection of national security must be pursued with the utmost respect for : a.
the fundamental rights and freedoms and the democratic values and principles enshrined in this Constitution; and
b.
the rule of law.
ARTICLE 92: SECURITY SERVICES i.
The security services of the Union of Mthwakazi shall consist of : a.
the Union Defence Forces;
b.
the Union Police Service;
c.
the Union Intelligence Services;
d.
the Union Prisons and Correctional Service; and
e.
any other security service established by Act of Union Parliament.
ii. The security services are subject to the authority of this Constitution, the Monarch, the Prime Minister and Cabinet and are subject to parliamentary oversight. iii. Membership of the security services must reflect the diversity of the people of the Union of Mthwakazi, preference for local positions shall be given to local people.
ARTICLE 93: UNION SECURITY COUNCIL
i. There shall be a Union Security Council consisting of the Monarch as Chairperson, the Prime Minister as Deputy Chairperson and such Ministers and members of the security services and other persons as may be determined in an Act of Union Parliament.
ii. The functions of the Union Security Council are :
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a.
to develop the national security policy for the Union of Mthwakazi;
b.
to inform and advise the Monarch and Prime Minister on matters relating to national security; and
c.
to exercise any other functions that may be prescribed in an Act of Union Parliament.
iii. The commanders of the security services must provide the Union Security Council with such reports on the security situation in the Union of Mthwakazi as the Council may reasonably require. ARTICLE 94: INDEPENDENT COMPLAINTS MECHANISM An Act of Union Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct. ARTICLE 95: UNION DEFENCE FORCES
i. The Union Defence Forces of the Union of Mthwakazi shall consist of an Army, an Air Force and any other services that may be established under an Act of Union Parliament.
ii. The Union Defence Forces are the only lawful military forces in the Union of Mthwakazi.
iii. The Union Defence Forces must respect the fundamental rights and freedoms of all persons and be nonpartisan, national in character, professional and subordinate to the civilian authority as established by this Constitution.
iv. The Union Defence Forces must be maintained as disciplined military forces. v. An Act of Union Parliament must provide for the organisation, structure, management, regulation, discipline and, the conditions of service of members of the Union Defence Forces.
ARTICLE 96: FUNCTION OF DEFENCE FORCES
i. The function of the Union Defence Forces is to protect the Union of Mthwakazi, its people, its national security and interests and its territorial integrity and to uphold this Constitution.
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ii. An Act of Union Parliament shall prescribe conditions of deployment of the Union Defence Forces and all matters as may be related. iii. An Act of Union Parliament shall provide for political accountability of deployment of the Union Defence Forces. iv. An Act of Union Parliament shall provide for the Command of the Union Defence Forces. v. An Act of Union Parliament shall provide for the establishment, composition and functions of the Union Defence Forces Service Commission vi. The Prime Minister must appoint a Minister to be responsible for the Union Defence Forces.
ARTICLE 97: UNION POLICE SERVICE i.
ii.
There shall be a Union Police Service which shall be responsible for : a.
detecting, investigating and combating crime;
b.
preserving the internal security of the Union of Mthwakazi;
c.
protecting and securing the lives and property of the people;
d.
maintaining law and order; and
e.
upholding this Constitution and enforcing the law without fear or favour.
The Union Police Service must exercise its functions in cooperation with : a.
any intelligence service that may be established by law;
b.
any body that may be established by law for the purpose of detecting, investigating or preventing particular classes of offences; and
c. iii.
regional and international bodies formed to combat crime.
The Union Police Service must be nonpartisan, national in character, professional, respectful of the principle of local autonomy of provinces and subordinate to the civilian authority as established by this Constitution.
iv.
An Act of Union Parliament must provide for the organisation, structure, management, regulation, discipline and, the conditions of service of members of the Union Police Service.
v.
The Union Police Services shall lead by example in respecting this Constitution, the rule of law and civil liberties.
vi.
The Prime Minister must appoint a Minister to be responsible for the Union Police Service.
vii. An Act of Union Parliament shall provide for a guiding policy for Union policing. This policy should emphasise respect of civil liberties and provision of local assisting
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policing institutions.
ARTICLE 98: COMMISSIONERGENERAL OF POLICE
i. The Union Police Service shall be under the command of a CommissionerGeneral of Police appointed by the Monarch as proposed by the Prime Minister and Cabinet, and after consultation with the Union Police Service Commission. ii. The CommissionerGeneral of Police is appointed for a fiveyear term which may be renewed once. iii. A person who has served as CommissionerGeneral of Police may not be appointed to the command of any other security service.
iv. The CommissionerGeneral of Police must exercise his or her command in accordance with any general written policy directives given by the Minister responsible for the police acting under the authority of the Prime Minister.
ARTICLE 99: ESTABLISHMENT AND COMPOSITION OF THE UNION POLICE SERVICE COMMISSION i.
There shall be a Union Police Service Commission and shall consist of a chairperson, who must be the chairperson of the Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the Prime Minister.
ii. Members of the Union Police Service Commission must be chosen for their knowledge of or experience in the maintenance of law and order, administration, or their professional qualifications or their general suitability for appointment, and : a.
at least half of them must be persons who are not and have not been members of the Union Police Service;
b.
at least one of them must have held a senior rank in the Police Service for one or more periods amounting to at least five years.
ARTICLE 100: FUNCTIONS OF THE UNION POLICE SERVICE COMMISSION i.
The Union Police Service Commission has the following functions : a.
to appoint qualified and competent persons to hold posts or ranks in the Union Police Service;
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b.
to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Union Police Service;
c.
to ensure the general wellbeing and good administration of the Union Police Service and its maintenance in a high state of efficiency;
d.
to ensure that members of the Union Police Service comply with expected standard of conduct;
e.
to foster harmony and understanding between the Union Police Service and civilians;
f.
to advise the Prime Minister and the Minister responsible on any matter relating to the Police Service; and
g.
to exercise any other function conferred or imposed on the Commission by this Constitution or an Act of Union Parliament.
ii.
The Union Police Service Commission, with the approval of the Minister responsible for the Union Police Service, may make regulations for any of the purposes set out in subsection (i).
iii. In fixing the salaries, allowances and other benefits of members of the Union Police Service, the Union Police Service Commission must act with the approval of the Prime Minister given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Union Police Service.
ARTICLE 101: ESTABLISHMENT OF INTELLIGENCE SERVICES
i. Any intelligence service of the Union, other than an intelligence division of the Union Defence Forces or the Union Police Service, must be established in terms of a law or a Prime Ministerial or Cabinet directive or order.
ii. Any intelligence service of the Union must be nonpartisan, national in character, professional and subordinate to the civilian authority as established by this Constitution.
iii. The Prime Minister must appoint a Minister to be responsible for any Union Intelligence Service.
ARTICLE 102: COMMAND OR CONTROL OF UNION INTELLIGENCE SERVICE
i. A Union Intelligence Service must be under the command or control of a Director General of Intelligence Services who must be appointed by the Monarch as
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proposed by the Prime Minister for a fiveyear term which may be renewed once.
ii. The DirectorGeneral of Intelligence Services must exercise his or her command or control in accordance with any general written policy directives given by the Minister responsible for the Union Intelligence Service acting under the authority of the Prime Minister. iii. A person who has served as DirectorGeneral of Intelligence Services may not be appointed to the command of any other security service.
ARTICLE 103: PRISONS AND CORRECTIONAL SERVICE i.
There shall be a Union Prisons and Correctional Service which shall be responsible for : a.
the protection of society from criminals through the incarceration and rehabilitation of convicted persons and others who are lawfully required to be detained, and their reintegration into society; and
b. the administration of prisons and correctional facilities. ii. The Prisons and Correctional Service must be nonpartisan, national in character, professional and subordinate to the civilian authority as established by this Constitution. iii. An Act of Union Parliament must provide for the organisation, structure, management, regulation, discipline and the conditions of service of members of the Union Prisons and Correctional Service. iv. The Prime Minister must appoint a Minister to be responsible for the Prisons and Correctional Service.
ARTICLE 104: COMMISSIONERGENERAL OF PRISONS AND CORRECTIONAL SERVICE i.
The Union Prisons and Correctional Service shall be under the command of a CommissionerGeneral of the Prisons and Correctional Service appointed by the Monarch as proposed by the Prime Minister after consultation with the Union Prisons and Correctional Service Commission.
ii. The CommissionerGeneral of the Prisons and Correctional Service is appointed for a fiveyear term which may be renewed once. iii. A person who has served as CommissionerGeneral of the Prisons and Correctional Service may not be appointed to the command of any other security service.
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iv. The CommissionerGeneral of the Union Prisons and Correctional Service must exercise his or her command in accordance with general written policy directives given by the Minister responsible for the Union Prisons and Correctional Service acting under the authority of the Prime Minister.
ARTICLE 105: ESTABLISHMENT AND COMPOSITION OF THE UNION PRISONS AND CORRECTIONAL SERVICE COMMISSION i.
There shall be a Union Prisons and Correctional Service Commission consisting of a chairperson, who must be the chairperson of the Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the Prime Minister.
ii. Members of the Union Prisons and Correctional Service Commission must be chosen for their knowledge of or experience in administration, management, security affairs, or for their professional qualifications or their general suitability for appointment, and :
a.
at least half of them must be persons who are not and have not been members of the Union Prisons and Correctional Service;
b.
at least one of them must have held senior rank in the Union Prisons and Correctional Service for one or more periods amounting to at least five years.
ARTICLE 106: FUNCTIONS OF THE UNION PRISONS AND CORRECTIONAL SERVICE COMMISSION i.
The Union Prisons and Correctional Service Commission has the following functions :
a.
to appoint qualified and competent persons to hold posts or ranks in the Prisons and Correctional Service;
b.
to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Union Prisons and Correctional Service;
c.
to ensure the general wellbeing and good administration of the Union Prisons and Correctional Service and its maintenance in a high state of efficiency;
d.
to ensure that members of the Prisons and Correctional Service comply with the code of conduct and discipline;
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e.
to foster harmony and understanding between the Union Prisons and Correctional Service and civilians;
f.
to advise the Prime Minister and the Minister on any matter relating to the Prisons and Correctional Service; and
g.
to exercise any other function conferred or imposed on the Commission by
this Constitution or an Act of Union Parliament. ii. The Prisons and Correctional Service Commission, with the approval of the Minister responsible for the Union Prisons and Correctional Service, may make regulations for any of the purposes set out in subsection (i). iii. In fixing the salaries, allowances and other benefits of members of the Prisons and Correctional Service, the Union Prisons and Correctional Service Commission must act with the approval of the Prime Minister given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Union Prisons and Correctional Service.
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CHAPTER 12 AMENDMENTS AND OTHER PROVISIONS ARTICLE 107: AMENDMENTS i.
For all or any amendments to this Constitution : a.
The proposed amendment(s) shall be initiated and be passed by the Union Parliament, through a concurring vote of twothirds or more of all the voting members of each House.
b.
The Prime Minister shall seek a “PASS” ruling from the Constitutional Court. The Constitutional Court should be satisfied that the proposed amendment(s) are constitutional, are not seeking to concentrate power in one person or institution, and the electorate has been sufficiently educated on the proposed amendment(s) before passing the proposed amendment(s) for a referendum.
c.
The proposed amendment(s) shall then be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Union Parliament shall specify.
d.
Amendments when so ratified, by the people, shall immediately be promulgated by the Monarch in the name of the people, as an integral part of this Constitution.
ii.
No amendments shall be done to this Constitution in the first ten (10) years of this Constitution coming into effect.
iii. This Constitution shall be fully enforced as from the day when a substantive Union Parliament comes into session.
ARTICLE 108: OTHER PROVISIONS In addition to Commissions set out in this Constitution, Acts of Union Parliament shall prescribe for the establishment, composition, appointment of members, regulations and functions of the following independent Commissions :
i. the AntiCorruption Commission; ii. the Human Rights Commission; iii. the Gender Commission; iv. the Media Commission;
v. the Peace and Dialogue Commission; and
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vi. the Lands and Resettlement Commission.
ARTICLE 109: OBJECTIVES OF INDEPENDENT COMMISSIONS The independent Commissions have the following general objectives in addition to those given to them individually : i.
to support and entrench human rights and democracy;
ii. to protect the sovereignty and interests of the people; iii. to promote constitutionalism; iv. to promote transparency and accountability in public institutions; v. to secure the observance of democratic values and principles by the Union and all institutions and agencies of Union Government, Provincial Governments, and all other union entities; and vi. to ensure that injustices are remedied.
ARTICLE 110: INDEPENDENCE OF COMMISSIONS i.
The independent Commissions : a.
are independent and are not subject to the direction or control of anyone;
b.
must act in accordance with this Constitution; and
c.
must exercise their functions without fear, favour or prejudice;
although they are accountable to Parliament for the efficient performance of their functions. ii.
The Union and all institutions and agencies of Union Government and Provincial Governments at every level, through legislative and other measures, must assist the independent Commissions and must protect their independence, impartiality, integrity and effectiveness.
iii. No person may interfere with the functioning of the independent Commissions.
ARTICLE 111: MEMBERS OF INDEPENDENT COMMISSIONS TO BE NONPOLITICAL i.
Members of the independent Commissions must not, in the exercise of their functions : a.
act in a partisan manner;
b.
further the interests of any political party or cause;
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ii.
c.
prejudice the lawful interests of any political party or cause; or
d.
violate the fundamental rights or freedoms of any person.
Persons who are members of a political party or organisation on their appointment to an independent Commission must relinquish that membership without delay and in any event within thirty days of their appointment.
iii. If a member of an independent Commission : a.
becomes a member of a political party or organisation; or
b.
having been a member of a political party or organisation on his or her appointment to the commission, fails to relinquish that membership within thirty days of the appointment;
he or she ceases immediately to be a member of the Commission concerned.
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APPENDIX This Appendix is not an official annexure of the Proposed Draft Constitution but an accompanying presentation of the proposed symbolism and emblems by various Mthwakazian groups. Only the Union Parliament has the right to finally decide and adopt the Union symbolism and emblems. PROPOSED ITEM 1. Union Flag
IMAGE
DESCRIPTION i.
SkyBlue represents Development.
ii.
Gold represents our Scarce Resources.
iii. Red represents the resilience of our people. iv. The Symbol represents continuity of the Mthwakazi Union from the historical Mthwakazi Kingdom. v.
The Symbol further represents the defence of the Principle of Unity in Diversity through devolution (Local Self Rule).
2. Union Coat of Arms
i. The Union Coat of Arms conveys the ideology of Sustainable Development through responsible management of scarce resources, respecting the resilience of our people throughout a long period of colonial occupation, and governance by the democratic Mthwakazi principle of Unity in diversity, cherishing autonomy of Mthwakazian Regions.
A1