https://cris.library.msu.ac.zw//handle/11408/3133 2026-04-11T05:11:53Z https://cris.library.msu.ac.zw//handle/11408/4031 Title: Rethinking sexual minority rights in the context of Zimbabwean constitution. Authors: Muganyi, Tanaka Abstract: The subject of sexual minority rights is a very controversial issue in the African society. The conventional understanding of sexual minority rights draws its inspiration from culture and religion to the effect that such conduct is unnatural, taboo and has no place in the African social system. Zimbabwe mirrors this conceptualisation of sexual minority rights and both laws and jurisprudence have depicted this intolerance, opting to be associated with the conventional view that shuns sexual minorities. While such is the prevalent ethos, proponents for sexual minority rights have however castigated this discriminatory tendencies in Zimbabwe arguing that laws and conduct that discriminates sexual minority groups run afoul of the international human rights regime. Zimbabweans embraced a new Constitution in 2013 which has an elaborate declaration of rights with the non-discrimination clause (Section 56) as one of the fundamental provisions therein. It is against this development that this study seeks to explore the sustainability of the intolerance towards sexual minorities, legally insofar as Zimbabwe’s Constitution is concerned. It is argued herein that albeit the socio-cultural and religious motives attached to this subject, sexual minority rights must be treated as a human rights issue pursuant to understanding the arguments posed for and against embracing them. 2017-10-01T00:00:00Z Muganyi, Tanaka https://cris.library.msu.ac.zw//handle/11408/3926 Title: Realisation of socio-economic rights through devolution in Africa. The case of Kenya and Zimbabwe Authors: Vambe, Gaynor Rumbidzai Abstract: The importance of devolution as a preferred system of governance in Africa cannot be further stressed. History shows a continent that has been marred by underdevelopment, socio-economic marginalisation and hence an unacceptable disregard of socio-economic rights. These challenges have been identified as some of the most stubborn shortcomings of a centralised government. As such this has been the unfortunate common experience of a centralised government that has been shared by Kenya and Zimbabwe. Both these jurisdictions have constitutionally entrenched the system of devolution. Kenya has established a thorough legislative and institutional framework for devolution. Zimbabwe on the other hand is still to operationalise the constitutional provisions on devolution. The Kenyan legal framework shows a strong commitment towards devolution as it manages to canvas through most of the essential matters on devolution such as detailing functions, powers and responsibilities of national government and subnational governments, as well as establish a framework for intergovernmental relations, amongst other matters. The Zimbabwean legal framework, consisting so much of the Constitution, establishes a few essential aspects of devolution such as the functions of provincial councils whilst the rest of the provisions on devolution are basically foundational and await operationalization through legislation. The system of devolution has been adopted with that hope that it can ‘cure’ the ills of centralisation and foster great socio-economic development in every region of these two jurisdictions since the subnational governments do have a developmental role to play. The Constitutions of Kenya and Zimbabwe both recognise socio-economic rights and are therefore obliged to see to their full realisation. Unfortunately, the challenges of centralisation mentioned above coupled with the shortage of resources, makes the realisation of socio-economic rights a real challenge. Fortunately, for the realisation of socio-economic rights, local governments can, if there is a successful implementation of devolution, contribute to the advancement of socio-economic rights. This research seeks to answer the crucial question; Can the current legal framework in these two jurisdictions advance the realisation of socio-economic rights? To do so it is crucial that gaps be identified and as such suggestions on recommendations be given based on international and regional legal framework and best practices. There is a need to design a legal framework that captures the fundamentals of devolution which makes it a good governance system so as to make progressive contributions to the realisation of socio-economic rights. The findings of this research show that there is real potential for the realisation of socio-economic rights through devolution. However, for this to happen it is important that the legal framework on devolution adhere to certain principles of devolution that enable efficient socio-economic development and public service delivery. These principles include public participation; accountability; local autonomy; and the principle of subsidiarity. Therefore, it is important that the legal framework on devolution put mechanisms in place to ensure that socio-economic rights can be realised through devolution. 2019-01-01T00:00:00Z Vambe, Gaynor Rumbidzai https://cris.library.msu.ac.zw//handle/11408/3925 Title: The right to independent living for persons with pyscho - social disabilities in Zimbabwe Authors: Mahlangu, Chipo Abstract: The United Nations Convention on the Rights of Persons with Disabilities (CRPD) to which Zimbabwe is a State Party guarantees the right to independent living for all persons with disabilities (PWDs). The CRPD reaffirms the fundamental right of persons with disabilities for inclusion, independence and equality. Zimbabwe has a history of providing for the support, housing and mental health care services and needs of people with psychosocial disabilities in large institutions and hospitals. The problem is that Zimbabwe’s legal framework does not provide for a standalone right to independent living contrary to Article 19 of the CRPD. In the Zimbabwean Constitution, the right to independent living is absent contrary to provisions in the CRPD. On the other hand, the Disabled Persons Act is yet to be aligned to the Constitution and the CRPD, it predates the CRPD and embodies the Medical Model of disability. The Mental Health Act and the Social Welfare Assistance Act also do not contain a human rights-based approach in dealing with PWDs. The Disabled Persons Act does not have a provision for the right to independent living for PWDs and views PWDs from a medical and welfare perspective. The Mental Health Act governs the involuntary detention of PWPDs and fails to provide for mental health care services outside hospitals and institutions in violation of Article 19 of the CRPD. On a comparative basis, despite the fact that the Tanzanian Constitution was enacted prior to the CRPD, Tanzania enacted a comprehensive disability law in terms of its Persons with Disabilities Act and the Mental Health Act. The right to independent living is expressly provided and promoted in the mentioned statutes in line with the CRPD. Given the gaps in the Zimbabwean legal framework, it is specifically recommended that the Constitution be amended to incorporate the right to independent living as a standalone right. Furthermore, the Mental Health Act and the Social Welfare Assistance Act should be amended while the Disabled Persons Act should be repealed and be replaced with a new Statute. Generally, it is recommended that the CRPD be domesticated into the Zimbabwean law. In addition, there is a need for awareness-raising regarding the right to independent living for PWPDs. A National Disability Policy and general Regulations will also help in the implementation and realisation of this right. Once the implementation of the recommendations is put in place, PWPDs in Zimbabwe will be able to enjoy their right to independent living on an equal basis with others. 2019-01-01T00:00:00Z Mahlangu, Chipo https://cris.library.msu.ac.zw//handle/11408/3924 Title: Devolution of power as a means to realise the right to development: A Zimbabwean perspective vis a vis the Ugandan experience Authors: Vhudzi, Charles Abstract: The crux of the study is the analysis of whether devolution of governmental powers can be used as a mechanism to achieve the realisation of the right to development in Zimbabwe. The study brings devolution into context analysing what devolution entails. An evaluation of the right to development and its fundamental principles such as transparency is also undertaken in order to examine the point of harmony of the two principles of devolution and the right to development. The study further examines how the right to development is provided for in international law. The harmony between devolution and the right to development is established showing how theoretically the existence of devolution in a jurisdiction could potentially lead to the realisation of the right to development. The study then examines the jurisdiction of Uganda which is a country that has implemented an ambitious form of devolution of governmental powers with five tiers of lower levels of government. Observations are made that despite implementing an extensive devolution legal framework the realisation of the right to development has been marred by bad politics and constant interference by the central government. The study observes that it is not just adequate to have laws on paper there should be execution and implementation of the same. The Zimbabwean position on devolution was also evaluated herein with an overview of what the Zimbabwean Constitution provides for both aspects. Conclusions are reached to the effect that the realisation of development can be indeed an objective of devolution of governmental powers. The study makes recommendations and conclusions based on the findings particularly on how best devolution of governmental powers to lower levels of government may be utilised as a mechanism to realise the right to development. 2019-01-01T00:00:00Z Vhudzi, Charles