MLF proposes Federal Mthwakazi Constitution

MLF proposes Federal Mthwakazi Constitution
Published: 22 May 2018 | by Dr Mpiyezwe Churchill Guduza

MLF is kindly seeking feedback, comments, amendments and or suggestions on this proposed Federal Constitution of Mthwakazi. Kindly send these to: mlf.mthwakazi@yahoo.com & guduzachurchill@yahoo.co.uk

 

The Proposed Constitution of the Federal Republic of Mthwakazi: MLF

Foreword

With a long and unbroken history of common nationhood characterised by gallantry, love of one another and peaceful coexistence, the people of Beitbridge, Bhelingwe, Binga, Bubi, Bulilima, Chirumanzi, Gokwe North, Gokwe South, Gwanda, Gwelo, Hwange, Insiza, Kezi, Kwekwe, Lupane, Selukwe, Shabani, Tsholotsho, Mangwe, Umguza, Umzingwane have come together to reclaim and re-establish the great nation of the Federal Republic of Mthwakazi.

The Federal Republic Mthwakazi is built on solid values of liberty, democracy, independence and peace in solidarity and openness towards the world. The people of Mthwakazi, united in their diversity, are determined to live together in equality, mutual respect and recognition.

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

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

Part 1 Founding Provisions

Article 1 The Federal Republic of Mthwakazi

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

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

 

Article 2 The Linguistic Communities

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

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

Article 3 Purpose

  1. The Federal Republic of Mthwakazi exists to protect the liberty and rights of the people and safeguards the independence and security of the Republic.

  2. It promotes common welfare, sustainable development and cultural diversity of the country.

  3. It ensures the highest possible degree of equal opportunities for all citizens.

  4. It strives to safeguard the long-term preservation of natural resources and to promote a just, peaceful and democratic international order.

    Article 4 Supremacy of the Constitution

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

Article 5 Districts

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

Article 6 Languages

(1 )The National languages of the Ferderation are: Kalanga; Masarwa/Nama, Nambya; Ndebele; Xhosa Tonga; Sotho-Tswana; Shangaan; and Venda.

  1. The Districts designate their official languages. In order to preserve harmony between linguistic communities, they respect the traditional territorial distribution of languages, and consider the indigenous linguistic minorities.

  2. The Federation and the Districts further communication and exchange between linguistic communities.

  3. The Federation supports the plurilingual Districts in the fulfilment of their particular tasks.

Article 7 Boundaries of Districts

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

Article 8 Citizenship and Immigration

(1) All citizens are equal and entitled to all the rights, privileges and benefits of citizenship.

  1. The Federation regulates the acquisition and the loss of citizenship by descent, marriage and adoption. In addition, it regulates the loss of citizenship for other reasons, as well as the restoration of citizenship.

  2. The Federation regulates the naturalisation of foreigners.

  3. The Federation facilitates the naturalisation of children who are deemed stateless.

  4. Foreigners may be removed from Mthwakazi, if they endanger national security, subject to law and due process.

    Article 9 National Anthem

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

    Article 10 National Flag

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

Article 11 Federal Capital

  1. Bulawayo is the capital of the Federal Republic of Mthwakazi. The

    Federation is responsible for representing the nation as a whole in the capital.

  2. The President may, in extreme cases of emergency, temporarily move the capital to another place within the federation; and the capital status shall revert to Bulawayo as soon as the emergency ceases or subsides.

    Article 12 Rule of Law

  1. The law is the basis for and limitation of state activity.

  2. State activity must be in the public interest and proportional.

  3. State institutions and private entities must act in good faith.

  4. The Federal government and the Districts respect international law.

    Part 2 Basic, Civil, and Social Rights

    Article 13 Right to Life

    (1 )The right to life is absolute and no sentence of death may be imposed in the Republic.

    (2) No person shall be extradited a country or place where they are likely to face the death penalty.

    Article 14 Human Dignity

    Human dignity is to be respected and protected.

    Article 15 Equality

  1. All humans are equal before the law.

  2. Nobody may be discriminated against on the basis of his or her origin, race, sex, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability.

  3. Men and women have equal rights. The law provides for legal and factual equality, particularly in the family, during education, and at the workplace. Men and women have the right to equal pay for work of equal value.

  4. The law provides for measures to eliminate disadvantages of disabled people.

    Article 16 Protection against Arbitrariness and Preservation of Good Faith

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

    Article 17 Right to Personal Freedom

  1. Every person has the right to personal liberty including the right to corporal and mental integrity and freedom of movement.

  2. Torture and any other form of cruel, inhuman, or degrading treatment or punishment are prohibited.

    Article 18 Protection of Children and Adolescents

  1. Children and adolescents have the right to special protection of the personal integrity and to promotion of their development.

  2. They exercise their rights according to their capacity to discern.

Article 19 Right to Aid in Distress

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

Article 20 Protection of Privacy

(1 ) Every person has the right to respect for his or her private and family life; home; and secrecy of mail and communication.

(2) Every person has the right to be protected against abuse of personal data.

Article 21 Right to Marriage and Family

The rights to marriage and family are guaranteed.

Article 22 Freedom of Faith and Conscience

  1. The freedom of faith and conscience is guaranteed.

  2. Every person has the right to freely choose his or her religion or nonreligious belief and to profess them alone or in community with others. (3) Every person has the right to join or belong to a religious community and to receive religious education.

    (4) No person may be forced to join a religious community, to conduct a religious act or participate in religious education.

    Article 23 Freedom of Opinion and Information

    (1 ) The freedom of opinion and information is guaranteed.

  1. Every person has the right to form, express, and disseminate his or her opinions freely.

  2. Every person has the right to receive information freely, to gather it from generally accessible sources, and to disseminate it.

    Article 24 Freedom of the Media

  1. The freedom of the press, radio and television as well as all other forms of public broadcasting of productions and information is guaranteed.

  2. Censorship is prohibited.

  3. Editorial secrecy is guaranteed.

    Article 25 Freedom of Language

    The freedom of language is guaranteed.

    Article 26 Right to Primary Education

    The right to sufficient and free primary education is guaranteed.

    Article 27 Freedom of Science

    The freedom of scientific research and teaching is guaranteed.

    Article 28 Freedom of Art

    The freedom of art is guaranteed.

    Article 29 Freedom of Assembly

    (1 ) The freedom of assembly is guaranteed.

    (2) Every person has the right to organise assemblies, to participate in or to abstain from them.

    Article 30 Freedom of Association

    (1 ) The freedom of association is guaranteed.

  1. Every person has the right to form associations, to join or to belong to them, and to participate in their activities.

  2. Nobody may be forced to join or to belong to an association.

    Article 31 Freedom of Domicile

    (1 ) Citizens of the Federal Republic of Mthwakazi have the right to establish domicile anywhere within the Republic.

    (2) They have the right to leave or to return to the Republic.

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

  1. Citizens of the Federal Republic of Mthwakazi may not be expelled from the country; and they may be extradited to a foreign authority only with their consent.

  2. Refugees may not be removed by force or extradited to a state in which they are persecuted or are likely to face persecution.

  3. Nobody may be removed by force to a state where he or she is threatened by death, torture or other means of cruel and inhuman treatment or punishment.

    Article 33 Guarantee of Property

  1. Property is guaranteed.

  2. Expropriation and restrictions of ownership equivalent to expropriation are fully compensated.

    Article 34 Economic Freedom

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

    Article 35 Freedom to Unionise

  1. Employees, employers, and their organisations have the right to unionise for the protection of their interests, to form unions and to join or refrain from joining them.

  2. Conflicts ought to be settled by negotiation and mediation as far as possible.

  3. Strike and lockout are permitted, provided they concern labour relations and do not violate any obligation to keep labour peace or to resort to conciliation.

  4. The law may prohibit strikes by certain groups of persons.

    Article 36 General Procedural Guarantees

  1. In judicial and administrative proceedings, every person has the right to equal and fair treatment as well as adjudication within reasonable time.

  2. The parties have the right to be heard.

  3. Every person lacking the necessary means has the right to free legal assistance.

  4. A law may provide for free legal counsel to persons facing serious criminal charges to the extent necessary for the protection of such persons' rights.

    Article 37 Guarantee of Legal Proceedings

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

Article 38 Judicial Proceedings

  1. Every person whose case is to be decided in judicial proceedings has the right to a court established by law, with jurisdiction, independence, and impartiality. Exceptional tribunals are prohibited.

  2. Every person subjected to civil action has the right to have the case adjudicated by the court of his or her domicile. The law may provide for another venue.

  3. Court hearings and pronouncements of judgments are public. The law may provide for exceptions.

Article 39 Habeas Corpus

  1. A person may only be deprived of his or her liberty only in accordance with the law.

  2. Every person deprived of his or her liberty has the right to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest and of his or her rights. The person has to have the opportunity to assert his or her rights. In particular, he or she has the right to have his or her close relatives informed.

  3. Every person taken into pretrial detention has the right to be brought before a judicial officer without delay; I the judicial officer decides whether the person remains in detention or is released. Every person held in pretrial detention is entitled to trial within a reasonable time.

  4. Every person deprived of his or her liberty without a trial is entitled to access to a court at any time. The court decides as soon as possible on the lawfulness of the detention.

    Article 40 Criminal Procedure

  1. Everyone is to be presumed innocent until convicted according to law.

  2. Everyone charged with a criminal offence has the right to be informed promptly and comprehensively of the accusation against him or her. He or she must have the opportunity to assert his or her rights of defence.

  3. Every condemned person has the right to have the judgement reviewed by a higher court.

    Article 41 Right of Petition

  1. Every person has the right to address petitions to authorities; no adverse consequences may arise from using this right.

  2. The authorities have to take cognizance of petitions.

    Article 42 Political Rights

  1. The political rights are guaranteed.

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

    Article 43 Realisation of Fundamental Rights

  1. Fundamental rights are the foundation of the entire legal system.

    To specify 48 hours here.

  2. Whoever exercises a public function is bound to the fundamental rights and obliged to contribute to their implementation.

  3. The authorities ensure that fundamental rights, where relevant, 2 also become effective among private parties.

    Article 44 Limitations of Fundamental Rights

  1. Limitations of fundamental rights require a basis in law. Serious limitations have to be expressly provided for in a statute. Cases of clear and present danger not to be avoided by other means are exempt.

  2. Limitations of fundamental rights have to be justified by public interest or by the protection of fundamental rights of others.

  3. Limitations of fundamental rights shall not exceed the purpose of the limitation.

  4. The essence of fundamental rights is inviolable.

Article 45 Exercise of Political Rights

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

Article 46 Protection of Rights3

  1. The Courts shall protect and promote all rights set out in this Constitution and shall make such orders as are necessary to prevent any current or future violation of rights and to remedy any violations.

  2. In order to assist in the expeditious determination of any issues relating to violation of human rights, the Federal Parliament must, within two years of the coming into force of this Constitution, enact a law establishing the Mthwakazi Human Rights and Equality Commission.

  3. The law establishing the Mthwakazi Human Rights and Equality Commission shall provide, among other things, the following:

  1. Appointment of five highly qualified, distinguished, independent, impartial Commissioners, the majority of whom must be lawyers with a distinguished track record in the protection and promotion of human rights. Such appointment shall be made by the President on the recommendations of the Federal Parliament.

  2. The Mthwakazi Human Rights and Equality Commission shall have the power to receive complaints of human rights violations from any person and shall have the power to conduct investigation to determine whether and to

    To improve wording.

    This part needs improvement. We may need to look at other Constitutions with good non-judicial protection frameworks.

    what extent there has been any human rights violation, including anything that undermines equality such as hate speech based on ethnicity, race, gender, religious affiliation, sexual orientation or any ground of discrimination prohibited by this Constitution or by international law.

  3. The Mthwakazi Human Rights and Equality Commission may make such orders as are necessary to prevent any current or future violation of rights and to remedy any violations.

  4. In the discharge of its mandate, the Mthwakazi Human Rights and Equality Commission shall endeavour to finalise its processes as expeditiously as possible and at minimal cost to the complainants and those accused of human rights violations.

  5. The law establishing the Mthwakazi Human Rights and Equality

    Commission should give it such other powers as are adequate to enable it to effectively discharge its mandate.

    Article 47 Facilitation of the Exercise of Political Rights

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

    established.

    (2)4

    Part 3 Federation, Districts, and Local Authorities

    Article 48 Levels of Government

    There are three main levels of government in the Federal Republic of

    Mthwakazi: the Federal level, the District level and Local Authority level.

Article 49 Federal Exclusive Legislative Power

The Federation has exclusive legislative power with respect to:

  1. foreign affairs and defence, including protection of the civilian population;

  2. citizenship in the Federation;

  3. freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;

    Here insert (paste) the provisions, with necessary modifications, of the current Constitution of Zimbabwe on ZEC. MEC's functions to include preparation and management of Federal elections in consultation with the Districts; to carry out delimitation of federal constituencies within Districts; and to produce a District based, national voters roll. The Districts are to manage their own electoral process, including local elections, according to Federal Law which may be supplemented by District law.

  4. currency, money and coinage, weights and measures, and the determination of standards of time;

  5. the unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection;

  6. safeguarding Mthwakazi cultural assets against removal from the country;

  7. air transport;

  8. the operation of railways wholly or predominantly owned by the Federation (federal railways), the construction, maintenance and operation of railroad lines belonging to federal railways, and the levying of charges for the use of these lines;

  9. postal and telecommunications services;

  10. the legal relations of persons employed by the Federation and by federal corporations;

  11. industrial property rights, copyrights and publishing;

  12. protection by the Federal Police against serious crime, including international crime, when a threat transcends the boundary of one District, when the jurisdiction of a District's police authorities cannot be perceived, or when the governor of an individual District requests the assumption of federal responsibility;

  13. statistics for federal purposes;

  14. the law on weapons and explosives;

  15. the production and utilisation of nuclear energy, the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances;

  16. Any other matter as provided for in this Constitution

    Article 50 Decisions to be taken by Institutions Closest to the People (1 ) In all other matters that are not within the exclusive jurisdiction of the Federation, decisions are to taken as closely as possible to the citizen. (2) In areas which do not fall within its exclusive competence, the Federation shall only act if the objectives of the proposed action cannot be sufficiently achieved at Local Authority or District levels, but can rather, by reason of scale or effects of the proposed action, be better achieved at Federal level.

    Article 51

    The Federation may take action in matters outside its exclusive competence in order to ensure economic unity or coherence; maintain essential national standards; and establish minimum standards required for rendering services; or to prevent unreasonable action taken by any level of government which is prejudicial to the overall well-being of the whole Federation or any part of it.

    Article 52: Division of Powers between the Federation and the Districts (1) The Districts have the right to legislate insofar as this Constitution does not confer exclusive legislative power on the Federation.

    (2) On matters within the exclusive legislative power of the Federation, the Districts have power to legislate only when and to the extent that they are expressly authorised to do so by a federal law.

    Article 53 Proportionality

    Any action by any of the three level of government should not go beyond what is necessary to achieve the objectives of such action.

Article 54 Principles

  1. The Federation and the Districts support each other in the fulfilment of their responsibilities and work together.

  2. They owe each other consideration and support. They grant each other administrative and judicial assistance.

  3. Disputes between the Districts or between Districts and the Federation are as far as possible resolved through negotiation or mediation.

    Article 55: Autonomy of Districts

  1. The Federation respects the autonomy of the Districts.

  2. The Federation accords the Districts sufficient functions of their own and respects their organisational autonomy. The Federation ensures that the Districts have sufficient financial resources and it contributes towards ensuring that they have the financial resources required to fulfil their functions. (3) The Districts may establish their own constitutions and the constitutional order in the Districts must conform to the principles of a republican, democratic and social state governed by the rule of law, within the meaning of this Constitution.

    (4) In each District, the people are to be represented by a body chosen in general, direct, free, equal and secret elections.

    Article 56 Autonomy of Local Authorities

  1. Local Authorities must be guaranteed the right to regulate all local affairs within the limits prescribed by the laws.

  2. In each local authority, the people are to be represented by a body chosen in general, direct, free, equal and secret elections.

  3. Within the limits of their functions designated by a law, associations of local authorities also have the right of self-government according to the laws.

    (4)The guarantee of self-government shall extend to the bases of financial autonomy; these bases shall include the right of local authorities to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed.

    Article 57 Participation in Federal Decision Making

    (1) The Districts participate, according to the Constitution, in federal decision-making, particularly regarding legislation.

    (2) The Federation timely and comprehensively informs the Districts of its projects; and it obtains their consideration whenever their interests are concerned.

    Article 58 Implementation of Federal Law

    (1) The Districts implement federal legislation according to the Constitution and the law.

  1. The Federation and the Districts may agree that the Districts in implementing federal law meet specific targets and, to this purpose, conduct programs financially supported by the Federation.

  2. The Federation allows the Districts the greatest possible organisational discretion and takes into account District particularities.

Article 59: Equal citizenship and Public service

(1) Every Mthwakazi shall have in every District the same political rights. (2) Every Mthwakazi shall be equally eligible for any public office according to his or her aptitude, qualifications and professional achievements.

  1. The exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service.

  2. The law governing the public service shall be developed with due regard to the traditional principles of a professional civil service.

  3. If any person, in the exercise of a public office entrusted to him, violates his official duty to a third party, liability shall rest principally with the state or public body that employs him. In the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. The ordinary courts shall not be closed to claims for compensation or indemnity.

    Article 60: Legal and Administrative Assistance and Assistance during Disasters

  1. All Federal and District authorities shall render legal and administrative assistance to one another.

  2. In order to maintain or restore public security or order, a District in particularly serious cases may call upon personnel and facilities of the Federal Police to assist its police when without such assistance the police could not fulfil their responsibilities, or could do so only with great difficulty. In order to respond to a grave accident or a natural disaster, a District may call for the assistance of police forces of other Districts or of personnel and facilities of other administrative authorities, of the Armed Forces, or of the Federal Police.

  3. If the natural disaster or accident endangers the territory of more than one District, the Federal Government, insofar as is necessary to combat the danger, may instruct the District governments to place police forces at the disposal of other Districts, and may deploy units of the Federal Police or the Armed Forces to support the District police. Measures taken by the Federal Government pursuant to the first sentence of this paragraph shall be rescinded at any time at the demand of the Federal Parliament, and in any event as soon as the danger is removed.

    Article 61 Personnel of Federal Authorities

  1. Civil servants employed by the highest federal authorities shall be drawn from all linguistic communities in appropriate proportion.

  2. Persons employed by other federal authorities shall, as a rule, be drawn from the District in which they serve.

Article 62 Federal Execution

If a District fails to comply with its obligations under this Constitution or federal law, the Federal Government, with the consent of the Federal Parliament, may take the necessary steps to compel the District to comply with its duties. For the purpose of implementing such coercive measures, the Federal

Government or its representative shall have the right to issue instructions to all Districts and their authorities.

Article 63 Supremacy of and Respect for Federal Law

(1) Federal law takes precedence over contrary District law.

(2) The Federation ensures the adherence to the Federal law by the Districts.

Article 64 Existence and Territory of the Districts

(1) The Federation protects the existence and the territory of the Districts.

  1. Modifications of the established Districts require the assent of the population affected, of the Districts affected as well as of the Mthwakazi People and the Districts at large.

  2. Territorial modifications between Districts require the assent of the population affected and of the Districts affected as well as the approval of the Federal Parliament.

    Part 4 Foreign Relations and Security

Article 65 Foreign Relations

  1. Foreign Relations are a federal matter.

  2. The Federation strives for the continuing independence of the Federal Republic of Mthwakazi and for its welfare; the Federation particularly promotes the alleviation of need and poverty in the world, the respect for human rights and the support for democracy, the peaceful coexistence of nations as well as the preservation of natural resources.

  3. In its international relations, the Federation takes into account the competencies of the Districts and respects their interests.

    Article 66 Participation of Districts in Decisions of Foreign Policy (1) The Districts participates in the preparation of those decisions of foreign policy that affect their competencies or essential interests.

  1. The Federation informs the Districts timely and comprehensively and asks them for their opinion.

  2. Statements of the Districts deserve particular attention if the Districts are affected in their competencies. In these cases, the Districts appropriately participate in international negotiations.

    Article 66 Security

    (1) The Federation and the Districts provide the security of the country and the protection of the population within the limits of their respective competencies.

  1. They coordinate their efforts in the field of inner security.

  2. The Federal security services consist of the Armed Forces; the Federal

    Police Force; the intelligence services; and the Prisons and Correctional

    Service; and any other security service established by Act of Parliament.

  3. The security services are subject to the authority of this Constitution, the President and Cabinet and are subject to parliamentary oversight.

  4. Membership of the security services must reflect the linguistic diversity of the people of Mthwakazi. (6) Members of the security services must act in accordance with this Constitution and the law.

    (7) Neither the security services nor any of their members may, in the exercise of their functions—

  1. act in a partisan manner;

  2. further the interests of any political party or cause;

  3. prejudice the laMul interests of any political party or cause; or (d) violate the fundamental rights or freedoms of any person.

  1. Members of the security services must not be active members or office bearers of any political party or organisation.

  2. Serving members of the security services must not be employed or engaged in civilian institutions except in periods of public emergency.

    Article 67 Armed Forces

  1. The Federal Republic of Mthwakazi has Armed Forces.

  2. The Armed Forces serve to maintain national peace and the national democratic order; and they defend the country and its population. They support the civil authorities to repel serious threats to internal security or to cope with other exceptional circumstances; and they contribute to the maintenance of international peace and the international democratic order The law may provide for further tasks.

    (4) The Armed Forces are composed of a land division and an air division. (5) The Federation may establish a navy division and station it, with consent of a foreign country, on foreign territory.

  1. The use of the Armed Forces is a federal matter.

  2. Members of the Armed Forces are apolitical are under the ultimate authority of the civilian President of the Republic.

  3. When the Armed Forces are deployed outside Mthwakazi, a two-thirds majority of the total membership of the Federal Parliament may resolve that a deployment of the Armed Forces outside Mthwakazi should be rescinded. (6) Where the Federal Parliament has resolved that deployment of the Armed Forces outside Mthwakazi should be rescinded, the President must take all practical steps to withdraw the Armed Forces, taking due account of the need to ensure the safety of members of the Armed Forces and their equipment. (7) Where the Armed Forces are actively deployed within the Republic, they perform their duties under the command of either Federal or District Police service.

    (8)The composition of the command structure of the Armed Forces shall reflect the different linguistic communities.

    Article 68 Organisation, instruction and equipment of the Armed Forces (1) Legislation on the Armed Forces including on such things as its organisation, instruction, and equipment is a federal matter.

    Article 69 Civil Defence

  1. Legislation on civil protection of people and goods against consequences of armed conflicts is a federal matter.

  2. The Federation adopts rules on the intervention of civil defence in catastrophes and emergencies.

  3. The Federation may make the civil defence service compulsory for a people below a certain age.

  4. The Federation adopts rules on fair compensation for loss of income incurred during armed conflicts, catastrophes and emergencies. (5) Persons, who render civil defence service and thereby suffer health impairment or lose their lives, have the right for themselves or for their relatives to appropriate support by the Federation.

Part 5 Education, Research, Culture, Religion and Statistics

Article 70 General Principles

(1) The Federation and the Districts, within the scope of their powers, jointly ensure the high quality and accessibility of education.

(2) They coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.

Article 71 Education

  1. The school system is a District matter.

  2. The Districts provide for sufficient primary education open to all children. Primary education is compulsory and is subordinated to state direction or supervision. It is free of charge in public schools.

  3. The Districts ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20.

  4. Where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory school attendance, the duration and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the Federation may make regulations to achieve such harmonisation.

  5. The Federation regulates the start of the school year.

  6. The Districts participate in the drafting of federal legislation on school education that affects District responsibilities, and special account has to be taken of their opinions.

    Article 72 Professional Education

  1. The Federation adopts rules on professional education.

  2. It encourages the provision of a diverse and accessible range of courses in vocational and professional education and training.

Article 73 Universities

  1. The Federation operates Universities and it may establish, operate, or support and other institutions of higher learning.

  2. The Federation supports District universities and may support other institutions of higher learning acknowledged by the Federation.

  3. The Federation and the Districts are jointly responsible for the coordination and guarantee of quality in Mthwakazi higher education. In fulfilling this responsibility, they take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions.

  4. In order to fulfil their duties, the Federation and the Districts enter into agreements and delegate certain powers to joint administrative authorities. The law regulates the powers that may be delegated, and determines the principles governing the organisation of and procedures for coordination.

  5. If the Federation and the Districts fail to reach their common goals by means of coordination, the Federation issues regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. In addition, the Federation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost intensive activities.

    Article 74 Research

    (1) The Federation supports research and innovation.

  1. The Federation may make promotion particularly dependent on the fact that quality control and coordination is guaranteed.

  2. The Federation may establish, adopt, or operate research institutions.

    Article 75 Continuing Education and Training

  1. The Federation specifies principles governing continuing education and training.

  2. It may promote continuing education and training.

  3. The law specifies the fields of and the criteria for such promotion.

    Article 76 Support of Education

    (1) The Federation may grant financial contributions to the District's expenses for scholarships and other training aids. It may encourage the inter-district harmonisation of education grants and lay down principles for the payment of education grants.

    (2) In addition to the measures adopted by Districts and while respecting the autonomy of Districts in school matters, the Federation may come up with its own measures to promote education.

Article 77 Education of Young People

  1. In the accomplishment of their tasks, the Federation and the Districts take into account the special needs for development and protection of children and young people.

  2. The Federation may, in addition to measures adopted by Districts, support the extracurricular work with children and young people.

    Article 78 Sport

  1. The Federation promotes sport, particularly sport education.

  2. The Federation may adopt rules on youth sport, and may declare sport education compulsory.

    Article 79 Culture

    (1) The Districts are responsible in matters of culture.

  1. The Federation may support cultural efforts of national interest, and encourage art and music, particularly in matters of education.

  2. In the accomplishment of its tasks, the Federation considers the cultural and linguistic diversity of the country.

  3. No law may bar recognition of cultural traditions and traditional leadership but —

  1. cultural practices must not impinge on any rights protected by this Constitution; and

  2. traditional leaders may not perform any judicial, administrative or public service functions.

    Article 80 Religion

    (1) The regulation of the relationship between religion and state is a District matter.

    (2) Within the limits of their competencies, the Federation and the Districts may take measures to maintain public peace between members of the various religious communities.

Article 81 Statistics

  1. The Federation collects the necessary statistical data on the status and the development of population, economy, society, education, research, area, and environment in the Republic.

  2. The Federation may adopt rules on harmonising and keeping official registers to facilitate the collection of data.

    Part 6 Sustainable Development and the Environment

    Article 82 Sustainable Development

    The Federation and the Districts are engaged to establish a durable balanced relationship between nature, particularly its renewal capacity, and its use by human beings.

    Article 83 Protection of the Environment

    (1) The Federation adopts rules on the protection of human beings and their natural environment against harmful or irritating effects.

    (2) The execution of the regulations falls to the Districts, as far as the law does not reserve it for the Federation.

    Article 84 Zoning

  1. The Federation establishes principles on zoning. Zoning is incumbent on the Districts and serves to achieve an appropriate and moderate use of the land and its ordered inhabitation.

  2. The Federation furthers and coordinates the efforts of the Districts and collaborates with them.

  3. The Federation and the Districts consider the needs of zoning while fulfilling their tasks.

    Article 85 Land Survey

  1. The National Land Survey is the responsibility of the Federation.

  2. The Federation issues regulations on official surveying.

  3. It may issue regulations on the harmonisation of official information relating to the land.

    Article 86 Water

  1. The Federation provides within its competencies for the moderate use and protection of the water resources.

  2. The Federation establishes principles on the preservation and opening of water resources; on the use of water for the production of energy, agriculture and other purposes.

  3. The Federation adopts rules on water protection, on securing appropriate residual water, on hydraulic engineering, on the safety of dams and on interventions to influence precipitation.

  4. The Districts dispose of the water resources. They may levy duties for the use of water within the limits of federal legislation. The Federation has the right to use waters for its enterprises; for which the Federation pays a duty and compensation.

    (6) In the fulfilment of its tasks, the Federation considers the requests of the Districts from which the water originates.

    Article 87 Forests

    (1) The Federation provides for the fulfilment of forests' protective, economic, welfare and aesthetic functions.

  1. The Federation establishes principles for the protection of forests.

  2. The Federation furthers measures for the preservation of forests.

    Article 88 Nature and Cultural Heritage

    (1) The protection of nature and cultural heritage is a District matter. (2) The Federation considers the requests of the protection of nature and cultural heritage while fulfilling its tasks.

  1. The Federation may support efforts towards the protection of nature and cultural heritage, and may by contract or by expropriation, acquire or secure objects of national importance.

  2. The Federation adopts rules on the protection of fauna and flora and on the preservation of their habitats in the natural variety. The Federation protects endangered species from extinction.

    Article 89 Fishery and Hunting

    The Federation establishes principles over practice of fishery and hunting, in particular for the preservation of the diversity of species of fish, animals and birds living in the wild.

    Article 90 Animal Protection

  1. The Federation adopts rules on animal protection.

  2. The Federation regulates in particular:

  1. the keeping and care of animals;

  2. experiments on live animals;

  3. the use of animals;

  4. the importation of animals and animal products;

  5. animal trade and transportation of animals;

  6. the killing of animals

    (3) The execution of the regulations falls to the Districts, as far as the law does not reserve it for the Federation.

    Part 7 Public Infrastructure

    Article 91 Public Works

    The Federation may, in the interest of the whole or a large part of the country, establish and operate public works or support their establishment.

    Article 92 Road Traffic

  1. The Federation adopts rules on road traffic.

  2. The Federation exercises supervision over roads of national importance; it may determine which transit roads have to remain open to traffic.

  3. The use of public roads is free of charge.

    Article 93 Federal Highways

    (1) The Federation guarantees the establishment of a network of federal highways and the utilization of these highways.

    (2) The Federation constructs, operates, and maintains federal roads. It bears the costs thereof. It may assign this task wholly or partly to public or private bodies or combined public-private bodies.

    Article 94 Rail Traffic and Other Means of Traffic

    The legislation on rail traffic, cable cars, navigation, aviation, and space travel is a federal matter.

    Part 8 Energy, Transport and Communication

Article 95 Energy Policy

(1) Within their competencies, the Federation and the Districts work towards a sufficient, diversified, reliable, economic and environmental compatible energy supply as well as to economical and rational energy consumption.

(2) The Federation establishes principles on the use of domestic and renewable energies and on economical and rational energy consumption. (3) The Federation adopts rules on the energy consumption of plants, vehicles and appliances.

(4) Measures concerning the consumption of energy in buildings are primarily a District matter.

Article 96 Nuclear Energy

Legislation in the field of nuclear energy is a federal matter.

Article 97 Transportation of Energy

(1) The Federation adopts rules on transportation and supply of electricity.

(2) Legislation on pipelines for the transport of liquid or gaseous fuels is a federal matter.

Article 98 Postal and Telecommunication Services

  1. Postal and telecommunication services are a federal matter.

  2. The Federation provides for sufficient and reasonably priced basic postal and telecommunication services. The rates are fixed according to uniform principles.

Article 99 Radio and Television

(1) Legislation on radio and television as well as on other forms of productions and information in the field of public telecommunication is a federal matter. (2) Radio and Television contribute to education and cultural development, to the free formation of opinion, and to entertainment. They consider the peculiarities of the whole Federation and the needs of the Districts. They present events properly and express the variety of opinions adequately. (3) The independence of radio and television as well as the autonomy in program organisation are guaranteed.

(4) Program complaints may be submitted to an independent appeal instance.

Part 9 Economy

Article 100 Principles of Economic Order

  1. The Federation and the Districts adhere to the principle of economic freedom.

  2. They safeguard the interests of the Mthwakazi national economy and contribute with the private sector of economy to welfare and economic security of the population.

  3. Within the limits of their competencies, they provide for favourable general conditions for the private sector of economy.

    Article 101 Private Economic Activity

    (1) The Federation may adopt rules on the exercise of private economic activity.

    (2) The Federation provides for a uniform Mthwakazi economic area. It guarantees that persons with scientific education or with a federal or District or recognised certificate may exercise their profession throughout all of Mthwakazi.

    Article 102 Competition Policy

    (1) The Federation adopts rules against adverse effects of cartels and other restrictions of competition.

    (2) The Federation takes measures to prevent abuses in pricing and against unfair competition.

    Article 103 Consumer Protection

  1. The Federation takes measures for consumer protection.

  2. It legislates on the remedies available to consumer organisations.

    Article 104 Banking and Insurance

  1. The Federation adopts rules on banking and financial markets; it takes into account the specific task and position of District banks.

  2. The Federation adopts rules on private insurance.

  3. The Federation may adopt rules on financial services in other fields.

Article 105 Monetary Policy

  1. The Mthwakazi National Bank adopts as an independent central bank a currency policy serving the general interest of the country; it is administered with cooperation and under supervision of the Federation.

  2. The Mthwakazi National Bank builds up sufficient monetary reserves from its profits; a part of these reserves is to be held in gold.

  3. At least two thirds of the net profit of the Mthwakazi National Bank goes to the Districts, in equal shares, share and share alike.

    Article 106 Policy on Economic Development

  1. The Federation takes measures to ensure a balanced economic development, particularly to prevent and fight against unemployment and inflation.

  2. In finance and credit system, in foreign trade and in public finance, the Federation may, if necessary, deviate from the principle of economic freedom.

  3. In coming up with their income and expenditure policies, the Federation,

    Districts and Local communities consider the prevailing economic situation.

    Article 107 Foreign Trade

    (1) The Federation protects the interests of the Mthwakazi economy abroad.

    (2) In special cases, the Federation may take measures to protect the domestic economy. It may, if necessary, deviate from the principle of economic freedom.

Article 108 Supply of Essential Goods and Services

(1) The Federation may take measures to ensure the supply of the country with vital goods and services.

(2) The Federation may, if necessary, deviate from the principle of economic freedom.

Article 109 Structural Policy

The Federation may support economically threatened national areas as well as promote economic branches and professions, if reasonable self-help measures are insufficient to ensure their existence. The Federation may, if necessary, deviate from the principle of economic freedom.

Article 110 Agriculture

(1) Agriculture is the basis of modern day human sustenance and the Federation promotes, through legislation and economic support, sustainable, and efficient agricultural production.

  1. The Federation adopts rules on the declaration of origin, quality, production method and processing method for food;

  2. The Federation protects the environments against impairments by excessive use of fertilizer, chemicals and other auxiliary substances; (4) It encourages agricultural research, counselling, and education, and may render investment assistance;

    (5) It may adopt laws on rural property rights.

    Article 111 Alcohol

  1. The legislation on production, import, refining of distilled alcohol is a federal matter. The Federation takes particularly into account the harmful effects of the consumption of alcohol.

  2. The production of other forms of alcohol and the regulation of sale of any alcohol is a District matter.

    Article 112 Gambling

  1. Legislation on gambling and lotteries is a federal matter.

  2. For the establishment and the enterprise of gambling casinos a Federal licence is necessary. It considers the regional conditions and the danger of gambling.

  3. For the license of non-casino games, the Districts are responsible.

    Article 113 Weapons and Military Materia15

  1. The Federation adopts rules against the abuse of weapons, weapon accessories and ammunition.

  2. It legislates on the production, acquisition, distribution, importation, exportation, and transit of military material.

Part 10 Housing, Work, Social Security and Health

Article 114 Promotion of Construction and Ownership of Housing

(1) Regulation of construction and ownership of housing is a District matter. (2)The Federation may promote house construction, the acquisition of housing and house property for personal requirements of private persons, as well as activities of the building owners and construction enterprises. (2) The Federation may promote particularly the procurement and development of land for house building, rationalisation and price-reduction of home construction as well as reduction of housing costs.

  1. The Federation may adopt rules on the development of land for home construction and construction rationalisation.

  2. The Federation considers particularly the interests of families and aged, needy, and handicapped persons.

    Article 115 Labour

    (1) The Federation may adopt rules on:

  1. the protection of employees;

  2. the relationship between employees and employers, particularly the common regulation on operational and occupational affairs. (c) employment services;

    (d) generally binding effect of collective agreements

    (2) collective agreements may be declared of general force, if they account for the legitimate minority interests and geographical differences appropriately, and respect the principle of equality before the law and the freedom of association.

    Needs revision or jettisoning.

Article 116 Social Security for the Elderly, Survivors, and Disabled Persons

(1) The Federation takes measures for a sufficient provision for old age, survivors, and disabled persons.

(2) The Federation may obligate the Districts to exempt entities that provide federal old age, survivors, and disability insurance as well as the employee pension plans from tax liability.

Article 117 Old Age, Survivors' and Disability Insurance

  1. The Federation adopts rules on the old age, survivors, and disability insurance.

  2. The Federation respects thereby the following principles:

  1. insurance is mandatory;

  2. pensions have to cover basic living expenses;

    (d) Pensions will be continuously adapted to cost of living.

  1. Insurance is financed by contributions of the insured persons, whereby the employers will pay half of the contributions for their employees.

  2. The Federation may contribute to financing of insurance through subsidies.

  3. The Federation and Districts may pay supplementary benefits to people whose basic living expenses are not covered by benefits under the old-age, survivors and disability insurance.

  4. The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Federation and Districts.

    Article 118 Support for the Rehabilitation of Disabled People6 (1) The Federation encourages the rehabilitation of people eligible for disability benefits by providing cash and non-cash benefits.

  1. The Districts encourage the rehabilitation of people eligible for disability benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work.

  2. The law determines the goals of rehabilitation and the principles and criteria.

    Article 119 Help for the Elderly and Disabled

    (1) The Districts provide for assistance and care in the home for elderly people and people with disabilities. (2) The Federation may support national efforts for the benefit of elderly people and people with disabilities.

    Probably it would be best to use politically correct language here and elsewhere e.g. — people with physical challenges

    Article 120 Employee Pension Plans

  1. The Federation adopts rules on employee pension plans.

  2. The Federation respects thereby the following principles:

  1. Employee pension plans combined with old age, survivors, and disability insurance enable in an appropriate way the continuation of the previous lifestyle;

  2. Employee pension plans are mandatory for employees; the law may provide for exceptions;

  3. The employers insure their employees with a pension institution; as far as necessary, the federation gives them the possibility to insure their employees with a federal pension institution;

  4. Self-employed persons may voluntarily insure themselves with a pension institution;

  5. For particular groups of self-employed persons, the Federation may declare employee pension plans mandatory, in general or only for particular risks.

  1. Employee pension plans are financed through contributions by the insured persons, whereby the employers pay at least half of the contributions of their employees.

  2. Employee pension institutions have to satisfy federal minimum requirements.

    Article 121 Unemployment Insurance

    (1) The Federation adopts rules on mandatory unemployment insurance. (2) Unemployment insurance grants an appropriate compensation for loss of earnings, and supports measures to prevent and fight unemployment;

    (3) Self-employed persons may voluntarily insure themselves.

  1. The unemployment insurance is financed by the contributions of the insured persons, whereby the employers pay half of the contributions for their employees.

  2. The Federation and the Districts provide for subsidies in extraordinary circumstances.

  3. The Federation may adopt rules on unemployment relief.

    Article 122 Assistance to Needy Persons

    Needy persons are supported by their District of domicile.

Article 123 Family Allocations and Maternity Insurance

  1. In the fulfilment of its tasks the Federation considers the needs of the family. It may support measures to protect the family.

  2. The Federation may adopt rules on family allowance and operates a federal family compensation fund.

  3. The Federation institutes a maternity insurance. It may also obligate persons to contribute that cannot benefit from the insurance.

  4. The Federation may declare the affiliation to a family compensation fund and to the maternity insurance generally or for certain categories of persons as mandatory, and may make its subsidies dependent upon appropriate contributions by the Districts.

    Article 124 Health and Accident Insurance

  1. The Federation adopts rules on health and accident insurance.

  2. The Federation may declare health and accident insurance generally or for certain categories of persons as mandatory.

    Article 125 Protection of Health

    (1) Within the limits of its competencies, he Federation takes measures for the protection of health.

    (2) The Federation adopts rules on:

  1. the use of food and medicaments, drugs, organisms, chemicals and objects which may endanger health;

  2. fighting contagious, widespread or particularly dangerous human and animal diseases;

  3. protection against harmful radiation.

    Article 126 Research on Humans

  1. The Federation legislates on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it preserves the freedom to conduct research and takes account of the importance of research to health and society.

  2. The Federation adheres to the following principles in relation to biological and medical research involving human beings:

  1. It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.

  2. The risks and stress for the participants must not be disproportionate to the benefits of the research project.

  3. A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.

  4. An independent assessment of the research project must have determined that the safety of the participants is guaranteed.

    Article 127 Transplantation Medicine

    (1) The Federation adopts rules in the field of transplantation of organs, tissue, and cells. It provides for the protection of human dignity, personality, and health.

    (2) The Federation establishes criteria for the just assignment of organs. (3) Donations of human organs, tissue and cells are free of charge. Trade in human organs, tissue and cells are prohibited.

    (4) Giving or receiving of gifts in connection with donation of human organs, tissue and cells is prohibited.

Article 128 Criminal Law

(1) The Districts are responsible for criminal justice, and execution for criminal penalties and measures, insofar this Constitution and the law does not provide otherwise. (2) The Federation may issue regulations on the execution of penalties and measures.

(4) The Federation may grant subsidies to the Districts for:

  1. the construction of prisons;

  2. improvements in the execution of penalties and measures;

  3. institutions that conduct educational measures for the benefit of children, adolescents, and young adults affected by the criminal justice system.

Article 129 Aid to Victims of Criminal Acts

The Federation and the Districts provide for the compensation of persons who were impaired in their physical, psychological or sexual integrity.

Article 130 Weights and Measures7

Legislation on weights and measures is a federal matter.

Part 16 Finances

Article 131 Budget

(1) The maximum amount in the estimated budget of total expenditure to be granted depends, considering the economic situation, on the estimated revenues.

  1. With extraordinary financial need the maximum amount of paragraph (1 )

    Unnecessary repetition. To delete this article.

    above may be increased. The Federal Parliament decides on such an increase.

  2. If the expenditure shown in the budget exceeds the maximum amount of estimated revenues, the excess expenditure has to be compensated during the following years.

    Article 132 Principles of Taxation

  1. Taxation is regulated by law.

  2. Insofar the nature of tax allows it, the principles of generality and equability of taxation as well as the principle of taxation according to economic capacity are particularly to be considered.

  3. Inter-district double taxation is prohibited; and the Federation may take the necessary measures to address double taxation.

    Article 133 Direct Taxes

    (1) The Federation may levy a direct tax -

  1. of at most 10 percent on the income of natural persons;

  2. of at most 10 percent on the net proceeds of legal persons;

  1. The Federation considers in establishing tax scales the burden of direct taxes imposed by the Districts and the Local communities.

  2. Tax is assessed and collected by the Districts. Three tenths of the gross tax yield is retained by the Districts; and at least one sixth of which is used for the financial equilibrium among the Districts.

    Article 134 Harmonisation of Taxes

    (1) The Federation establishes principles on the harmonisation of direct taxes of the Federation, Districts, and Local communities.

  1. The harmonisation extends to tax liability, the object and the periodical assessment of taxes, procedural law and law regarding fiscal offences.

  2. The Federation may adopt rules against unjustified fiscal privileges.

    Article 135 Value Added Tax

  1. The Federation may, on supply of goods and services, including own use, and on imports levy a value added tax with a maximum rate of five percent and a reduced rate of at least two percent.

  2. The law may provide for the taxation of accommodation services at a rate between the reduced rate and the standard rate.

    Article 136 Special Consumption Taxes

    (1) The Federation may levy special consumption taxes on the following: (a) tobacco and tobacco products;

  1. distilled spirits;

  2. beer and other alcoholic beverages;

  3. automobiles and their components;

  4. crude oil, other mineral fuels, natural gas, and products obtained through refining them, and on motor fuels.

  1. The Federation may levy a surcharge on the consumption tax on motor fuels.

  2. The Districts receive 10 percent of the net proceeds out of taxation on distilled spirits. These funds are to be used to fight causes and effects of addiction.

    Article 137 Stamp Tax and Withholding Taxes

  1. The Federation may levy a stamp tax on securities, on insurance premium receipts, and on other documents of commerce. Excluded from stamp tax are documents concerning real estates and mortgages transactions.

  2. The Federation may levy a withholding tax on income from moveable capital assets, on lottery winnings and on insurance benefits. 10 per cent of the tax revenue is allocated to the Districts.

Article 138 Customs Duties

Legislation on customs duties and other levies on trans-border goods traffic is a federal matter.

Article 139 Exclusion of District and Municipal Taxation

What federal legislation subjects to value added tax, to a special consumption tax, to stamp tax, and to withholding tax, or declares to be exempt from these taxes, may not be taxed by the Districts and the Local communities with taxes of the same kind.

Article 140 Equalisation of Financial Resources and Burdens

  1. The Federation issues regulations on the equitable equalisation of financial resources and burdens between the Federation and the Districts as well as among the Districts.

  2. The equalisation of financial resources and burdens is intended in particular to:

  1. reduce the differences in financial capacity among the Districts;

  2. guarantee the Districts a minimum level of financial resources;

  3. compensate for excessive financial burdens on individual Districts due to geo-topographical or socio-demographic factors;

  4. encourage inter-District cooperation on burden equalisation;

  5. maintain the tax competitiveness of the District by national and

    international comparison.

  1. The funds for the equalisation of financial resources are provided by those Districts with a higher level of resources and by the Federation.

  2. Federal law provides for the calculation of the amounts to be used for equalisation.

    Part 17 Local Authorities

    Article 141 Establishment of Local Authorities

  1. There are local authorities to represent and manage the affairs of people in urban and rural areas throughout the Federal Republic of Mthwakazi.

  2. Local authorities are managed by councils composed of councillors elected by registered voters in the local areas concerned and presided over by elected mayors, in the case of urban or predominantly urban local authorities or chairpersons, in the case of rural or predominantly rural local authorities. (3) Different classes of local authorities may be established for different urban areas, and two or more different urban areas may be placed under the management of a single local authority.

    (4) Different classes of local authorities may be established for different rural areas, and two or more different areas may be placed under the management of a single local authority.

    (4)The qualifications and procedure for the election of persons referred to in

    (2) above must be set out in the District electoral law or, if this Constitution allows, in a Federal law.

    Article 142 Functions of Local Authorities

  1. Subject to this Constitution or District or Federal law, a local authority has the right to govern, on its own initiative, the local affairs of the people within the area for which it has been established, and has all the powers necessary for it to do so.

  2. Local authorities have powers, subject to this Constitution or any other law, to-

  1. make by-laws, regulations or rules for the effective administration of the areas for which they have been established;

  2. levy rates and taxes and generally to raise sufficient revenue for them to carry out their objects and responsibilities.

    What is the next unit after an Article - paragraph, section or what?

    Article 143 Elections to Local Authorities

  1. Elections of councillors of Local Authorities must be held in terms of the District law or Federal law.

  2. In the case of a vacancy in a Local Authority, the law must provide for the filling in of the vacancy as soon as practicable after the vacancy has occurred.

  3. Except as otherwise provided in a District or Federal law, mayors, chairpersons and councillors of local authorities assume office on the ninth day after the announcement of the results of the election in which they were elected.

    Article 144 Tenure of Office of Members of Local Authorities

    (1 ) The seat of a mayor, chairperson or councillor of a local authority becomes vacant in the circumstances set out in aticle..., as if he or she were a Member of the District Parliament.

    (2) Federal law must provide for the establishment of an independent

    Tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of-(a) inability to perform the functions of their office due to mental or physical incapacity;

  1. gross incompetence;

  2. gross misconduct;

  3. conviction of an offence involving dishonesty, corruption or abuse of office; or

  4. wilful violation of the law, including a local authority by-law.

    (3) A mayor, chairperson or councillor of a local authority does not vacate his or her seat except on own volition or in accordance with this section.

Part 13 Districts Authorities

Article 145 Political Participation

  1. All Mthwakazi citizens who have passed the 18th year of age and are not placed under guardianship because of mental illness or weakness are entitled to political rights in District matters.

  2. They may participate in federal and district elections as well as seize and sign popular initiatives and referenda in district and federal matters.

Article 146 Political Parties

(1) Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles.

Article 147 Mandatory Referendum

(1) The People and the Districts have the right to vote on the following: (a) amendment of the Constitution;

(b) entry into international organisations for collective security or into supranational communities;

Article 148 Required Majorities

(1) Proposals submitted to vote of the People are accepted if the majority of those voting approves of them.

  1. Proposals submitted to the vote of the People and the Districts are accepted if the majority of those voting and the majority of the Districts approve of them.

  2. The result of the popular vote in the District counts as the vote of that District.

    Article 149 District Parliament

  1. The legislative authority of a District is vested in its District Parliament which has the power to pass legislation for its District with regard to any matter that does not fall within the exclusive jurisdiction of the Federal Government;

  2. A District Parliament may pass legislation with regard to any matter that is expressly assigned to the District by Federal legislation.

  3. A District Parliament is bound only by this Constitution and must act in accordance with, and within its limits.

  4. A District Parliament may recommend to the Federal Parliament legislation concerning any matter outside the authority of the District Parliament, or in respect of which an Act of Federal Parliament prevails over a District law.

  5. A District Parliament exercises the highest authority in the District.

  6. Members of a District Parliament are to be elected in general, direct, free, equal and secret elections. They are representatives of all the people in the District, not bound by orders or instructions, and responsible only to their conscience.

    (5) Any person who has attained the age of 18 is entitled to vote for members of the District Parliament; and any person who has attained the age of 18 may be elected as member of the District Parliament.

    Article 150: Term of Office and Convening of Elections

  1. Save the following provisions, the District Parliament shall be elected for five years. Its term shall end when a new District Parliament convenes. New elections shall be held no sooner than forty-six months and no later than forty-eight months after the electoral term begins. If the District Parliament is dissolved, new elections shall be held within sixty days.

  2. A District Parliament consists of persons elected as members in terms of an electoral system that is prescribed by Federal legislation.

  3. A District Parliament consists of no more than 10 members. The number of members, which may differ among the Districts, must be determined in terms of a formula prescribed by Federal legislation.

  4. The District Parliament shall convene no later than the thirtieth day after the elections.

  5. The District Parliament determines when its sessions shall be adjourned and resumed. The Speaker of the District Parliament may convene it at an earlier date. He/She shall be obliged to do so if one third of the Members or the District President so demand.

    Article 151 Speaker of the District Parliament

    (1) The District Parliament elects its Speaker, Deputy Speakers and secretaries; and it adopts its rules of procedure.

    (2) The Speaker is responsible for all the property and security in the District Parliament building. No search or seizure may take place on the premises of the District Parliament without his or her permission.

Article 152: Sittings and Decisions

(1) Sittings of the District Parliament are public; but any its committees may, if two thirds of the District Parliament so decide sit in camera.

  1. Decisions of a District Parliament require a majority of the votes cast unless this Constitution otherwise provides.

  2. Truthful reports of public sittings of the District Parliament and of its committees shall not give rise to any liability.

Article 153 Right to Require Presence, Right of Access and the Right to be heard

(1) The District Parliament and its committees may require the presence of any member of the District Government.

There may be a need to provide for qualifications and disqualifications of members of a District Parliament in the Constitution itself.

(2)The members of the District Parliament and of the District Government as well as their representatives may attend all sittings of the District Parliament and meetings of its committees. They have the right to be heard at any time.

Article 154 Committees of Inquiry

  1. A District Parliament has the right, and on the motion of one third of its Members the duty, to establish a committee of inquiry, which shall take the requisite evidence at public hearings. The public may be excluded.

  2. The rules of criminal procedure shall apply mutatis mutandis to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.

  3. District Courts and administrative authorities shall be required to provide legal and administrative assistance.

  4. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation by a commission of inquiry undertaken by a commission of inquiry.

    Article 155 Committees on Inter-District and Federal Affairs

    (1) The District Parliament shall appoint a Committee on Inter-District and Federal Affairs.

    Article 156 Parliamentary Commissioner for the District Police Force A Parliamentary Commissioner for the District Police Force shall be appointed to safeguard basic rights and to assist the District Parliament in exercising parliamentary oversight over the District Police Force. Details shall be regulated by a federal law.

    Article 157 Petitions Committee

    (1) The District Parliament shall appoint a Petitions Committee to deal with requests and complaints addressed to the District Parliament. The powers of the Committee to consider complaints shall be regulated by a federal law.

    Article 158 Immunities of Members

  1. At no time may a Member of a District Parliament be subjected to court proceedings or disciplinary action or otherwise called to account outside the District Parliament for a vote cast or for any speech or debate in the Federal Parliament or in any of its committees. This provision shall not apply to defamatory insults.

  2. A Member may not be called to account or arrested for a punishable offence without permission of a District Parliament, unless he is apprehended while committing the offence or in the course of the following day.

  3. The permission of a District Parliament shall also be required for any other restriction of a Member's freedom of the person or for the initiation of proceedings against a Member.

  4. Any criminal proceedings against a Member and any detention or other restriction of the freedom of his person shall be suspended at the demand of a District Parliament.

Article 159 Right of Refusal to give Evidence

Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of a District Parliament, or to whom they have confided information in this capacity, as well as evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.

Article 160 Protection of Membership and Remuneration

  1. Every candidate for election to a District Parliament shall be entitled to the leave necessary for his election campaign.

  2. No one may be prevented from accepting or exercising the office of Member of a District Parliament. No one may be given notice of dismissal or discharged from employment on this ground.

  3. Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.

Article 161 Speaker of a District Parliament[1]

The District Parliament elects from its midst for a non-renewable term of five years a Speaker as well as the first and the second Deputy Speakers.

Article 162 Parliamentary Commissions

  1. Each District Parliament appoints commissions from its midst.

  2. The law may delegate certain powers that are not of legislative nature to commissions.

  3. For the fulfilment of their tasks, the commissions are entitled to the right of information, to the right of consulting documents and to conduct inquiries. Their procedures and the extent of their powers are regulated by law.

    Article 163 Parliamentary Groups

    The members of a District Parliament may form parliamentary groups.

    Article 164 Parliamentary Services

    The District Parliament has parliamentary services. It may request the District Government to provide such services. The law regulates the details.

    Article 165 Bills

  1. Bills may be introduced in the District Parliament by the District Administration, or from the floor of the District Parliament.

  2. The rules and procedures of a District Parliament shall be set out in a federal law. A District Parliament may enact additional rules and procedures for the efficacious conduct of its proceedings.

    Article 166 Meetings to be Public

    Meetings of District Parliament are public. The law may provide for exceptions.

    Article 167 Quorum and Majority

  1. A District Parliament may deliberate validly if the majority of its members are present.

  2. A District Parliament's decisions are taken by the majority of those voting.

  3. The approval of the majority of the members of the District Parliament is however required for:

  1. adoption of the budget; and

  2. the increase of total expenditure in the case of extraordinary financial need.

    Article 168 Right to Initiatives and Motions[2]

  1. Every member of a District Parliament, every parliamentary group and every parliamentary commission has the right to submit initiatives to the District Parliament.

  2. Members of a District Parliament and of the District Government have the right to introduce motions concerning an affair under deliberation.

    Article 169 Prohibition of Instructed Mandates

  1. The members of the District Parliament vote without instructions.

  2. They reveal their links with interest groups.

    Article 170 Immunity

  1. The members of a District Parliament and a District Government may not be held legally responsible for their statements in the District Parliament and before its organs.

  2. The law may provide for further forms of immunity, and extend them to other persons.

    Article 171 Form of Laws and Decrees by the District Parliament

  1. A District Parliament enacts legislative provisions in the form of a District Statute.

  2. Legislation powers may be delegated by District Statute insofar it is not excluded by the Constitution.

    Article 172 Finances

    A District Parliament decides on District spending, adopts the estimated budget, and approves the budget review.

    Article 173 Appointments of District Officials

    A District law may empower a District Parliament to confirm appointments to Federal office.

Article 174 Supervision

(1) The District Parliament exercises the supervision over the District Government, the District Administration, and the other organs entrusted with tasks of the District.

Article 175 Mandates to a District Government

A District Parliament may confer mandates to a District Government. The law regulates the details, particularly the instruments, with which a District Parliament may determine the scope of competencies of a District Government.

Article 176 Relations between the Federation and other Districts

A District Parliament maintains the relations between the Federation and other Districts.

Article 177 Further Tasks and Powers

Federal or District law may assign further tasks to the Federal Parliament.

Article 178 Vacancies

Vacancies in a District Parliament are be filled in terms of Federal legislation.

Article 179 Oath or affirmation

Before members of a District Parliament begin to perform their functions in the

Parliament, they must swear or affirm faithfulness to the Federal Republic of Mthwakazi and obedience to the Constitution, in accordance with Schedule . . of this Constitution.

Article 180 Period of Competency

A District Parliament remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Parliament.

Article 181 Dissolution of District Parliaments before expiry of term (1) The Governor of a District must dissolve the District Parliament if— (a) the District Parliament has adopted a resolution to dissolve with a supporting vote of a majority of its members; and

(b) three years have passed since the District Parliament was elected.

(2) An Acting District Governor must dissolve the District Parliament if— (a) there is a vacancy in the office of District Governor, [3] and

(b) the District Parliament fails to elect a new District Governor within 30 days after the vacancy occurred.

Article 182 Sittings and Recess periods

(1 ) After an election, the first sitting of a District Parliament must take place at a time and on a date determined by a Secretary of the District Parliament or in his/her absence, a Deputy Secretary, not more than 14 days after the election result has been declared.

  1. The Governor of a District may summon the District Parliament to an extraordinary sitting at any time to conduct special business.

  2. A District Parliament may determine where it ordinarily will sit.

    Article 183 Speakers and Deputy Speakers 13

    (1 ) At the first sitting after its election, or when necessary to fill a vacancy, a District Parliament must elect a Speaker and a Deputy Speaker from among its members.

    (2) The District Chief Justice or a judge designated by him/her must preside over the election of a Speaker. The Speaker presides over the election of a Deputy Speaker. For the first District Parliament, the District Administrator or anyone acting in his/her capacity must preside over the election of a Speaker. (4) A District Parliament may remove its Speaker or Deputy Speaker from office by resolution. A majority of the members of the District Parliament must be present when the resolution is adopted.

    (5) In terms of its rules of procedure, a District Parliament may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker in the discharge of their duties.

Article 184 Decisions

(1) Except where the Constitution provides otherwise—

  1. a majority of the members of a District Parliament must be present before a vote may be taken on a Bill or an amendment to a Bill;

  2. at least one third of the members must be present before a vote may be taken on any other question before the District Parliament; and

  3. all questions before a District Parliament are decided by a majority of the

    votes cast.

    (2) The member presiding at a meeting of a District Parliament has no deliberative vote, but—

  1. may cast a deciding vote when there is an equal number of votes on each side of a question, .14 and

  2. may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the District Parliament.

    185 Powers of District Parliaments

    (1) In exercising its legislative power, a District Parliament may—

    (a) consider, pass, amend or reject any Bill before the District Parliament; and (b) initiate or prepare legislation, except money Bills. (2) A District Parliament must provide for mechanisms—

  1. To have one article that deals with the Speaker and Deputy Speakers.

  2. Is there any need to restate the common law position that in the event of an equal number of votes on either side the motion/Bill fails? This gives the person presiding to right (even though only in theory) to remain neutral in the event of an equality of votes, even though in effect he would be saying the motion/Bill should fail.

    (a) to ensure that all District government and administrative organs of state in the District are accountable to it; and (b) to maintain oversight of—

    (i) the exercise of District Government authority in the District, including the implementation of legislation; and (ii) any District organ of state.

    (2) The first District Parliament, must, at its first sitting, appoint a District Attorney and a District Police Commissioner, [4][5] subject to Article (...) of this Constitution.16

    Article 186 Evidence or Information before District Parliaments17

    A District Parliament or any of its committees may—

  1. summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

  2. require any person or District institution to report to it;

  3. compel, in terms of District legislation or the rules of procedure, any person or institution to comply with a summons or requirement in terms of paragraph (a) or(b); and

  4. receive petitions, representations or submissions from any interested persons or institutions.

    Article 187 Internal Arrangements, Proceedings and Procedures of District Parliaments [6]

    (1) A District Parliament may, subject to this Constitution and Federal law— (a) determine and control its internal arrangements, proceedings and procedures; and

    (b) make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

    (2) The rules of procedure of a District Parliament must provide for—

  1. the establishment, composition, powers, functions, procedures and duration of its committees;

  2. the participation in the proceedings of the District Parliament and its committees of minority parties and independent members in a manner consistent with democracy;

  3. proportional financial and administrative assistance to each party and any independent member of Parliament, to enable them to perform their functions in Parliament effectively; and

  4. the recognition of the leader of the largest opposition party in the District Parliament, as the Leader of the Opposition.

Article 188 Privilege[7]

(1) Members of a District Parliament—

  1. have freedom of speech in Parliament and in its committees, subject to its rules of procedure and

  2. are not liable to civil or criminal proceedings, arrest, imprisonment or damages for—

  1. anything that they have said in, produced before or submitted to the District Parliament or any of its committees; or

  2. anything revealed as a result of anything that they have said in, produced before or submitted to the District Parliament or any of its committees. (2) Other privileges and immunities of a District Parliament and its members may be prescribed by Federal or District legislation.

    (3) Salaries, allowances and benefits payable to members of a District Parliament are a direct charge against the District Revenue Fund.

    Article 189 Public Access to and Involvement in District Parliament[8]

    (1) A District Parliament must—

  1. facilitate public involvement in the legislative and other processes of the

    District Parliament and its committees; and

  2. conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken to regulate public access, including access of the media, to the District Parliament and its committees.

    (2) A District Parliament may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

    Article 190 Introduction of Bills

    Only members of the Government of a District or a member of a District

    Parliament may introduce a Bill in the District Parliament; but only the member of the Government who is responsible for financial matters in the District may introduce a money Bill in Parliament.

Article 191 Money Bills

(1) A Bill is a money Bill if it— (a) appropriates money;

  1. imposes District taxes, levies, duties or surcharges;

  2. abolishes or reduces, or grants exemptions from, any District taxes, levies, duties or surcharges; or

  3. authorises direct charges against a District Revenue Fund.

    (2) A money Bill may not deal with any other matter except—

  1. a subordinate matter incidental to the appropriation of money;

  2. the imposition, abolition or reduction of District taxes, levies, duties or surcharges;

  3. the granting of exemption from District taxes, levies, duties or surcharges; or

  4. the authorisation of direct charges against a District Revenue Fund.

    (3) A District Act must provide for a procedure by which the District Parliament may amend a money Bill.

    Article 192 Assent to Bills

  1. The Governor of a District must either assent to or sign a Bill passed by the District Parliament or, if the Governor has reservations about the constitutionality of the Bill, refer it back to Parliament for reconsideration.

  2. If, after reconsideration, a Bill fully accommodates the Governor's reservations, the Governor must assent to and sign the Bill; if not, the Premier must either—

  1. assent to and sign the Bill; or

  2. refer it to the Federal Supreme Court for a decision on its constitutionality.

    (3) If the Federal Supreme Court decides that the Bill is constitutional, the Premier must assent to, and sign it.

    Article 193 Application by Members to the Federal Supreme Court (1) Members of a District Parliament may apply to the Federal Supreme Court for an order declaring that all or part of a District Act is unconstitutional.

    (2) An application—

    (a) must be supported by at least one third of the members of Parliament; and (b) must be made within 30 days of the date on which the Governor assented to and signed the Act.

    (3) The Federal Supreme Court may order that all or part of an Act that is the subject of an application in terms of subsection (1) has no force until the Court has decided the application if—

  1. the interests of justice require this; and

  2. the application has a reasonable prospect of success.

    (4) If an application is unsuccessful, and did not have a reasonable prospect of success, the Federal Supreme Court may order the applicants to pay costs.

Article 194 Publication of District Acts

A Bill assented to and signed by the Governor of a District becomes a District Act, must be published promptly and takes effect when published or on a date determined in terms of the Act.

Article 195 Safekeeping of District Acts

The signed copy of a District Act is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Registrar of Federal Supreme Court for safekeeping.

Article 196 Executive Authorities of Districts

(1) The executive authority of a District is vested in the Governor of that District.

(2) The Governor exercises the executive authority, together with the other members of the District Government, by—

  1. implementing all District and Federal legislation in the District;

  2. developing and implementing District policy;

  3. co-ordinating the functions of the District administration and its departments;

  4. preparing and initiating District legislation; and

  5. performing any other function assigned to the District executive in terms of the Constitution or the law.

Article 197 Assignment of Functions

A member of the District Government may assign any power or function that is to be exercised or performed in terms of an Act of Parliament or a District Act, to a Municipal Council. An assignment—

  1. must be in terms of an agreement between the relevant Executive Council member and the Municipal Council;

  2. must be consistent with the Act in terms of which the relevant power or function is exercised or performed; and

  3. takes effect upon proclamation by the Governor.

    Article 198 Powers and Functions of Governors

    (1) The Governor of a District has the powers and functions entrusted to that office by the Constitution and any legislation. (2) The Governor of a District is responsible for— (a) assenting to and signing Bills;

  1. referring a Bill back to the District Parliament for reconsideration of the Bill's constitutionality;

  2. referring a Bill to the Federal Supreme Court for a decision on the Bill's constitutionality;

  3. summoning Parliament to an extraordinary sitting to conduct special business; and

  4. appointing commissions of inquiry; and

  5. calling a referendum in the District in accordance with Federal or District national legislation.

Article 199 Election of District Governors

(1) Election of District Governors shall be in accordance with Federal Law, which may be supplemented by District law.

(3) An election to fill a vacancy in the office of Governors must be in accordance with Article ( ... ) of this Constitution and must be held at a time and on a date determined by the Speaker of the District Parliament, but not later than 30 days after the vacancy occurs.

Article 200 Assumption of office by Governors

A Governor-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule .

Article 201 Term of office and Removal of Governors

(1) A Governor's term of office begins when the Governor assumes office and ends upon a vacancy occurring or when the person next elected Premier assumes office.

(2) No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term. (3) The District Parliament, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the Premier from office only on the grounds of—

  1. a serious violation of the Constitution or the law;

  2. serious misconduct; or

  3. inability to perform the functions of office.

    202 Acting Governors

    (1) When the Governor is absent or otherwise unable to fulfil the duties of the office of Governor, or during a vacancy in the office of Governor, an office-bearer in the order below acts as the Governor:

  1. A member of the District Government designated by the Governor.

  2. A member of the District Government designated by the other members of the District Government.

  3. The Speaker of the District Parliament, until the District Parliament designates one of its other members.

  1. An Acting District Governor has the responsibilities, powers and functions of the Premier.

  2. Before assuming the responsibilities, powers and functions of the Premier, the Acting Premier must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule...

    Article 203 District Governments[9][10]

  1. The District Government consists of the Governor, as head of the Government, and no fewer than five and no more than ten members appointed by the Premier.

  2. Subject to article 202 (1)      members of the District Parliament cannot be members of the District Government.

    (2) The Governor of a District assigns to the other members of the District Government their powers and functions, and may dismiss them.

    Article 204 Accountability and Responsibilities[11]

  1. The members of the District Government are responsible for the functions assigned to them by the Governor.

  2. Members of the District Government are accountable collectively and individually to the District Parliament for the exercise of their powers and the performance of their functions.

  3. Members of the District Government must— (a) act in accordance with the Constitution; and

    (b) provide the District Parliament with full and regular reports concerning matters under their control.

    Article 205 Continuation of District Governments after Election When an election of a Governor is held, the District Government remains competent to function until the person elected Governor assumes office.

    Article 206 Oath or Affirmation[12]

    Before members of the District Government begin to perform their functions, they must swear or affirm faithfulness to the Federal Republic of Mthwakazi and obedience to the Constitution, in accordance with Schedule...

    Article 207 Conduct of Members of District Governments25

  1. Members of the District Government must act in accordance with a code of ethics prescribed by national legislation.

  2. Members of the District Government may not— (a) undertake any other paid work;

  1. act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

  2. use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

    Article 208 Transfer of Functions

    The Governor may by proclamation transfer to a member of the District Government—

    (a) the administration of any legislation entrusted to another member; or (b) any power or function entrusted by legislation to another member.

    Article 209 Temporary Assignments of Functions

    The Governor of a District may assign to a member of the District Government any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

    Article 210 District Intervention in Local Government

    (1) When a Local Authority —

  1. cannot or does not fulfil an executive obligation in terms of the Constitution or legislation; or

  2. acts in such a manner that is prejudicial to the maintenance of essential national standards; or

  3. fails to meet established minimum standards for the rendering of a service;

    or

  4. takes unreasonable action that is prejudicial to the interests of its residents, another municipality or to the District as a whole; or (e) threatens the economic unity of the District, [13]the relevant District Government may intervene by issuing a directive to the local authority, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations.

    (2) If the Local Authority fails without reasonable cause to act in terms of the directive in terms of Article 1 above, the District Government may, as a measure of last resort -

    (b) assume responsibility for the relevant obligation in that municipality to the extent necessary to—

  1. maintain essential national standards or meet established minimum standards for the rendering of a service;

  2. prevent that Local Authority from taking unreasonable action that is prejudicial to the interests of its residents, another municipality or to the District as a whole; or

  3. maintain economic unity; or

    (3) If a District Government intervenes in a municipality in terms of Section 2 above—

    (a) it must submit a written notice of the intervention to—

    (i) the District Parliament within 14 days after the intervention began;

    (4) the intervention made in terms of Section 2 above must cease if— (i) the District Parliament, by a simple majority, disapproves the intervention within 30 days after the intervention began or by the end of that period has not approved the intervention; or

    (5)An intervention made in terms of Section 2 above must be reviewed regularly by a committee of the District Parliament set up for that purpose and the committee may make any appropriate recommendations to the District Government

    (6) If a Local Authority cannot or does not fulfil an obligation in terms of the Constitution or legislation to approve a budget or any revenue-raising measures necessary to give effect to the budget, the relevant District

    Government must intervene by taking any appropriate steps to ensure that the budget or those revenue raising measures are approved, including approving a temporary budget or revenue-raising measures to provide for the continued functioning of the municipality.

    (10) Federal legislation may regulate the implementation of this Article, including the processes established by this Article.

Article 211 Executive Decisions

(1)A decision by the District Governor must be in writing if it— (a) is taken in terms of legislation; or (b) has legal consequences.

  1. A written decision by the Governor must be countersigned by another member of the District Government if that decision concerns a function assigned to that other member.

  2. Proclamations, regulations and other instruments of subordinate legislation of a District must be accessible to the public.

  3. District Legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be— (a) tabled in the District Parliament; and (b) approved by the District Parliament.

    Article 212 Motions of No Confidence

    If a District Parliament, by a vote supported by a majority of its members, passes a motion of no confidence in the District Government, the Governor and the other members of the District Government must resign.

    Article 213 Judicial Authorities of the Districts

    (1) The Districts have judicial authorities that adjudicate civil and public law matters as well as criminal matters.

    (2) A District High Court shall exercise the jurisdiction that was exercised by those courts that were designated as Regional Magistrates Courts before the coming into force of this Constitution and shall also exercise the entire civil and criminal jurisdiction that was hitherto exercised by the High Court.

    District High Court.

  1. All the courts that were designated as magistrates courts at the time of entry of this Constitution shall be henceforth be known as District Magistrates Courts of each particular District and shall continue to exercise all the jurisdiction that they had hitherto exercised, including all the jurisdiction that was exercised by those courts that were designated as provincial magistrates court and appeals from District magistrates court courts shall lie to the District High Court.

(4)The Districts may establish common judicial authorities.

(5)The District Judiciary shall consist of District Magistrates Courts and the

 (6) All the courts that were designated as regional magistrates' court at the time of entry of this Constitution shall henceforth be known as District High Courts of each particular District and shall exercise the entire civil and criminal jurisdiction that was hitherto exercised by the High Court.

  1. The District High Court shall exercise jurisdiction over all persons within a particular District and appeals from the District High Court shall lie to the Federal High Court.

  2. The District High Court shall further exercise jurisdiction that was, at the time of the coming into force of this Constitution, exercised by the Labour Court and the Administrative Court and may adopt a different set of rules of procedure for dealing with employment and administrative matters. 

  3. Any investigation and prosecution of a criminal offence within the jurisdiction of a District Magistrate Court or a District High Court shall be done by District institutions — the District police and the District prosecutors.

  4. A District law may give District Magistrates Courts and the District High Court additional jurisdiction subject to this Constitution.

  5. The right to prosecute sexual or pornographic offences involving prepubescent children and the penalties for such offences may not be subject to a statute of limitation.

  6. Magistrates, prosecutors and judges in any District shall be persons who are qualified to practice law in the Republic of Mthwakazi.

    Article 214 Judicial Independence

    In their adjudicative activity, District judicial authorities are independent and only subject to the law.

    Part 14 Federal Authorities

    Article 215 Political Participation

  1. All Mthwakazi citizens who have passed the 18th year of age and are not placed under guardianship because of mental illness or weakness are entitled to political rights in Federal matters.

  2. Every citizen entitled to vote is eligible for election to the office of President, the House of Representatives, and the Federal Government.

    Article 216 Incompatibilities

  1. Members of the Federal Parliament and of the Federal Government as well as judges of the Federal Court may not at the same time be members of another of these authorities.

  2. Members of the Federal Government and judges of the Federal Court may not hold another office of the Federation or a District, nor may they exercise another gainful activity.

  3. The Law may provide for other incompatibilities.

    Article 217 Term of Office

    Members of the Federal, the Federal Government and the Federal President are elected for a term of four years. For judges of the Federal Court, the term of office is 12 years.

Article 218 Hearings and Consultations

The Districts, the political parties, and the interested parties are heard in the course of the preparation of important regulations and other projects of substantial impact, and on important international treaties.

Article 219 Status of Federal Parliament

(1) The Federal Parliament exercises the highest authority in the Federation.

(2) Members of the Federal Parliament are to be elected in general, direct, free, equal and secret elections. They are representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience.

(5) Any person who has attained the age of eighteen is entitled to vote for members of the Federal Parliament; and any person who has attained the age of majority may be elected as member of the Federal Parliament.

  1. The Federal Parliament shall consist of ... directly elected members, four from each District.

  2. The division of each District into four constituencies shall be provided in Federal Legislation.

    Article 220: Term of office and Convening of Elections

  1. Save the following provisions, the Federal Parliament shall be elected for four years. Its term shall end when a new Federal Parliament convenes. New elections shall be held no sooner than forty-six months and no later than forty-eight months after the electoral term begins. If the Federal Parliament is dissolved, new elections shall be held within sixty days.

  2. The Federal Parliament shall convene no later than the thirtieth day after the elections.

  3. The Federal Parliament determines when its sessions shall be adjourned and resumed. The Speaker of the Federal Parliament may convene it at an earlier date. He/She shall be obliged to do so if one third of the Members or the Federal President so demand.

    Article 221 Speaker of the Federal Parliament

  1. The Federal Parliament elects its Speaker, Deputy Speakers and secretaries; and it adopts its rules of procedure.

  2. The Speaker is responsible for all the property and security in the Federal Parliament building. No search or seizure may take place on the premises of the Federal Parliament without his or her permission.

Article 222: Sittings and Decisions

  1. Sittings of the Federal Parliament are public; but any its committees may, if two thirds of the Federal Parliament so decide sit in camera.

  2. Decisions of the House of Representatives require a majority of the votes cast unless this Constitution otherwise provides. The rules of procedure may permit exceptions with respect to elections to be conducted by the Federal Parliament.

  3. Truthful reports of public sittings of the Federal Parliament and of its committees shall not give rise to any liability.

Article 223 Right to Require Presence, Right of access and the Right to be heard

(1) The Federal Parliament and its committees may require the presence of any member of the Federal Government.

(2)The members of the Federal Parliament and of the Federal Government as well as their representatives may attend all sittings of the Federal Parliament and meetings of its committees. They have the right to be heard at any time.

Article 224 Committees of Inquiry

  1. The Federal Parliament has the right, and on the motion of one quarter of its Members the duty, to establish a committee of inquiry, which shall take the requisite evidence at public hearings. The public may be excluded.

  2. The rules of criminal procedure shall apply mutatis mutandis to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.

  3. Courts and administrative authorities shall be required to provide legal and administrative assistance.

  4. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation undertaken by a commission of inquiry.

    Article 225 Committee on the Affairs Southern African Development

    Community and the African Union

    The Federal Parliament shall appoint a Committee on the Affairs of the Southern African Development Community and the African Union as long as these regional organisations exist and notwithstanding the fact that the Federal Republic of Mthwakazi may not be a member of one or both of them.

    Article 226 Committees on Foreign Affairs and Defence

    (1) The Federal Parliament shall appoint a Committee on Foreign Affairs and a Defence Committee.

    (3) Paragraph (1) of Article 224 shall not apply to operational or strategic defence matters.

    Article 227: Parliamentary Commissioner for the Armed Forces

    A Parliamentary Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Federal Parliament in exercising parliamentary oversight over the Armed Forces. Details shall be regulated by a federal law.

    Article 228 Petitions Committee

    (1) The Federal Parliament shall appoint a Petitions Committee to deal with requests and complaints addressed to the Federal Parliament. The powers of the Committee to consider complaints shall be regulated by a federal law.

    Article 229 Intelligence Committee

    (1) The Federal Parliament shall appoint a panel to scrutinise the intelligence activities of the Federation.

    (2) Details shall be regulated by a federal law.

    Article 230 Immunities of Members

  1. At no time may a Member of the Federal Parliament be subjected to court proceedings or disciplinary action or otherwise called to account outside the Federal Parliament for a vote cast or for any speech or debate in the Federal Parliament or in any of its committees. This provision shall not apply to defamatory insults.

  2. A Member may not be called to account or arrested for a punishable offence without permission of the Federal Parliament, unless he is apprehended while committing the offence or in the course of the following day.

  3. The permission of the Federal Parliament shall also be required for any other restriction of a Member's freedom of the person or for the initiation of proceedings against a Member.

  4. Any criminal proceedings against a Member and any detention or other restriction of the freedom of his person shall be suspended at the demand of the House of Representatives.

Article 231 Right of Refusal to Give Evidence

Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of the Federal Parliament, or to whom they have confided information in this capacity, as well as evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.

Article 232 Protection of Membership and Remuneration

  1. Every candidate for election to the Federal Parliament shall be entitled to the leave necessary for his election campaign.

  2. No one may be prevented from accepting or exercising the office of Member of the Federal Parliament. No one may be given notice of dismissal or discharged from employment on this ground.

  3. Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.

    Article 233 Presidency

    The Federal Parliament elects from its midst for a non-renewable term of four years a President as well as the first Vice President, and the second Vice President.

    Article 234 Parliamentary Commissions

  1. The Federal Parliament appoints commissions from its midst.

  2. The law may delegate certain powers that are not of legislative nature to commissions.

  3. For the fulfilment of their tasks, the commissions are entitled to the right of information, to the right of consulting documents and to conduct inquiries. Their procedures and the extent of their powers are regulated by law.

    Article 235 Parliamentary Groups

    The members of the Federal Parliament may form parliamentary groups.

    Article 236 Parliamentary Services

    The Federal Parliament has parliamentary services. It may request the

    Federal Administration to provide such services. The law regulates the details.

    Article 237 Bills

  1. Bills may be introduced in the Federal Parliament by the Federal Government, or from the floor of the Federal Parliament.

  2. The procedures of parliament shall be set out in a federal law and in the rules of the federal Parliament.

    Article 238 Meetings to be Public

    The meetings of the Federal Parliament are public. The law may provide for exceptions.

    Article 239 Quorum and Majority

  1. The Federal Parliament may deliberate validly if the majority of its members are present.

  2. The Federal Parliament's decisions are taken by the majority of those voting.

  3. The approval of the majority of the members of the Federal Parliament is however required for:

  1. adoption of the budget; and

  2. the increase of total expenditure in the case of extraordinary financial need according to Article.

    Article 240 Right to Initiatives and Motions[14]

  1. Every member of the Federal Parliament, every parliamentary group, every parliamentary commission, and every District, has the right to submit initiatives to the Federal Parliament.

  2. The members of the Federal Parliament and of the Federal Government have the right to introduce motions concerning an affair under deliberation.

    Article 241 Prohibition of Instructed Mandates

  1. The members of the Federal Parliament vote without instructions.

  2. They reveal their links with interest groups.

    Article 242 Immunity

  1. Members of the Federal Parliament and the Federal Government may not be held legally responsible for their statements in the Federal Parliament and before its organs.

  2. The law may provide for further forms of immunity, and extend them to other persons.

    Article 243 Form of Laws and Decrees by the Federal Parliament (1) The Federal Parliament enacts legislative provisions in the form of a Federal Statute.

    (2) Legislation powers may be delegated by Federal Statute insofar it is not excluded by the Constitution.

    Article 244 Foreign Relations and International Treaties

  1. The Federal Parliament participates in shaping foreign policy, and supervises foreign relations.

  2. The Federal Parliament ratifies international treaties.

    Article 245 Finances

    The Federal Parliament decides on federal spending, adopts the estimated budget, and approves the budget review.

    Article 246 Appointments of Federal Officials

    The law may empower the Federal Parliament to confirm appointments to Federal office.

Article 247 Supervision

(1) The Federal Parliament exercises the supervision over the Federal Government, the Federal Administration, and the other organs entrusted with tasks of the Federation.

Article 248 Mandates to the Federal Government

The Federal Parliament may confer mandates to the Federal Government.

The law regulates the details, particularly the instruments, with which the Federal Parliament may affect the scope of competencies of the Federal Government.

Article 249 Relations between the Federation and the Districts

The Federal Parliament maintains the relations between the Federation and the Districts.

Article 250 Further Tasks and Powers

(1) The Federal Parliament has further the following tasks and powers: (a) It takes measures to safeguard the external security, and the independence of Mthwakazi.

(b) It takes measures to safeguard the inner security of Mthwakazi; and (c) It decides on petitions for pardon and declares amnesties.

(2) The Law may assign further tasks to the Federal Parliament.

Article 251 Federal Government

The Federal Government is the highest governing and executive authority of the Federation.

Article 252 Composition

  1. The Federal Government consists of no more than 12 members, including the Federal President.

  2. The Federal President chooses qualified women and men to serve with him in the Federal Government, including the Deputy President.

  3. Where a person is chosen by the Federal President to serve in the Federal Government, and such person is a member of the Federal Parliament, such person shall immediately vacate their membership of the Federal Parliament.

  4. In choosing the Members of the Federal Government the President shall consider the adequate representation of all the linguistic communities and the Districts.

  5. Members of the Federal Government shall be chosen for their skills, dedication to public service, respect for human rights and personal integrity.

  6. No person, except the Federal President, shall serve in the Federal Government unless they receive the consent of half of the members of the Federal Parliament.

    Article 253 Presidency

  1. The Federal President chairs the Federal Government.

  2. In the event of the absence or incapacitation of the Federal President, the Deputy President chairs the Federal Government; and in his or her absence or incapacitation, the remaining members of the Federal Government shall elect one among themselves to chair the Federal Government.

    Article 254 Collective Authority

    The Federal Government takes its decisions as a collective body.

    Article 255 Division into Departments

    (1) The Federal Administration is divided into Departments

    (2) For the preparation and the execution, the affairs of the Federal

    Government are distributed among its members according to Departments; and each Department is directed by one member of the Federal Government.

    Article 256 Federal Administration

    (1) The Federal Government directs the Federal Administration. It provides for an effective organisation and goal-oriented fulfilment of the tasks.

    (3) The law may delegate administrative tasks to organisations and persons of public or private law outside the Federal Administration.

    Article 257 Government Policy

    (1) The Federal Government determines the goals and the means of its government policy. It plans and coordinates the activities of the state. (2) The Federal Government informs the public timely and fully of its activity, unless predominant public or private interests oppose to this.

    Article 258 Initiative

    The Federal Government submits to the Federal Parliament drafts of its legislation.

    Article 259 Legislation and Implementation

    (1) The Federal Government issues legislative provisions in the form of ordinances; insofar it is empowered by the constitution or the law to do so. (2) The Federal Parliament may, in an Act of Parliament, delegate power to make ordinances to the Federal Government within the scope of and for the purposes laid out in that Act.

  1. The Federal Parliament's primary law-making power must not be delegated.

  2. Ordinances must not infringe or limit any of the rights and freedoms set out in this Constitution

    (5)The Act referred to in paragraph 2 above must specify the limits of the power, the nature and scope of the ordinance that may be made, and the principles and standards applicable to the ordinance.

  1. Ordinances do not have the force of law unless they have been published in the Federal Gazette.

  2. The Federal Government provides for the enforcement of legislation and of judgments of judiciary authorities of the Federation.

    Article 260 Finances

  1. The Federal Government elaborates the financing plan, drafts the estimated budget and establishes the federal accounts.

  2. The Federal Government provides for orderly financial management.

Article 261 Foreign Relations

(1) The Federal Government it represents Mthwakazi abroad.

  1. The Federal Government signs international treaties and submits them to the Federal Parliament for approval and ratification.

  2. When the interests of the country so require, the Federal Government may issue ordinances. Ordinances have to be limited in time.

    Article 262 External and Internal Security

    (1) The Federal Government takes measures to safeguard the external security and the independence of Mthwakazi.

  1. The Federal Government takes measures to safeguard the internal security of Mthwakazi.

  2. The Federal Government may, directly based on this article, issue ordinances to meet existing or imminent great disturbance of the public order, the external or the inner security. Such ordinances have to be limited in time. (4) In urgent cases, the Federal Government may mobilize troops. If it mobilizes more than 2000 members of the Armed Forces for active duty, or if the this mission is expected to last more than three weeks, the Federal Parliament has to be convened immediately to debate and authorise such deployment.

    Article 263 Relations between the Federation and the Districts

    (1) The Federal Government maintains the relations between the Federation and the Districts, and collaborates with the Districts.

  1. The Federal Government approves District legislation where the implementation of federal law requires so.

  2. The Federal Government may raise objections against treaties among the Districts, or between Districts and foreign countries.

  3. The Federal Government provides for the adherence of federal law, and treaties of the Districts, and takes the necessary measures.

    Article 264 Further Tasks and Powers

  1. The Federal Government has further the following tasks and powers: It supervises the Federal Administration and other organs entrusted with tasks of the Federation.

  2. The Federal Government reports regularly to the Federal Parliament of its activity and on the state of the county.

  3. The Federal Government carries out activities that are not allocated to another authority.

  4. The law may attribute further tasks and powers to the Federal Government.

    Article 265 The Federal High Court

    (1) The Federal High Court adjudicates disputes regarding:

  1. federal law;

  2. public international law;

  3. inter-district law;

  4. District constitutional rights;

  5. Federal and District law regarding political rights.

  1. The Court adjudicates disputes between the Federation and Districts and between Districts.

  2. The Federal High Court shall have exclusive original criminal jurisdiction over murder, sexual violence offences and other crimes as may be determined by the Federal Parliament.

  3. The law may provide for additional jurisdiction of the Federal High Court.

  4. The law defines the organization and procedure.

    (6) The Federal High Court administers itself.

    Article 266 Law to be applied by the Federal High Court

    This Constitution, Federal Statute and public international law are authoritative for the Federal Court and other law-applying authorities.

    Article 267 Access to the Federal Court

    (1) The law provides for access to the Federal Court.

  1. Regarding disputes that do not concern judicial questions of fundamental importance, the law may specify a threshold value.

  2. For specific areas of law the law may exclude access to the Federal Court.

    Article 268 Federal Supreme Court

    (1)The Federal Supreme Court is the highest judicial authority of the Federal Republic of Mthwakazi.

    (2) Appeals from the Federal High Court lie to the Federal Supreme Court.

  1. The law may provide for additional jurisdiction of the Federal High Court.

  2. The law defines the organization and procedure.

    (3) The Federal High Court administers itself.

    Article 269 Access to the Federal Supreme Court The law provides for access to the Federal Court.

    Article 270 Further Judicial Authorities of the Federation

    (1) Federal law may provide for the appointment of judicial authorities to adjudicate public law disputes within the competencies of federal administration.

    (2) The law may provide for further judicial authorities of the Federation.

    Article 271 Judicial Independence

    In their adjudicative activity, Federal judicial authorities are independent and only subject to the law.

    Part 15 Amendment of the Federal Constitution and Temporal Provisions

    Article 272 Wholesale Amendment[15]

  1. A wholesale amendment of this Constitution may be proposed by the people or by the Federal Parliament and may be passed by a two-thirds majority of the Federal Parliament.

  2. The wholesale amendment may not violate the mandatory provision of public international law.

    Article 273 Partial Amendment

  1. A partial amendment of this Constitution may be requested by the People, or by the Federal Parliament and may be passed by a two-thirds majority of the Federal Parliament.

  2. The partial amendment may not violate the mandatory provision of public international law.

    Article 274 Entry into Force[16]

    The Constitution revised in total or in part enters into force by the time it is accepted by the People and the Districts.

First Schedule

National Anthem

Oh you beautiful land of Mthwakazi Everything bout you is so divine and so majestic. We are unstoppable in our diversity United by a common desire for peace and prosperity

We shall continue marching forward Beating the drums of peace and prosperity

All of us united we shall march forward

Let every citizen and sojourner enjoy peace and prosperity

Now that we have arisen, we are unstoppable

God be with us and guide us

God be with us and bless us

As we march forward for peace and prosperity



[1] Repetition?

[2] There is need for a provision on the right of initiation of a money Bill to be reserved only for the District Minister of Finance.

[3] There should be a provision on Acting District Governor and the election of a new District Governor. If s/he represented a political party, use the current provisions of the Constitution of Zimbabwe. If s/he was an independent, to call for an election unless the vacancy arises too close to the end of his/her term of office (18 months) in which case a District Parliament should elect one of their own as District Governor for he reminder of the term of office of the Governor.

[4] There is need to improve and relocate this provision to somewhere more appropriate.

[5] Insert the provision that says all District positions should be filled by people from that District. Make sure there is no repetition here. If there is: combine, relocate and improve.

[6] There is need to avoid repetition. Combine with similar provisions elsewhere and improve.

[7] Combine with similar provisions and improve.

[8] Combine with similar provisions and improve.

[9] This Article (and similar ones below it) should, in terms of wording and functions, be similar to the one on Federal Government, including the title.

[10] This is the article that deals with an Acting Governor.

[11] Import the provision on dividing the Government into departments from the section dealing with Federal Government.

[12] Harmonise wording with similar provisions elsewhere.

This provision should also appear in the Article dealing with the members of the Federal Government.

[13] Improve drafting flow here.

[14] There is need for a provision on the right of initiation of a money Bill —to be reserved only for the Federal Minister of Finance. Copy from the relevant article in the part dealing with District Parliaments.

[15] This article needs improvement.

[16] This article needs improvement to include, first, agreement by a majority all Districts Parliaments and finally, a referendum.


- Source: MLF, published by umthwakazireview.com

Comments

Latest News

Gukurahundi Genocide and RSA: Dr Ngwenya
Presentation made by Dr Blessed Sitshela Ngwenya at the 1893 Mthwa...
Moses Mzila Ndlovu jets in for the Matebeleland Gukurahundi Genocide C
The 1893 Mthwakazi Human Rights Restoration Movement (1893 MHRRM...
Appeal to flood Tredgold Court Number 2 tomorrow
A plea to all Mthwakazi people to come to  Tredgold Court Num...
A witness narrative to brutal arrests of Matebele Genocide Testifiers
Yesterday I had a very moving moment at the Kgalema Montlante Comm...
1893 MHRRM condemns Zim Government and Motlante Commission for Genocid
Fellow Matebeleland nationals and friends of Matebeleland, the...

Polls

What is the greatest threat to Mthwakazi nation

73%
4%
6%
15%
1893 MHRRM Student Wing prepares for a Genocide Conference in RSA
1893 MHRRM Student Wing prepares for a Matebeleland Genocide Conferenc...
1893 MHRRM invites public to attend Genocide Conference in numbers
For Immediate Press Release Date: 23rd October 2018The 1893 M...
Moses Mzila Ndlovu urges big attendance to the UK Matebele Genocide Co
Last week the 1893 Mthwakazi (Matebeleland) Human Rights ...
Restoration Roaders: Finding Our Way Out of an ideological Maze
Some time ago, writing as a columnist for umthwakazireview.com title...
Genocidist Mnangagwa's UN hypocrisy: MLO
MLO was shocked but not surprised to see genocidist Emmerson Mna...
Siwela and MLO up the Restoration Ante on Mnangagwa
18th  September , 2018Open Letter to The President of Zimba...
A Negotiated Settlement between Mthwakazi and Zimbabwe
Good morning Mthwakazi omuhle ondlela zimhlophe. This morning I am...
MLF changes tune on Kingship, adopts Republicanism
Good morning baka Mthwakazi ondlela zimhlophe. This morning it is ...
Mzilikazi II invites Mthwakazi to Batlokwa Royal Kingdom Celebrations
KING MZILIKAZI II INVITES MTHWAKAZI TO CELEBRATIONS HOSTED BY BATL...
Honouring A Great Mthwakazi Thinker and Philosopher
MLF: HONOURING A GREAT MTHWAKAZI THINKER AND PHILOSOPHER, THE LA...
The RSA Sunday Times on uLoyiko Gukurahundi Play
A topical twist to an old massacreSunday Times5 Aug 2018By TELFORD V...
1893 MHRRM steps up its preparations for Genocide Conference
For Immediate Press ReleaseThe 1893 MHRRM is stepping up and kic...
An inherited crisis of imagination: Colonially constructed Zimbabwe
An inherited crisis of imagination: A Long Essay concerning the un...
1893 MHRRM condemns state sanctioned public executions
For Immediate Press ReleaseThe 1893 MHRRM condemns unreservedly an...
1893 MHRRM-UK's countdown to Zim Embassy Demo on the 28th July
As the countdown to Zimbabwean Coup elections begins in earnest th...
1893 MHRRM steps up its Matebele Gukurahundi Genocide Demos
The 1893 MHRRM-UK Chapter is stepping up its Demos in the United...
1893 MHRRM calls for a UK Demo on the 28th July 2018
The 1893 Mthwakazi Human Rights Restoration Movement's (1893 MHRRM...
MLF's Petition on Mthwakazi
PETITION THE RE...
1893 MHRRM condemns state and Zanu PF's terrorism in Matebeleland
As 1893 MHRRM, we take this opportunity to condemn the bomb...
MLF President addresses Scholars
This morning (27.06.2018) I will take you through the Open Se...
MLF's Communique of Information and Publicity Dept
Ours is not politics of propaganda but a revolution, a total chang...
The history of the Fengu Community: Matebeleland
Extracted from the: The Dyke 2013 by Ncube G. T.One of the most ...
The storm the Ndebele King created
EARNEST Ncube came to Bulawayo on the 12th of September 2017...
Big mouth Matemadanda must zip it: Names have no crimes
Big mouth war veterans Secretary General, Victor Matamatanda's med...
Mthwakazi Youth: The Road Map To Restoration
The Africans in the continent and others in the diaspora are celeb...
12 ZIPRA men's Star and Movie-like Battle: Hardened Fighters
 FOR 88-year-old Mrs Bhikhayeli Moyo (nee Dube), reliving the...
MLO's demands for the Matebele "Gukurahundi" Genocide
The abuse of God's name and the bible by dirty politicians and fak...
Africa Day: What does it mean to you?
A WORD FROM MLF PRESIDENT: DR C.M.GUDUZAAFRICA DAY!!! What does ...
1893 MHRRM strongly condemns ill-treatment of Nkosazana Khuphe
The 1893 Mthwakazi Human Rights Restoration Movement (1893 MHRRM) ...
I am not self appointed: HRM King Mzilikazi II
HRM King Mzilikazi II, Stanley Raphael  Khumalo has dismissed...