63 Language and culture
Every person has the right to use the language of their choice and to participate in the cultural life of their choice provided that this does not violate the rights in the Declaration of Rights.
Note: The constitution recognises 16 languages, namely Chewa, Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, Sign Language, Sotho, Tonga, Tswana, Venda and Xhosa.
64 Freedom of profession, trade or occupation
Every person has the right to choose and to practice any kind of profession, trade or occupation but this may be regulated by law.
65 Labour rights
Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.
Every person or employee, except members of the security services, has the right to form or belong to an association or organisation of their choice and participate in collective job action. This includes the right to strike, sit in and withdraw their labour and to participate in collective bargaining, organise and form federations.
Women and men have the right to equal pay for similar work and women have the right to fully paid maternity leave for at least 3 months.
66 Freedom of movement and residence
Every citizen has the right to enter Zimbabwe, the right not to be expelled from the country, and the right to a passport or other travel document.
Citizens and people in the country legally have the right to move freely within the country, reside in any part of the country or leave the country.
Note: A citizen is a member of a country or nation, in most cases, either by birth or descent or by registration. A non – citizen can apply for a visa to be a permanent resident. With such a visa, the non – citizen can live, work and study without restriction.
67 Political Rights
Every Zimbabwean citizen has the right to free, fair and regular elections and make political choices freely, form, join and participate in the activities of a political party or organisation of their choice and campaign freely and peacefully for a political party or cause.
Every Zimbabwean citizen above 18 years has the right to vote secretly in elections and referendums and stand for public office and, if elected, to hold such office.
68 Right to Administrative Justice
Every person has the right to administrative action or service by government officials that is lawful, prompt, efficient, non-partisan and fair. Any person whose rights or interest have been negatively affected by administrative conduct or action has the right to be given written reasons for the conduct without delay.
69 Right to a fair hearing
Every person accused of an offense has the right to a fair and public trial within reasonable time before an independent and unbiased court.
Every person has the right to have a dispute concerning his or her civil rights or obligations heard and decided by an independent and unbiased court or other lawful forum in a fair and public way.
Every person has the right to access to courts and legal representation at their own expense.
70 Rights of an accused person
Any person accused of an offence has the right to be presumed innocent until proven guilty; and is entitled to adequate time and facilities to prepare a defence; to legal representation of their choice at their own expense; to be assigned a lawyer by the
State using State resources if injustice would otherwise result; to be present when being tried; to challenge any produced evidence; to have the court proceedings conducted and information provided to him or her in a language that he or she understands; not to be tried on a matter which they have been previously pardoned, acquitted or convicted; to non-admission of evidence obtained in an unconstitutional manner; to be given a copy of the trial records or reports within a reasonable time after paying a reasonable fee; and to have the case reviewed by a higher court or to appeal to a higher court against their conviction and sentence.
71 Property rights
Every person has the right to purchase, use and dispose of all forms of property and can only lose their property in terms of the law or if the property is being taken for a lawful purpose, for example, in the interest of defence, public safety, public order or for a purpose beneficial to the community. This right is limited in respect of agricultural land.
The law requires the authority acquiring the property to give reasonable notice of intention to take the property, pay fair and adequate compensation; and if challenged, to apply to a court for an order confirming the acquisition within 30 days.
The person whose property is being acquired has the right to challenge the acquisition or the amount of compensation awarded before a competent court. However, this right is limited in the case of agricultural land.
72 Rights to agricultural land
Agricultural land means land suitable for any form of agriculture (including forestry and the keeping of game); but it does not include communal land or urban land.
The State may acquire agricultural land by notice in the Gazette for settlement for agriculture, land reorganisation, relocation of people and no compensation is payable except for improvements and no person may challenge the acquisition of the land in court.
The former colonial power, not the government of Zimbabwe has the obligation to pay compensation for agricultural land compulsorily or forcibly acquired for resettlement.
73 Environmental rights
Every person has the right to an environment that is safe and protected for the benefit of present and future generations through measures to prevent pollution and ecological degradation and promote conservation to achieve sustainable development.
The State must take measures to achieve the progressive realisation of these rights.
Note: The requirement that States must take measures to achieve progressive or gradual realisation of rights applies to the fulfilment of Environmental, Economic, Social and Cultural Rights (EESCR) as provided for in this section and other relevant Sections (75, 76 and 77). In fulfilling these rights, for example, to shelter, education, health, clean environment, food and water, governments face resource constraints among other challenges, hence, they can only achieve these over time. However, no matter what level of resources they have at their disposal, governments are still obligated to take steps within their means towards the fulfilment of these rights.
74 Freedom from arbitrary eviction
No person may be evicted from their home or have their home destroyed, without a court order that takes into account all the relevant circumstances.
75 Right to education
Every citizen and permanent resident of Zimbabwe has a right to a basic, state funded education (including adult education); and further education which the state must progressively make available and accessible.
Every person has the right to establish and maintain, at their own expense, independent educational institutions provided they meet reasonable standards and do not discriminate on any grounds.
76 Right to health care
Every citizen and permanent resident of Zimbabwe, including a person living with a chronic illness, has the right to have access to basic healthcare and reproductive health care services.
No person may be refused emergency medical treatment in any health care institution.
77 Right to food and water
Every person has the right to safe, clean and potable water that is suitable for drinking and sufficient food.
78 Marriage rights
Every person who is or above the age of 18 years can marry and start a family and may not be forced to marry or be married against their will. Same sex marriages are not allowed in terms of the law.