An analysis of the application of international law under the 2013 Zimbabwean constitution: opportunities and challenges

Abstract

Applying international law in the past has been a challenge for Zimbabwe because of the uncertainty as to the legal status and applicability of international norms under Zimbabwe’s 1979 Independence Constitution. However, the position appears to have been largely settled if regard is had to the 2013 Constitution of Zimbabwe which contains generous provisions on the position of international law at the municipal level, as this research report attempts to show. This research report investigates and critiques the relevant provisions of the 2013 Constitution that relates to the application of international law with a view to ascertain the extent to which such provisions facilitate or impede the application of international law in Zimbabwe’s municipal law. The report interrogates the provisions relating to the process of ratification of international treaties, the domestication of international treaties, the status and applicability of customary international law as well as the interpretation of the Declaration of Rights. This research report argues that the 2013 Constitution marks a significant shift on the extent to which the country is receptive to international law. The challenge is now incumbent of the political actors and adjudicators such as the courts to ensure that norms generated at the international level become part and parcel of Zimbabwe’s domestic norms.