ANNEX C
SUMMARY OF THE INDEPENDENCE CONSTITUTION
A.THE STATE
1. Zimbabwe will be a sovereign Republic.
2. There will be a Public Seal of Zimbabwe
which will be kept by the President.
3. The Constitution will be the supreme law of
the Republic and will prevail over any other
law to the extent that such other law is
inconsistent with it.
B. CITIZENSHIP
1. Every person who was a citizen of Rhodesia
immediately before Independence
will automatically become a citizen of Zimbabwe
on Independence (by birth, descent or
registration, as the case may be, according to
his former status). Every person who,
immediately before Independence, possessed such
qualifications that the relevant authority
would, upon application duly made, have
registered him as a citizen of Rhodesia, will
be entitled to make application in the
prescribed manner at any time during the first
five years after Independence and it will be
incumbent upon the competent authority to grant
that application and cause him to be registered
as a citizen of Zimbabwe.
2. Every person who is born in Zimbabwe after
Independence (other than the child of a
diplomat accredited to Zimbabwe, of an enemy
alien, of a person unlawfully in Zimbabwe or of
a non-citizen not ordinarily resident in
Zimbabwe) will become a citizen of Zimbabwe by
birth. Every person who is born outside
Zimbabwe after Independence will become a
citizen of Zimbabwe by birth if at the time of
his birth his father (or if he is illegitmate,
his mother) is a citizen of Zimbabwe but
resident outside Zimbabwe in the service of the
Government and his birth is registered in
Zimbabwe.
3. Every person who is born outside Zimbabwe
after Independence but whose father (or, if he
is illegitimate, whose mother) is then a
citizen of Zimbabwe by birth or registration
will himself become a citizen of Zimbabwe by
descent.
4. Any woman who is or has been married to a
person who is or was at any time during the
subsistence of the marriage a citizen of
Zimbabwe (or would but for his death have
automatically become a citizen of Zimbabwe at
Independence) will, on making application in the prescribed
manner, be entitled to be registered as a
citizen of Zimbabwe.
5. Any person one of whose parents is a citizen
of Zimbabwe at the date of his application will
be entitled, on making application in the
prescribed manner, to be registered as a
citizen of Zimbabwe. If the person is a minor,
the application may be made on his behalf by his parent or
guardian. Provision will be made for adopted
children.
6. Parliament will be empowered to make
provision:-
a. for conferring citizenship of
Zimbabwe by registration on persons in cases
other than those described above;
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b. for taking away the citizenship of a
person who has acquired it otherwise than by
birth or descent, provided that the loss of his
citizenship will not render him stateless;
c. for the renunciation by any person of his
citizenship of Zimbabwe; and
d. for regulating the procedure relating to
the acquisition and loss of citizenship
of Zimbabwe.
7. Provision will be included which permits
citizens of Zimbabwe to retain their
citizenship of other states.
8. Provision will be made on Independence
for the resumption of citizenship by persons
who have forfeited it or been deprived of it
since 11 November 1965.
C. DECLARATION OF RIGHTS
1. The Declaration of Rights will set out
provisions on the following lines dealing with
the substantive rights concerned.
I. The Right to Life
1. It will be forbidden to deprive any person
intentionally of his life save in execution of
the lawful sentence of a court after conviction
of a criminal offence.
2. There will be an express exception for
death caused by reasonably justifiable force in
defence of person or property; or in order to
effect a lawful arrest or to prevent the escape
of a person in lawful custody; or to suppress
riots etc; or to prevent the commission of a
criminal offence; and there will also be an
exception for death caused by lawful act of
war.
II. The Right to Personal Liberty
1. It will be forbidden to deprive any person
of his personal liberty except as authorised by
law in any of the following cases:-
a.conviction on a criminal charge or
unfitness to plead to such a charge;
b.by order of a court or Parliament for
contempt;
c.by order of a court to secure the
fulfilment of any legal obligations;
d. to bring the person concerned before a
court or Parliament in execution
of the order of a court or Parliament;
e. on reasonable suspicion of that
person's commission or threatened commission of
a criminal offence;
f. for the purpose of the
education or welfare of a minor;
g. to prevent the spread of
disease;
h. for the management of persons of
unsound mind, drug addicts, alcoholics or
vagrants in the interests of their own welfare
or the protection of the community;
i. in connection with immigration
control, extradition and deportation.
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2. Any arrested or detained person will be
entitled to be informed of the grounds upon
which he is being held and to obtain and
instruct a lawyer of his own choice. When the
arrest or detention is for the purpose of
bringing him before a court or is connected
with his being suspected of a criminal offence,
he will be entitled to be brought before a
court without undue delay and, if not tried
within a reasonable time, to be released on
bail, subject only to reasonable conditions.
Any person wrongfully arrested or detained will
be entitled to compensation (although a public
officer acting reasonably and in good faith
will be protected from liability).
III. Freedom from Slavery and Forced Labour
1. It will be forbidden to hold any person
in slavery or to exact forced labour.
2. The term "forced labour" will not include
labour required in consequence of a sentence or
order of a court; labour which a person in
lawful custody may have to perform in the
interests of hygiene, etc; labour required of a
member of a military or similar force or in
lieu of military service; or labour required
during a public emergency where the requirement
is reasonably justified for dealing with the
emergency.
IV. Freedom from Torture and Inhuman Treatment
1. It will be forbidden to inflict torture or
inhuman or degrading punishment or treatment on
any person.
2. Provision will be made that treatment which
is reasonably justifiable to prevent the escape
from custody of a person lawfully detained
should not be regarded as degrading.
V. Freedom from Deprivation of Property
1. Every person will be protected from having
his property compulsorily acquired except when
the acquisition is in the interests of defence,
public safety, public order, public morality,
public health, town and country planning, the
development or utilisation of that or other
property in such a manner as to promote the
public benefit or, in the case of under-
utilised land, settlement of land for
agricultural purposes. When property is wanted
for one of these purposes, its acquisition will
be lawful only on condition that the law
provides for the prompt payment of adequate
compensation and, where the acquisition is
contested, that a court order is obtained. A
person whose property is so acquired will be
guaranteed the right of access to the High
Court to determine the amount of compensation.
2. Exception will be made for the taking of
possession of property during a period of
public emergency.
3. Compensation paid in respect of loss of land
to anyone who is a citizen of or ordinarily
resident in Zimbabwe (or to a company the
majority of whose shareholders are such
persons) will, within a reasonable time, be
remittable to any country outside Zimbabwe,
free from any deduction, tax or charge in
respect of its remission, but subject always to-
a. its attachment, by order of a court, in
connection with civil proceedings; and
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b. reasonable restrictions as to the manner
in which the payment is to be remitted.
4. The Constitution will, on the same basis as
in other Declarations of Rights, make clear
that a number of transactions which might be
considered to involve an element of compulsory
acquisition will not be so regarded for the
purposes of the Declaration of Rights.
5. It will be made clear, for the avoidance of
doubt, that the property covered by this
constitutional guarantee includes rights,
whether vested or contingent, of individuals to
receive benefits under a law, contract or
scheme relating to the payment of pension
benefits.
VI. Protection for Privacy of Home and Other Property
1. It will be forbidden, except with the
consent of the person concerned, to subject
anybody to the search of his person or property
or to entry on his premises.
2. There will however be an exception for any
law (and for any measures taken under it) which
makes reasonable provision in the interests of
defence, public safety, public order, public
morality, public health, or town and country
planning or which makes reasonable provision to
protect the rights and freedoms
of others; or which authorises entry on a
person's premises by a local government
authority or of a public corporation in
connection with any tax, etc, or in order to
carry out work connected with any property,
situated on those premises, that belongs to
that local government authority or body
corporate; or which authorises entry or search
in pursuance of a court order for the purpose
of enforcing the judgement or order of a court
in any proceedings. Any such law (and the
measures taken under it) will be tested against
the criterion of what would be reasonably
justifiable in a democratic society.
VII. The Right to Protection of the Law
1. Any person charged with a criminal offence
will be entitled to a fair hearing within a
reasonable time by an independent and impartial
court. In connection with that hearing he will
have the following specific rights:
a. to be presumed innocent until proved
guilty;
b. to be properly informed of what he is
accused of;
c. to be given adequate time and facilities
to prepare his defence;
d. to be permitted to defend himself either
in person or, at his own expense, by a legal
representative whom he has chosen;
e. to be able both to examine the witnesses
for the prosecution and to call and examine
his own witnesses on an equal footing with
the prosecution witnesses;
f. to refuse to give evidence himself (but
without prejudice to the court's ability to
draw inference from that refusal);
g. to have an interpreter if he cannot
understand the language used at the trial;
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h. to be present throughout the trial
unless his own conduct renders this
impracticable and the court has therefore
ordered his removal; and
1. to obtain a copy of any official record
of the proceedings.
2. It will be forbidden to create criminal
offences with retrospective effect or to
provide for increased penalties with
retrospective effect.
3. Except on the order of a superior court as
a result of appeal or review proceedings, it
will be forbidden to put a person on trial for
a criminal offence for which he has already
been tried or for which he has stood in
jeopardy of conviction at an earlier trial or
for which he has been pardoned.
4. Any court or other tribunal which is
legally empowered to determine whether a
person has a legal right or obligation or the
extent of any such right or obligation will
have to be established or recognised by law
and to be independent and impartial; and any
suit brought before any court or tribunal to
obtain such a determination will have to be
given a fair hearing within a reasonable time.
5. All proceedings in any court or tribunal,
including the announcement of the decision,
will, unless the parties agree otherwise, have
to be held in public, subject to the right of
the court or tribunal to exclude anybody other
than the parties and their legal
representatives-
a. when publicity would prejudice the
interests of justice;
b. in interlocutory proceedings or
proceedings preliminary to trial;
c. in the interests of defence, public
safety, public order, public morality, the
welfare of minors or the protection of the
private lives of persons concerned
in the proceedings; or
d. when a Minister certifies that the
disclosure of certain information will not be
in the public interest.
VIII. Freedom of Conscience
1. It will be forbidden, except with the
consent of the person concerned, to interfere
with anybody's freedom of conscience. This
freedom will be defined as including freedom
of thought and of religion, freedom to change
one's religion or belief, and freedom, either
alone or in community with others, and both in
public and in private, to manifest and
propagate one's religion or belief in worship,
teaching, practice and observance.
2. It will be forbidden to prevent any
religious community from providing religious
instruction for members of that community in
the course of any education which it provides.
3. It will also be forbidden, except with the
consent of the person concerned or his
guardian, to require any person attending a
place of education to receive religious
instruction, or to take part in a religious
observance, except when it relates to his own
religion.
4. It will be forbidden to require anybody to
take an oath which is contrary to his religion
or belief or to take an oath in a manner which
is contrary to his religion or belief.
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5. There will be an exception to the foregoing
for any law (or for any measures taken under
it) which makes reasonable provision in the
interests of defence, public safety, public
order, public morality or public health; or
which makes reasonable provision for the
purpose of protecting the rights and freedoms
of others, including their freedom from
unsolicited interference by persons of other
religions or beliefs. Any such law (and the
measures taken under it) will be tested
against the criterion of what would be
reasonably justifiable in a
democratic society.
IX. Freedom of Expression
1. It will be forbidden, except with the
consent of the person concerned, to interfere
with anybody's freedom of expression. This
freedom will be defined as including freedom to
hold opinions without interference, freedom to
receive ideas and information without
interference, freedom to communicate ideas and
information without interference and freedom
from interference with one's correspondence.
2. It will be forbidden to prevent any person
or group from establishing a school, or to
prevent any person from sending a child to the
school of his choice.
3. There will, however, be an exception for any
law (and for any measures taken under it) which
makes reasonable provision in the interests of
defence, public safety, public order, public
morality or public health, or which makes
reasonable provision to protect the
reputations, rights and freedoms of others or
the private lives of persons concerned in legal
proceedings, to prevent breach of confidence,
to maintain the authority and independence of
the courts or to regulate the administration or
technical operation of telephones, telegraphs,
posts, wireless broadcasting or television or
to prevent the unlawful dispatch with
correspondence of other matter; or which
imposes restrictions on public officers. Any
such law (and the measures taken under it) will
be tested against the criterion of what would
be reasonably justifiable in a democratic
society.
X. Freedom of Assembly and Association
1. It will be forbidden, except with the
consent of the person concerned, to interefere
with anybody's freedom of assembly and
association. This freedom will be defined as
the right of every person to assemble freely
and associate with others and in particular to
form or belong to political parties or to trade
unions or other associations for the protection
of his interests.
2. There will, however, be an exception for any
law (and for any measures taken under it) which
makes reasonable provision in the interests of
defence, public safety, public order, public
morality or public health; or which makes
reasonable provision to protect the rights and
freedoms of others; or which imposes
restrictions on public officers. Any such law
(and the measures taken under it) will be
tested against the criterion of what would be
reasonably justifiable in a democratic society.
XI. Freedom of Movement
1. It will be forbidden to interfere with
anybody's freedom of movement. This freedom
will be defined as the right to move freely
throughout Zimbabwe,
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the right to reside in any part of Zimbabwe,
the right to enter Zimbabwe, the right to
leave Zimbabwe and immunity from expulsion
from Zimbabwe.
2. There will, however, be an exception for
any law (and for any measures taken under it)-
a. which imposes reasonable restrictions on
the movement within Zimbabwe of persons
generally or any class of persons, or on their
right to leave Zimbabwe, in the interests of
defence, public safety, public order, public
morality or public health;
b. which imposes reasonable restrictions on
the acquisition or use of land;
c. which authorises a court to impose
restrictions on any person's movement or
residence within Zimbabwe or on his right to
leave Zimbabwe, in consequence of his criminal
conviction or to ensure his appearance before a
court to stand trial for a criminal offence or
to give evidence in criminal proceedings or to
answer extradition or deportation proceedings;
d. which imposes restrictions on the
freedom of movement of anybody who is not a
citizen of nor permanently resident in
Zimbabwe;
e. which authorises the extradition of a
person from Zimbabwe in respect of a criminal
offence or his removal to some other country to
serve his sentence for such an offence;
f. which imposes restrictions, in order to
secure the fulfilment of any person's legal
obligations, on his right to leave Zimbabwe; or
g. which imposes, for the protection of
tribespeople, restrictions on residence within
Tribal Trust Land for those who are not
tribespeople.
In all these cases, save the restrictions
relating to Tribal Trust Land, any such law
(and any measures taken under it) will be
tested against the criterion of what would be
reasonably justifiable in a democratic society.
XII. Protection from Discrimination
1. It will be forbidden for any law to contain
a provision which is discriminatory
either of itself or in its effect or for any
person who is exercising statutory powers or
acting in the performance of the functions of
any public office or public authority to treat
anybody in a discriminatory manner. A law or an
executive action of this kind will be regarded
as discriminatory if it affords special
advantages or imposes special disabilities upon
persons by reason wholly or mainly of their
race, tribe, place of origin, political
opinions, colour or creed.
2. There will be an exception to the foregoing
for any law (or for any measures taken under it
which are authorised by it expressly or by
necessary implication)-
a. which places certain restrictions on
persons who are neither citizens nor permanent
residents of Zimbabwe;
b. which makes provision with respect to
matters of personal law such as adoption,
marriage, divorce, burial and testamentary
succession;
c. which makes provision for the
application of their customary law in the case
of members of a particular race or tribe;
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d. which makes provision with respect to
the standards or qualifications to be required
of persons who are appointed to offices in the
public service or in the service of a local
government authority or of a public
corporation, provided that these standards or
qualifications do not themselves specifically
relate to race, tribe, place of origin,
political opinions, colour or creed;
e. which confers special rights on
tribespeople in relation to Tribal Trust Land.
Savings
1. The Constitution will permit certain of the
substantive rights described above to be
derogated from, within specified limits, during
periods of emergency.
2. Existing laws will not be held in
contravention of the Declaration for a period
of five years, though such laws can be amended
or repealed by Parliament at any time.
Enforcement
The Declaration of Rights will contain
provisions to ensure that the rights which it
guarantees are fully justiciable. These
provisions will declare that anybody
who alleges that any of his rights under the
Declaration has been, is being or is likely to
be infringed - and in the case of a detained
person, any other person on his behalf - will,
without prejudice to any other remedy which he
may have, have the right to apply to the court
for redress and the court will have
jurisdiction to hear and determine that
application. The court will be empowered to
issue such orders as it may consider
appropriate to enforce, or to secure the
enforcement of, any of the provisions of the
Declaration of Rights.
D. THE EXECUTIVE
i. The President
1. The President will be Head of State and
Commander-in-Chief of the Defence Forces.
2. The President will be elected by the members
of Parliament. The qualifications for election
as President will be the same as those required
for election to the Senate.
3. The President will hold office until he
resigns or until a period of six years has
elapsed. Thereafter he will be eligible for re-
election for one further period of office.
4. The President may be removed from office on
the grounds of misconduct or inability to
discharge efficiently the functions of his
office. A motion for removal requires to be
supported by not less than two-thirds of all
the members of Parliament.
5. Provision will be made for the discharge of
the functions of the office of President during
the President's absence or temporary
incapacity.
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6. The executive power of Zimbabwe will be
vested in the President and unless otherwise
provided will be exercised on the advice of the
Executive Council or, if authorised by the
Executive Council, the Prime Minister or other
Minister. The limited circumstances in which
the President will act on his own discretion in
accordance with the Constitution, e.g.
appointment of the Prime Minister and
dissolution of Parliament following a vote of
confidence, will be specified in the
Constitution. (References to the exercise of
power by the President in this summary are
references to the President acting on advice
unless otherwise indicated).
7. Provision will be made to keep the
President informed of the general conduct of
the Government.
8. The exercise of the Prerogative of Mercy
will be vested in the President.
9. There will be vested in the President the
power to declare a state of public emergency,
or the existence of a situation which, if
allowed to continue, may lead to a state of
public emergency. Such a declaration will lapse
unless it is approved within 14 days by the
affirmative votes of more than one-half of the
total membership of the House of Assembly. The
declaration may not continue in effect for
longer than six months unless it is renewed by
a similar resolution.
ii. Executive Council and Ministers
1. The Executive Council will consist of the
Prime Minister and other Ministers, appointed
by the President on the advice of the Prime
Minister.
2. The President will appoint as Prime
Minister the person who, in his opinion, is
best able to command the support of a majority
of the members of the House of Assembly.
He will appoint and dismiss Ministers and
Deputy Ministers on the advice of the Prime
Minister. In the absence of the Prime Minister,
the President may authorise another Minister to
perform the functions of the Prime Minister.
3. A Minister or Deputy Minister will be a
member of the Senate or House of Assembly.
4. The Prime Minister may assign Ministers
responsibility for the administration of a
Government department. Where a Minister is
charged with responsibility for a department of
Government, it will be his duty to exercise
general direction and control over that
department. Secretaries will have the
supervision of departments subject to that
general direction and control.
iii. The Public Service
1. There will be a Public Service Commission
consisting of a Chairman and not less than two
and not more than four other members.
2. The members of the Public Service Commission
will be appointed by the President acting on
the advice of the Prime Minister. They will be
chosen for their ability and experience in
administration or their professional
qualifications or their suitability otherwise
for appointment as members. The Chairman and at
least one other member will have held senior
rank in the Public Service.
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3. Subject to the other provisions of the
Constitution, the Public Service Commission
will have vested in it the power to appoint
persons to hold or act in public offices, to
exercise disciplinary control over such
persons and to remove them from office. The
Public Service Commission will also have the
power to make regulations for the
administration and conditions of service of
the Public Service. Its decisions will be
reached by majority vote.
4. When considering candidates for appointment
to vacant posts in the Public Service and
Prison Service, the Commission will be
required to give preference to the person who
is in its opinion the most efficient and
suitable for appointment. However, in making
any decision the Commission will be required
to take account of any general policy
directions given by the President which are
designed to achieve a suitable representation
of all groups of the population in the service
of the State.
5. There will be an Attorney-General who will
be a member of the Public Service. He will be
appointed by the President on the advice of
the Prime Minister. Before tendering his
advice the Prime Minister will consider any
recommendations by the Public Service
Commission, which will in turn consult the
Judicial Service Commission. If he departs
from such recommendations Parliament will be
informed before the appointment is made.
6. Candidates for the office of Attorney-
General must have the qualifications necessary
for a judge or have served in the Office of
the Attorney-General for at least six years.
7. The Attorney-General will be responsible
for criminal prosecutions. In the exercise of
his powers in this capacity he shall not be
subject to the direction or control of any
person or authority. Once appointed the
Attorney-General may be removed from office
only on the recommendation of a tribunal.
8. Secretaries of Ministries and the Secretary
to the Executive Council shall be appointed by
the President on the advice of the Prime
Minister. Before tendering his advice the
Prime Minister will consider any
recommendations by the Public Service
Commission. If he departs from such
recommendations Parliament will be informed.
9. Heads of Diplomatic Missions shall be
appointed by the President on the advice of
the Prime Minister after consultation with the
appropriate Commission.
iv. The Police Force
1. The Police Force will be under the command
of the Commissioner of Police who will be
appointed by the President on the advice of the
Prime Minister. Before tendering his advice,
the Prime Minister will consider any
recommendations made by a specially constituted Board. If he
departs from such recommendations Parliament will be
informed.
2. The power to relieve the Commissioner of his
appointment will rest in the President acting
on the advice of the Prime Minister. Before
tendering such advice the Prime Minister will
consult the Executive Council. Parliament will
be informed.
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3. Subject to such general directions of
policy as may be given to him by the Prime
Minister (or other responsible Minister), the
Commissioner of Police will be responsible for
the administration and operations of the
Police Force. Appointments to the Police Force
will be made on the advice of or by the
Commissioner of Police. When considering
candidates for appointment to vacant posts the
Commissioner of Police will be required to
give preference to the person who, in his
opinion, is the most efficient and suitable
for appointment. However, in making any such
decision the Commissioner of Police will be
required to take account of any general policy
directions given by the President which are
designed to achieve a suitable representation
of the various component groups of the
population in the service of the State.
4. There will be a Police Service Commission
which will consist of a chairman (who will be
the Chairman of the Public Service Commission)
and not less than two and not more than four
other members appointed by the President on
the advice of the Prime Minister. The persons
to be appointed as members of the Commission
will be chosen for their ability and
experience in administration or their
professional qualifications or their
suitability otherwise for appointment as
members. At least one member will have held
senior rank in the Police Service.
5. The functions of the Police Service
Commission will be to consider grievances by
members of the Police Force, to consider and,
if it deems fit, to confirm any proposal to
dismiss a member who has had more than two
years' service and to make regulations for the
general well-being, good administration and
conditions of service of the Police Force.
E. PARLIAMENT
1. The legislature of Zimbabwe will consist of
the President and Parliament, which will
comprise a Senate and a House of Assembly.
2. An electoral law will make provision for the
election of Senators and of members of the
House of Assembly.
3. The registration of voters in elections to
the House of Assembly and the conduct of these
elections will be under the direction and
supervision of an Electoral Supervisory
Commission.
4. There will be provision for the
establishment of a Delimitation Commission to
delimit the Common Roll and White Roll
constituencies for general elections.
5. All citizens who are 18 years of age or over
will be eligible to be enrolled as voters.
There will be a Common Voters Roll on which
will be enrolled all voters except White
(including Coloured and Asian) voters who, for
so long as there is provision for separate
minority representation in Parliament, will be
enrolled on a White Voters Roll.
Senate
6. There will be a Senate of 40 members chosen
as follows:
a. ten will be elected by an electoral
college consisting of members of the House of
Assembly elected on the White Voters Roll;
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b. fourteen will be elected by an electoral
college consisting of members of the House of
Assembly elected on the Common Voters' Roll;
c. ten will be elected by the Council of
Chiefs;
d. six will be nominated by the President on
the advice of the Prime Minister.
7. To be qualified for election or appointment
as a Senator a person must be enrolled as a
voter, have attained the age of 40 and have
been ordinarily resident in Zimbabwe for not
less than 10 years during the last 20 years.
The residence qualification will not apply
during an initial period.
8. The Senate will elect a President and a
Deputy President of the Senate. A Minister or
Deputy Minister will not be eligible for these
posts. The President of the Senate will vacate
his office on the dissolution of Parliament
and may be removed from office by a resolution
of the Senate supported by not less than two-
thirds of all the members.
9. There shall be a Senate Legal Committee
with powers of scrutiny over legislation.
House of Assembly
10. The House of Assembly will consist of
100 members elected as follows:
a. 80 members will be elected by voters on
the Common Voters Roll;
b. 20 members will be elected by voters on
the White Voters Roll.
11. To be qualified for election to the House
of Assembly a person must be enrolled as a
voter, have attained the age of 21 and have
been ordinarily resident in Zimbabwe for not
less than five years during the last 20 years.
The residence qualification will not apply
during an initial period.
12. The House of Assembly will elect a Speaker
and a Deputy Speaker. A Minister or Deputy
Minister will not be eligible for these posts.
The Speaker will vacate his office on the
dissolution of Parliament and may be removed
at any time by a resolution of the House of
Assembly supported by not less than two-thirds
of all the members.
13. A general election for members of the House
of Assembly must be held within not more than
four months of the dissolution of Parliament.
Election of members of the Senate will follow
within 28 days.
Procedure in Parliament
14. The President or the Deputy President of
the Senate will usually preside over the
deliberations of the Senate. The Speaker or
Deputy Speaker will usually preside at
sittings of the House of Assembly.
15. The quorum of the Senate will be one-third
of all its members. The quorum of the House of
Assembly will be one-fourth of all the
members.
16. There will be a Secretary to Parliament. He
and the members of his staff will be public
officers.
17. There will be provision for the privileges
and immunities of members of Parliament.
28
18. The President will have the right to
address either House of Parliament or a joint
meeting of both Houses.
19. A Minister or Deputy Minister will have
the right to sit and speak both in the Senate
and in the House of Assembly but will only
have the right to vote in the House of which
he is a member.
20. Subject to the provisions of the
Constitution, the Senate and the House of
Assembly will be empowered to regulate their
own procedure.
Legislative Powers of Parliament
21. Subject to the provisions of the
Constitution, Parliament will have full
legislative powers for Zimbabwe.
22. The legislative powers of Parliament will
be exercised through Bills passed by the House
of Assembly and (subject to the House of
Assembly's power to over-ride it after a
period of delay) the Senate, and assented to
by the President.
23. Parliament will not be entitled, except
upon the recommendation of the Prime Minister
signified by him or by another Minister, to
proceed upon a Bill which imposes or increases
taxation or imposes a charge on public funds or
authorises expenditure from public funds or
compounds or remits a debt due to the
Government.
24. If the Senate does not approve within 90
days an ordinary Bill (that is a Bill not
amending the Constitution and not a Money Bill)
which has been approved by the House of
Assembly, the Bill may be presented to the
President for his assent. The Senate will not
have the power to amend Money Bills, and in the
case of such Bills its power to delay will be
limited to eight sitting days.
25. Save as is otherwise specifically provided
in the Constitution the House of Assembly will
decide all questions by a simple majority of
the votes of the members present and voting.
The Speaker or other member presiding will have
neither an original vote nor a casting vote: if
the votes are equally divided on any question,
the motion will be lost.
26. Parliament will be able to amend any of
the provisions of the Constitution. Any Bill
to that effect must be published in the
Gazette at least 30 days before first reading
in the Senate or House of Assembly.
27. The Senate will have the power to delay any
Bill to amend the Constitution for 180 days,
but at the end of that period it can be sent to
the President for his assent, even if it has
not passed the Senate.
28. Except as provided in paragraphs 29 and 30,
a Bill to amend the provisions of the
Constitution will require the votes of not less
than 70 per cent of the members of the House of
Assembly and, subject to paragraph 27, the
votes of not less than two-thirds of the
members of the Senate.
29. The provisions of the Constitution relating
to the separate representation of the White
minority in Parliament will for a period of
seven years be amendable only by unanimous vote of the House of Assembly
and, subject to paragraph 27, not less than two-
thirds of the members of the Senate. At the end
of seven years, these provisions shall be
capable of amendment as in paragraph 28 above.
29
30. The protective provisions of the
Declaration of Rights will for a period of ten
years be amendable only by the unanimous vote
of the House of Assembly and, subject to
paragraph 27, the votes of not less than two-
thirds of the members of the Senate. But a
Bill which amends the Declaration of Rights in
such a way as to reduce the qualifications or
exceptions to those provisions will be subject
to the procedure in paragraph 28 above.
Summoning, Prorogation and Dissolution of
Parliament
31. Each session of Parliament will be held at
such place and will begin at such time as the
President may determine but not more than six
months will be permitted to elapse between the
end of one session and the beginning of the
next.
32. The President will be able to prorogue or
dissolve Parliament at any time on the advice
of the Prime Minister.
33. If the House of Assembly at any time passes
a motion of no confidence in the Government and
the Prime Minister does not within three days
resign or ask for a dissolution, the President
will be required to dissolve Parliament.
34. Unless it is already dissolved, Parliament
will stand dissolved automatically at the end
of five years from the date of the first
sitting of the House of Assembly after the
previous dissolution. There will be provision
for limited extensions of Parliament's life if
Zimbabwe is at war or in periods of emergency.
F. THE JUDICATURE
1. There will be a High Court of Zimbabwe,
consisting of an Appellate Division and a
General Division. It will have unlimited
original jurisdiction in both civil and
criminal matters and such other jurisdiction as
may be conferred on it by the Constitution or
any other law. Appeals will lie from decisions
of the General Division to the Appellate
Division.
2. There shall be a Chief Justice and other
judges of the High Court.
3. The Chief Justice will be appointed by the
President, acting on the advice of the Prime
Minister. Before tendering his advice the Prime
Minister will consider any recommendations from
the Judicial Service Commission. If he departs
from any such recommendations Parliament will
be informed before the appointment is made.
4. The other judges of the High Court will be
appointed by the President, acting on the
advice of the Judicial Service Commission.
5. A person will not be qualified to be
appointed as a judge of the High Court unless-
a. he is or has been a judge of a superior
court in a country in which the common law is
Roman-Dutch or English and English is an
official language; or
b. he is, and has been for not less than
seven years, qualified to practise as an
advocate in Zimbabwe or in a country in which
the common law is Roman-Dutch
or English and in any such case English is an
official language. Experience in a country
where the common law is English will count only
in the case of citizens of Zimbabwe.
30
6. If the office of Chief Justice is vacant or
the Chief Justice is temporarily unable to
perform the functions of his office, the
President will be able to designate one of the
other judges of the High Court to act in his
place.
7. A judge of the High Court will not be
removable from office before reaching retiring
age except for physical or mental incapacity or
for misconduct. If the President considers that
the question of removing a judge on one of
these grounds ought to be investigated, he will
appoint a tribunal consisting of a Chairman and
two other legally qualified members. When that
tribunal has enquired into the matter, it will
report to the President and advise him whether
to refer the question of the judge's removal to
the Judicial Service Commission. If the
Commission recommends that the President should
remove the judge from office, the President
will do so. When the case of the judge is being
investigated by the tribunal, the President may
suspend him from performing the functions of
his office.
8. There will be a Judicial Service Commission,
consisting of the Chief Justice as the
Chairman, the Chairman of the Public Service
Commission, a legally qualified person
appointed by the President and a member
appointed by the President, in each case acting
on the advice of the Prime Minister. The
Judicial Service Commission will advise the
President on the appointment of judges of the
High Court and of judicial officers presiding
over certain courts exercising specified
functions.
9. In carrying out its functions the Judicial
Service Commission will not be subject to
direction or control by any other person or
authority.
10. The power to appoint, exercise disciplinary
control over and remove from office magistrates
and certain other officers, e.g. registrars,
connected with the High Court will rest with
the Public Service Commission.
G. THE DEFENCE FORCES
1. All armed forces will be regulated by law.
The Defence Forces will consist of the Army,
the Air Force and any other branch established
by law.
2. There will be a Commander of each branch.
Each Commander will be appointed by the
President, acting on the advice of the Prime
Minister. Before tendering his advice the Prime
Minister will consider any recommendations made
by a specially appointed Board. If he departs
from such recommendations Parliament will be
informed.
3. The power to relieve a Commander of his
appointment will vest in the President
acting on the advice of the Prime Minister.
Before tendering his advice the Prime Minister
will consult the Executive Council. Parliament
will be informed.
4. The Commander of a branch of the Defence
Forces will be responsible for that branch
subject to any general directions of policy
which may be given to him by the Prime Minister
(or other responsible Minister) for the
operations or administration of the branch
concerned. Appointments within a branch will be
made on the advice of or by the Commander, who
will be required to give preference to the
person who in his opinion is the most efficient
and suitable
31
for appointment. However, in making any
decision the Commander will be required to
take account of any general policy directions
given by the President which are designed to
achieve a suitable representation of the
various component groups of the population in the
service of the State.
5. There will be a Defence Forces Service
Commission which will consist of a Chairman
(who will be the Chairman of the Public
Service Commission) and not less than two and
not more than four other members appointed by
the President acting on the advice of the
Prime Minister. The persons appointed to be
members of the Commission will be chosen for
their ability and experience in administration
or their professional qualifications or their
suitability otherwise
for appointment as members. At least one
member will have held senior rank in the
Defence Forces.
6. The functions of the Defence Forces Service
Commission will be to consider grievances by
members of the Defence Forces, to consider
and, if it deems fit, to confirm any proposal
to dismiss a member who has had more than two
years' service, and to make regulations for
the general well-being, good administration
and conditions of service of the Defence
Forces.
H. FINANCE
1. There will be a Consolidated Revenue Fund
into which all Government revenues will be paid
unless they are payable by law into some other
fund established for a specific purpose or are
revenues that may, by law, be retained by the
authority that received them for the purpose of
defraying its own expenses.
2. No monies will be withdrawn from the
Consolidated Revenue Fund except to meet
expenditure charged on that Fund by the
Constitution or another law; or where the
withdrawal has been authorised by an
Appropriation Act or a supplementary or
additional estimate approved by or under an Act
of Parliament.
3. No monies will be withdrawn from any public
funds of Zimbabwe other than the Consolidated
Revenue Fund unless authorised by or under a
law.
4. The Minister for Finance will be required to
lay before the House of Assembly estimates of
the revenues and expenditure of Zimbabwe for
the next financial year. The expenditure
included in those estimates (other than
expenditure charged on the Consolidated Revenue Fund) will
then have to be authorised by an Appropriation
Act.
5. Provision will be made for supplementary or
additional estimates to be laid before the
House of Assembly for expenditure not covered
by the Appropriation Act or if unauthorised
expenditure has taken place.
6. There will be provision under which, if the
Appropriation Act for any financial year has
not come into operation by the beginning of
that year, the President will be permitted to
authorise the withdrawal of monies from the
Consolidated Revenue Fund for the purpose of
meeting necessary expenditure until the end of
the first four months of the financial year or
until the Appropriation Act comes into operation,
whichever is the earlier.
32
7. The public debt of Zimbabwe, i.e. all debt
charges for which the Government
of Zimbabwe is liable, will be charged on the
Consolidated Revenue Fund.
8. There will be a Comptroller and Auditor-
General who will be appointed by the President
on the recommendation of the Public Service
Commission. It will be his duty:-
a. to satisfy himself that any proposed
withdrawal from the Consolidated Revenue Fund
is legally authorised and, if so satisfied, to
approve it;
b. to satisfy himself that all disbursements
and expenditure from public funds are covered
by proper authority; and
c. at least once a year to audit all
Government accounts, including the accounts of
all courts which are paid for out of Govenment
funds and the accounts of any Commission
established by the Constitution, and to report
on that audit to the House of Assembly through
the Minister of Finance.
For this purpose he will be entitled to have
access to all relevant books and documents. In
the exercise of his constitutional functions,
he will not be subject to the direction or
control of any other person or authority.
9. The Comptroller and Auditor-General will be
removed from office only by the affirmative
vote of an absolute majority of the House of
Assembly.
PENSION RIGHTS OF PUBLIC OFFICERS
1. The Constitution will contain provisions
relating to pensions payable in respect of
service of a public officer.
2. The pension benefits to be paid to a public
officer will be those applicable at the time he
began his service or those provided under any
subsequent law not less favourable to him.
3. All pensions benefits payable by the State
will be a charge on the Consolidated Revenue
Fund.
4. Any person who is entitled to receive
pension benefits may, if he is ordinarily
resident otuside Zimbabwe, have them remitted
to him outside Zimbabwe free of any deduction,
charge or tax in respect of its remission.
I. OMBUDSMAN
1. There will be an Ombudsman, who will be
appointed by the President on the advice of the
Judicial Service Commission.
2. The duty of the Ombudsman will be to
investigate complaints against action taken by
any employee of the Government, other than a
member of the Defence Forces or Police Force,
or by any employee of a local authority, where
no legal redress or right of appeal to a court
exists.
33
ANNEX D
THE PRE-INDEPENDENCE ARRANGEMENTS
1. The British Government puts forward the
following proposals for implementing the
Independence Constitution.
2. Rhodesia continues to be part of Her
Majesty's dominions. The Government and
Parliament of the United Kingdom have
responsibility and jurisdiction for and in
respect of it. It is for the British Parliament
to grant legal independence to Rhodesia.
3. An Independence Constitution has been agreed
by the parties, subject to agreement on the
arrangements for implementing it. The
Constitution gives full effect to the principle
of genuine majority rule and will give the
government of independent Zimbabwe the powers
it needs to carry out the policies on the basis
of which it is elected.
4. The question of majority rule, which gave
rise to the war, has therefore been resolved.
The question now at issue is who is to form the
future independence government. The British
Government's position is that this must be
decided by the people of Zimbabwe, in free and
fair elections in which all parties will be
able to take part on equal terms. The British
Government will transfer power to whatever
leaders are chosen by the people of Rhodesia in
elections held under these conditions and
supervised under the British Government's
authority. The British Government will not be
prepared to transfer power to any party which
has not won it in elections. The elections will
be held on the basis of the Independence
Constitution and all parties will be expected
to abide by it. All parties taking part in the
elections will also be expected to commit
themselves to abide by the outcome. Such a
commitment will be essential if Zimbabwe is to
come to independence in peace and with a
prospect of stability and prosperity for all
its people.
5. The proposals put to the Conference by the
Salisbury delegation and the Patriotic Front
showed that there was a wide divergence of
views on how to create the conditions in which
fair elections can be held.
6. The Salisbury delegation maintained that
they had been elected to govern Rhodesia; that
most of their members had nothing to do with
the illegal declaration of independence; that
they had a mandate to govern Rhodesia, and that
they should do so during the interim period.
Elections should be supervised by the British
Government, but they would continue to
administer the country.
7. The Patriotic Front's position was set out
in the paper on transitional arrangements which
they circulated early in the course of this
Conference and later amplified. Their proposals
called for complex power-sharing arrangements
in the interim and re-structuring of the police
and security forces in advance of the election.
8. Against this background, the British
Government has reached certain conclusions. In
the first place, the purpose of the pre-
independence arrangements
34
is to allow the parties to put their case to
the people under fair conditions. The pre-
independence period should not be concerned
with the remodelling of the institutions of
Government. This will be a matter for the
independence government elected by the people
of Rhodesia. The essential requirement is that
all parties should be free to put their
policies to the people and should commit
themselves to abide by the people's choice.
The purpose of the interim period should be
peaceful competition for power.
9. Secondly, the British Government proposes
that the administration of Rhodesia during the
election should be entrusted to the authority
of the British Government, while the leaders of
all parties explain their case to the people.
10. Thirdly, the British Government has
concluded that, against the background of a
war and the certain difficulties of a cease-
fire, an interim period must not be excessively
protracted, but must allow all the political
parties adequate time to put their case to the
people of Rhodesia. The longer the interim
period lasts before the people of Rhodesia are
given the chance to decide their political
future for themselves, the greater will be the
period of political uncertainty and the greater
the risk of a break-down of the cease-fire. It
is in the interests of the people of Zimbabwe
that they should be enabled to choose their
future leaders as soon as is reasonably
possible.
11. Finally, it is clear to the British
Government that whatever arrangements are
proposed for the interim will be effective only
if there is a genuine commitment by both sides
to make them work. It is in the interests of
all the parties to this Conference that there
should be an end to the fighting and free and
fair elections. The British Government is
prepared to ensure the conditions under which
those objectives can be achieved. But it can do
so only if both sides accept its authority and
its determination to ensure the impartiality of
the election process.
The Machinery of Government
12. The British Government believes that it is
only through a direct British involvement that
conditions for elections, acceptable to both
sides, can be created. To set in train the
process which will enable free and fair
elections to be supervised under its authority,
as was agreed at the Commonwealth Heads of
Government meeting at Lusaka, the British
Government will appoint a Governor for
Rhodesia, who will be British. The Governor's
instructions will require him to do all things
necessary to secure compliance with the
conditions for free and fair elections.
13. The Governor will be established under an
Order in Council which will confer on him
executive and legislative authority. He will
act according to the instructions given to him,
for the fulfilment of his tasks, by the British
Government.
The Governor will have powers to make laws by
Ordinance for the peace, order and good
governance of the country. Legislative
authority will not be exercised by any other
body. Executive authority will be vested in the
Governor and all public officers and
authorities in Rhodesia, including the civil
service, the police and the defence forces,
will be required to comply with the Governor's
directions. The Patriotic Front's forces will
also be required to comply with the directions
of the Governor.
35
14. There will be a Deputy Governor who will be
British. The Governor will also have a Military
Adviser, Police Adviser, Legal Adviser and
Political Adviser and such other supporting
staff as the British Government may decide are
necessary to enable him to discharge his
functions effectively, all of whom will be
British. In the day-to-day administration of
the country, the Governor will, however, work
through the existing public service. The
British Government see no practical alternative
to this. It will be for the Governor to ensure
that his authority is effectively and
impartially exercised.
15. The Order in Council providing for the
establishment of the office of Governor will
serve as the interim Constitution of Rhodesia.
Provision will be made to carry forward
existing laws. It will be for the Parliament to
be chosen in free elections to decide which
laws shall be continued and which shall be
changed. It will be the Governor's duty to
ensure that powers conferred by existing laws
on public officers and authorities are not used
in an arbitrary manner, or in such a way as to
affect the conditions for free and fair
elections. Allegations of improper activity by
any public authority or any political party or
its representative in the election campaign may
be brought to the attention of the Governor or
his Deputy, who will cause them to be dealt
with.
16. All persons detained arbitrarily and on
political grounds by any party will be
released. The Governor will order a review of
any such cases within his jurisdiction. The
British Government will require to be satisfied
that similar procedures will apply in the case
of persons detained outside Rhodesia.
17. Once the Governor has arrived and his
authority has been accepted in Rhodesia,
Rhodesia will have returned to lawful
government as a part of Her Majesty's
dominions.
18. The Governor will proceed to Rhodesia as
soon as possible after the conclusion of the
Constitutional Conference. He will assume
responsibility for the government of Rhodesia.
All the political leaders will commit
themselves to the election campaign. Bishop
Muzorewa and his colleagues will not exercise
ministerial functions during this period. The
Governor will be responsible for the
administration of the country on a caretaker
basis. Heads of Ministries will report to him.
The Return of Citizens Living Outside Rhodesia
19. Many thousands of Rhodesian citizens are at
present living outside the country. Most of
them wish to return and it will be desirable
that as many as possible should do so in order
to vote in the election. The return of all
refugees will be a task requiring careful
organisation. But a start should be made in
enabling the refugees to return to their homes
as soon as possible; and the British Government
will be ready to assist with the process. The
task of effecting the return of all refugees
will need to be completed by the independence
government in co-operation with the governments
of the neighbouring countries.
36
Law and Order
20. In the event of an effective cease-fire,
the necessity for martial law will disappear.
The task of maintaining law and order in the
pre-independence period will be the
responsibility of the civil police. The police
will act under the Governor's supervision,
exercised through the Police Adviser and other
British police officers. Special arrangements
will be made by the Governor in consultation
with the parties to ensure the protection of
the political leaders in this period.
Defence
21. The negotiation of a cease-fire will be the
next task of the Conference as soon as there is
agreement on the arrangements for holding
elections and on the administration of the
country in the interim period. Subject to this,
the role of the military forces of both sides
in the interim period will be to maintain the
cease-fire. The commanders on both sides will
be responsible to the Governor for this. The
British Government proposes to establish
machinery on which the military commanders on
both sides will be represented, to ensure
compliance with the terms of the cease-fire.
The success of the arrangements proposed for
the administration of Rhodesia in the period
before independence will require all parties to
commit themselves to accept the Governor's
authority.
Legislative Procedures
22. The authority of the United Kingdom
Parliament will be sought for the appointment
of the Governor, the making of the Independence
Constitution and the holding of elections under
it. Legislation will be submitted to Parliament
as a matter of urgency so that the Governor
may, without loss of time after his arrival,
take the steps necessary to allow elections to
be held.
23. A Bill will subsequently be introduced to
provide for Rhodesia to become independent,
following the holding of elections supervised
by the British Government and held under the
British Government's authority, and the
establishment of a government of Zimbabwe on
the basis of the Independence Constitution.
The Elections
24. The administrative arrangements described
in this paper will be implemented in such a
manner as to ensure that the elections will be
held under the following conditions:-
—the administration of the elections will be
fair and impartial as between all the
political parties taking part;
—peaceful political activity will be freely
conducted by all the parties to the
election;
—there will be freedom of movement, assembly
and expression during the election
campaign;
—all parties will conduct their political
activities within the law;
—all the parties will have free and
uncensored access to the public media to
put their case to the people of Rhodesia,
and there will be freedom to advertise and
to publish political views in the press;
37
—appropriate measures will be taken to
ensure the security of all parties taking
part in the election campaign.
25. There will be an Election Council, chaired
by the Election Commissioner or his nominated
depty, who will be British. The Election
Commissioner will invite each party taking
part in the elections to be represented on the
Council. The Council will have a general
consultative function. Its individual members
will be able to make representations to the
Election Commissioner on any matter concerning
the elections. The Election Commissioner and
his staff will ensure that allegations of
unfair practices are properly investigated and
remedied.
26. Commonwealth Governments will be invited to
send observers to the elections. Their role
will be to observe that the elections are
genuinely free and fair and that the British
Government is carrying out its responsibility
to supervise them. No restrictions will be
placed upon their movements, and every effort
will be made to facilitate their task.
27. All political parties which register for
elections will be free to take part in the
elections. Any order banning or restricting a
political party will be revoked.
28. The election will be held on dates to be
decided by the Governor as soon as possible
after he takes up office and his authority is
accepted. Three consecutive days will be set aside for polling
to take place.
29. The British Government will take the
legislative action necessary to bring into
force those parts of the Independence
Constitution required for elections to be held
and for Parliament to be constituted in the
terms of the Independence Constitution.
Relevant provisions of the Electoral Law
currently adopted in Rhodesia will be applied
at the Governor's discretion.
30. The Governor will be responsible for all
aspects of the conduct of the elections. There
will be an Election Commissioner with
appropriate staff appointed by the British
Government who will be responsible for
supervising the elections to the full extent
necessary to ensure that they are free and fair
as between the parties participating in them.
He and his assistants will keep themselves
fully informed of all matters relating to the
elections and will enquire as necessary into
any aspect of the conduct of the elections.
31. Elections for the Common Roll seats will be
held on a party list basis. The most practical
procedure may be to divide the country into
districts, each of which could be allocated a
number of seats in proportion to its
population. The election on the white roll will
take place on the basis of existing
constituencies.
32. The Governor will fix a date not less than
four and not more than six weeks before the
elections on which political parties wishing to
contest the elections should apply for
registration, name each electoral district for
which they wish to be registered and provide a
list of the candidates whom they wish to
nominate for each electoral district.
38
33. The qualifications for voters and for
candidates for election as Senators and members
of the House of Assembly will be as provided in
the Independence Constitution, except that, in
view of the special circumstances prevailing at
present, residence qualifications will not
apply.
34. Registration of voters will not be
required. But voters will be required as
necessary to produce evidence of identity and
eligibility to vote. Steps will be taken to
prevent fraudulent and multiple voting.
35 The Election Commissioner will supervise the
printing and distribution of ballot papers.
36. There will be freedom to campaign, hold
political meetings and carry out canvassing.
Appropriate measures will be taken by the
Governor in consultation with the parties to
ensure the physical security of all political
leaders during the campaign.
37. Appropriate provision will be made for the
conduct of the poll, the counting of votes and
the declaration of results. Every voter will be
free to cast his or her vote for the party of
his or her choice.
38. Each party presenting candidates will be
entitled to have one representative at each
polling station in the district concerned to
observe the polling. The Election Commissioner
and his staff will make sample checks on
polling stations throughout the country.
39. It will be the responsibility of the
Governor to ensure adequate security at polling
stations and the security of the ballot boxes.
40. The Governor, on the advice of the Election
Commissioner will take appropriate steps
regarding disclosure of election expenses, the
definition of corrupt and illegal practices,
and election petitions.
Conclusion
41. The British Government is confident that if
these arrangements are accepted by the parties,
it will be possible for them to resolve their
differences by political means, thereby
enabling the people of Zimbabwe to decide for
themselves their future government and enabling
them and the people of the neighbouring
countries to live at peace. The British
Government urges the parties to take this
opportunity to achieve these aims.
39
ANNEX E
RHODESIA: CEASE-FIRE AGREEMENT
The parties to this cease-fire agreement have
agreed as follows:
1. With effect from 2400 hours on 21
December 1979, all movement by personnel of
the Patriotic Front armed forces into
Rhodesia and all cross-border military
activity by the Rhodesian forces will cease.
This agreement will take effect on a basis
of strict reciprocity. The British
Government will request the governments of
countries bordering on Rhodesia to make
arrangements to ensure that externally based
forces do not enter Rhodesia. Provision will
be made to permit the return of civilian
personnel to Rhodesia in order to vote or
engage in other peaceful political activity.
Border-crossing points will be established,
under the supervision of the monitoring
force, for this purpose;
2. With effect from 2400 hours on 28
December 1979, all hostilities in Rhodesia
will cease. The Commanders will issue
instructions to the forces under their
command to ensure that all contact between
the respective forces is avoided. A Cease-
fire Commission will be established in
Salisbury. The Chairman of the Commission
will be the Governor's Military Adviser. The
Commission will consist of equal numbers of
the representatives of the Military
Commanders of both sides. The Commission
will meet as required throughout the cease-
fire. Its functions will include:
(a) ensuring compliance with agreed
arrangements for the security and
activities of the forces;
(b) the investigation of actual or
threatened breaches of the cease-fire;
and
(c) such other tasks as may be assigned to
it by the Governor in the interests of
maintaining the cease-fire.
The Commission will be independent of existing
command structures and the Governor may at his
discretion communicate direct with the
Commanders of the Rhodesian forces and the
Patriotic Front forces concerning the exercise
of their respective functions. Any member of
the Commission may invite it to discuss any
questions which appears to him to be relevant
to its functions.
3. The British Government will be
responsible for the establishment of a
monitoring force under the command of the
Governor's Military Adviser. This force will
assess and monitor impartially all stages of
the inception and maintenance of the cease-
fire by the forces and assist the Cease-fire
Commission in its tasks. The Commanders of
the Rhodesian forces and of the Patriotic
Front forces undertake to co-operate fully
with the monitoring force and to provide it
with whatever facilities are necessary to
assist it to discharge its functions.
4. Elements of the monitoring force will be
assigned:
(a) to maintain contact with the command
structures of the Rhodesian forces and
Patriotic Front forces throughout
Rhodesia;
40
(b) to monitor and observe the maintenance
of the cease-fire by the respective
forces; and
(c) to monitor agreed border-crossing
points and the use made of them in
accordance with such arrangements as may
be agreed in the context of the cease-
fire.
5. Members of the monitoring force will
carry weapons for their personal protection
only and will be provided with vehicles and
aircraft carrying a distinctive marking. The
force will be equipped with an independent
radio communications network.
6. The parties recognise that disengagement
of the forces will be essential to an
effective cease-fire and the deployment of
the monitoring force. At 2400 hours on 28
December 1979, the Rhodesian armed forces,
under the directions of the Governor, will
therefore disengage to enable the Patriotic
Front forces inside Rhodesia to begin the
process of assembly. Elements of the
monitoring force will be deployed to the
command structure and bases of the Rhodesian
forces and to assembly places and rendezvous
positions designated for the Patriotic Front
forces.
7. The Patriotic Front forces at present in
Rhodesia will report with their arms and
equipment to rendezvous positions (RPs) and
will proceed thereafter to assembly places
as indicated in the Appendix to this
agreement. The process of assembly will take
place under the direction of the Commanders
of the Patriotic Front forces and under the
auspices of the monitoring force.
8. Movement to assembly places will be
completed by 2400 hours on 4 January 1980.
The process of assembly will take place with
the assistance of the monitoring force.
Arrangements will be made for the
accommodation, security and other agreed
requirements of the Patriotic Front forces.
9. The Rhodesian armed forces will comply with
the directions of the Governor. There will
be reciprocal disengagement by the Rhodesian
forces, in relation to the successful
accomplishment of the assembly process by
the Patriotic Front forces.
10. With effect from cease-fire day, all forces
will comply with the cease-fire and with the
directions of the Governor. Any forces which
fail to comply with the cease-fire or with
the directions of the Governor will be
deemed to be acting unlawfully.
11. The primary responsibility for dealing with
breaches of the cease-fire will rest with
the Commanders of the forces through the
mechanism of the Cease-fire Commission and
with the assistance of liaison officers of
the monitoring force. The Commanders will
ensure, with the assistance of the
monitoring force, that breaches of the cease-
fire are contained and dealt with. In the
event of more general or sustained breaches
of the cease-fire the Governor will decide
what action to take to deal with them with
the forces which have accepted his
authority.
41
12. The parties undertake to issue clear and
precise instructions to all units and
personnel under their command to comply
scrupulously with the arrangements for
bringing the cease-fire into effect. They
will make announcements, immediately
following the conclusion of this agreement,
which will be broadcast regularly through
all appropriate channels to assist in
ensuring that instructions to maintain the
cease-fire reach all the forces under their
command and are understood by the public in
general.
13. The parties to this agreement renounce the
use of force for political objectives. They
undertake to accept the outcome of the
elections, to comply with the directions of
the Governor and to resolve peacefully any
questions relating to the future composition
of the armed forces and the training and
resettlement of military and civilian
personnel.
Signed at Lancaster House, London
this twenty-first day of December 1979
ATTACHMENT TO CEASE-FIRE AGREEMENT
RHODESIA: CEASE-FIRE NEGOTIATIONS STATEMENT
BY THE CHAIRMAN ON 11 DECEMBER 1979
1. The substance of the British Government's
proposals for a ceasefire has been set out in
the Ceasefire Agreement circulated to the
Conference. This is in accordance with the
ceasefire proposals which have already been
agreed. It remains to reach conclusions on
matters of practical detail, so that the
cease-fire can be implemented.
2. It has been agreed that the purpose of the
ceasefire is to bring an immediate end to
hostilities and to establish peaceful
conditions which will allow elections to take
place, the people of Rhodesia to choose their
future government and Zimbabwe to become
independent on the terms which have been
agreed at this Conference. The British
Government has accepted direct responsibility
for the administration of Rhodesia during the
pre-independence period, through the
appointment of a Governor with executive and
legislative powers. It will be the Governor's
duty to administer the country so that free
and fair elections can be held under his
authority. It is essential therefore that the
British Government should state the
arrangements which it is prepared to make in
connection with a ceasefire, as in connection
with all the other matters concerning the pre-
independence period on which it has made its
position clear and on which all parties to the
Conference are now agreed. Both sides have
agreed to resolve their political differences
through elections held under British authority
on the basis of a democratic constitution
which all have accepted. In these
circumstances there can be no justification
for any party to continue the war.
3. In further refining our ceasefire proposals
I would like to make it clear from the outset
that there can be no question of surrender by
either side. All the forces which comply with
the agreement, which accept the Governor's
authority and comply with his directions will
retain their arms and equipment, will be
treated honourably, and will be lawful.
Neither side will threaten the security of the
other. A fully effective ceasefire, respected
by all the forces, will foster an atmosphere
of confidence in which the future Government
will be able to resolve post-war military
problems and decide the future of all the
forces at its disposal.
4. It is impossible for any external authority
or force to guarantee that a ceasefire will be
effective. Only the parties themselves can
ensure this. The purpose of the British
Government's proposals is to help the forces
to initiate and maintain a ceasefire through
arrangements by which they can be separated
from their present inter-locked positions;
infringements can be avoided so far as
possible and contained where they have taken
place; and there can be effective monitoring
of each side's conduct. The task of a
monitoring force is not and cannot be to
compel either side to maintain a ceasefire, or
in any sense to guard the forces of one side
or the other. Its task is to observe and
report on the manner in which the forces
maintain the ceasefire agreement and thus
46
give them an assurance that it will not be
possible for any force to conduct activities in
breach of the ceasefire in disregard of the
Governor's instructions.
5. A conflict is at present taking place in
which the armed forces of both sides are inter-
locked over a wide area of the country. A
substantial proportion of the armed forces of
one side is also located in positions outside
the country. It is necessary to establish the
peaceful conditions for elections through an
effective ceasefire and the separation of the
forces. It follows that steps must be taken
which will ensure as far as possible that
during the pre-independence period:
(a) There is a cessation of cross-border
military activity by both sides;
(b) the forces inside the country cease
hostilities and are separated;
(c) all forces which are prepared to cease
fire and to accept the Governor's
authority are identified and comply with
his directions; and
(d) forces which do not accept the
Governor's authority are unlawful.
6. The first step to be taken to secure these
objectives is for the commanders of the forces
on both sides in the conflict simultaneously
and reciprocally to instruct their forces to
desist from all cross-border movement and
operations. Compliance with such instructions
can be verified and the British Government has
already called on the parties to the Conference
to reach an agreement on this question without
delay.
7. It is crucial to the achievement of a
ceasefire within Rhodesia that the Commanders
of the forces at present in the country should
accept the authority of the Governor and be
responsible to him for the maintenance of the
ceasefire by all the forces under their
command. It is only in this way that the
leaders of the political parties and the people
as a whole can be assured that the opposing
forces have been brought under lawful
authority.
8. In the circumstances prevailing in Rhodesia
it will not be sufficient for the Governor to
instruct the forces which have accepted his
authority simply to cease firing and remain in
their present positions. A ceasefire in these
circumstances would have no chance of being
preserved and a monitoring force could not be
deployed. Nor would any machinery exist through
which disputes could be resolved. The British
Government's proposals are designed to create
the condition for an effective ceasefire by the
establishment of such machinery and the
disengagement of the forces.
The Ceasefire Commission
9. The British Government has proposed the
establishment of a Ceasefire Commission on
which the commanders of the Rhodesian forces
and of the Patriotic Front forces will be
represented and which will meet under the
chairmanship of the Governor's Military
Adviser. The Commission will meet as often as
necessary throughout the ceasefire. It will be
established on ceasefire day and will remain in
operation until independence day. It will
provide a forum in which each side can seek
assurance that the ceasefire agreement is being
complied with. It will be able to call for
reports on breaches of the
ceasefire and discuss measures to contain them
and to prevent their recurrence.
47
Any member of the Commission will be able to
raise any question which he believes to be
relevant to the maintenance of the ceasefire.
The Commission will not give directions to the
forces on either side - that will be a matter
for the Governor - but will be free to make
recommendations to the Governor.
The Monitoring Force
10. The Ceasefire Commission will be assisted
by a substantial monitoring force, under the
command of the Governor's Military Adviser. The
monitoring force will be under United Kingdom
auspices, with the participation of contingents
from Australia, New Zealand, Kenya and Fiji. I
would like to pay tribute to the Governments
concerned for their contribution to the process
of bringing a settlement into effect. The force
is on stand-by and can be deployed to Rhodesia
within the next few days.
11. The force will number some 1,200 men. It
will be equipped with its own vehicles,
helicopters and C130 aircraft. It will have an
independent and secure radio communications
network. Members of the force will carry
personal weapons for their own self-defence.
Their uniforms, vehicles and aircraft will
carry distinctive insignia which will make them
easily recognisable by the forces and by the
general public.
12. When fully deployed, the monotoring force
will be in contact with the command structures
of the Patriotic Front forces and the Rhodesian
forces throughout the country. It will monitor
and observe the maintenance of the ceasefire by
all the forces. It will also monitor border
crossing points and the use made of them in
accordance with the ceasefire agreement.
13. Senior officers of the monitoring force
will be attached to each of the Joint
Operations Commands (JOCs) of the Rhodesian
forces. Each of these officers will command a
series of monitoring teams which will be
attached to the sub-JOCs and company bases of
the Rhodesian forces within each JOC's
operational area.
14. This organisation will be parallelled in
relation to the Patriotic Front forces. A
senior officer will be located with a
representative of the Patriotic Front forces
responsible for each group of assembly places
allocated to the Patriotic Front. Under each
such officer's command there will be a series
of monitoring teams attached to the forces of
the Patriotic Front in their places of
assembly.
15. We have next had to consider the
arrangements under which the forces will
disengage and the monitoring force will be
deployed. We cannot arrange for the
simultaneous deployment of monitoring teams to
both sides, because the Patriotic Front forces
are diffused and will not, at the outset of the
process, be identified to the monitoring force.
The Rhodesian forces will make the first move
by (a) accepting the Governor's authority and
agreeing to comply with his directions; (b) the
monitoring teams allocated to the Rhodesian
forces will then be deployed through their
command structure down to company base level;
(c) on ceasefire day the Rhodesian forces will
disengage from the Patriotic Front forces by
moving into the close vicinity of bases to
permit the Patriotic Front to assemble their
forces.
48
16. It will then be for the Patriotic Front to
assemble their forces via rendezvous points to
assembly places at which they can be
monitored. The process of assembly will be
continuous. For this purpose, it will be
necessary for the Patriotic Front, under the
auspices of the monitoring force, to send
representatives to each of the rendezvous
points. The Patriotic Front forces will make
their way with their arms and equipment to the
rendezvous points, where they will be under
the authority of their own Commanders. From
there they will move to their assembly places
in transport which will be provided for them,
with their arms and equipment and under their
own command. This movement will take place
under the auspices of the monitoring force,
who will be in direct communication with the
teams attached to the Rhodesian forces so that
each side can be informed of the other's
movements and there can be no
misunderstanding of each other's intentions.
17. Monitoring teams will also be established
from the outset at the assembly places
themselves and will meet the Patriotic Front
forces as they arrive. In their assembly
places the Patriotic Front forces will retain
their arms and equipment and will remain under
their own commanders. They will be
responsible for the organisation and discipline
of their forces.
18. The Patriotic Front delegation have
expressed concern about the ability of their
commanders to transmit ceasefire orders to
their men in the field. But the British
Government stands ready, in conjunction with
the monitoring force, to arrange whatever
facilities the Patriotic Front commanders
require to ensure that their orders reach
their men in the field. We are prepared to
help with this in terms of broadcasting and
other radio facilities, transport, etc.
19. By the time the assembly process is
complete we shall have reached a point at which
the forces which have accepted the Governor's
authority are known and identified; the
opposing forces have been separated from each
other; and monitoring teams are located with
the forces of both sides so that their
maintenance of the ceasefire can be observed.
If any force does not comply with the ceasefire
agreement and with the Governor's directions it
will be acting unlawfully. The commanders on
both sides will be answerable to the Governor
for the maintenance of the ceasefire by their
respective forces. If there are breaches of the
ceasefire, it will be for the Commanders to
deal with these, through the machinery of the
Ceasefire Commission and with the assistance of
the monitoring force. If there are repeated and
sustained breaches of the ceasefire, the
Governor will have to decide what action to
take to deal with these with the forces which
have accepted his authority.
20. Our proposals are designed to bring about
reciprocal disengagement. The Rhodesian forces
will be monitored to the level of their sub-
JOCs and company bases from the first day of
the ceasefire. These arrangements will apply
to the Patriotic Front once they have
identified and assembled their forces at
places from which they too can be monitored
and be in contact with the Ceasefire
Commission. It is in their interests that they
should do so to enable the arrangements for
their security, accommodation and other agreed
requirements to be adequately provided for.
49
21. The assembly places allocated to the
Patriotic Front have been chosen in relation
to their operational areas and to the
requirement that they must not be in close
proximity to Rhodesian bases. They must
contain certain indispensable facilities,
including road access and an airstrip for the
re-supply of the Patriotic Front Forces and
the monitoring teams. We have made a selection
of assembly places which meet these criteria,
particularly the question of the security of
the Patriotic Front forces, about which the
Patriotic Front delegation have expressed
concern. I would like to make it quite clear
that the British Government cannot accept that
Patriotic Front forces which assemble under
the auspices of the monitoring force and which
accept the Governor's authority and comply
with his directions will be in any danger of
attack from other forces. There could, in
these circumstances, be no danger to their
security. I am conscious of the concern
expressed by the Patriotic Front that their
assembly places should not be in close
proximity to Rhodesian bases and that they
should not be "encircled". There has never
been any question of the Patriotic Front
forces being encircled. They will be under the
authority of their own commanders; and other
forces will not be in close proximity to them.
22. Our intention is to circulate to the
Conference later today maps prepared by our
military experts which will show where the
monitoring force will be located in relation to
the forces both during the process of assembly
and after it has been completed. In doing this,
we have taken account of the information which
the delegations have given us about their force
levels. The Salisbury delegation have declared
to us their force levels. These will be
rendered public as soon as the Patriotic Front
have put forward their own force levels. The
Rhodesian force levels include all the forces
mentioned by the Patriotic Front leaders,
including the guard force and auxiliaries.
These force levels correspond to our own
independent estimates, and we believe them to
be realistic.
23. In the absence of any information from the
Patriotic Front about their force levels inside
Rhodesia, we have been obliged to proceed on
the basis of our own independent estimates of
those force levels. These estimates reveal an
important disparity in numbers between the size
of the Rhodesian forces and of the Patriotic
Front forces. The arrangements we are proposing
for disengagement have to take account of this
disparity in numbers as well as of other
factors, including the need to make use of
logistic and other facilities. We have
therefore proposed that the Patriotic Front
forces should report to rendezvous points which
are spread throughout the country and which are
in close proximity to all their forces; and
that they should then assemble in places which
are situated in their operational areas; which
are not in close proximity to Rhodesian bases
and which are in locations which take account
of the need to enable the Patriotic Front
personnel assembled in them to feel secure. We
have similarly proposed that the Rhodesian
forces should be monitored down to the level of
their company bases.
24. I cannot stress too strongly the importance
of our having accurate knowledge of the
respective force levels. Both the other
delegations at this Conference have expressed
concern that the other side may have forces
inside Rhodesia or may bring forces into
Rhodesia which will not be monitored and
50
will not comply with the ceasefire. We have
proposed comprehensive arrangements for the
monitoring of the Rhodesian forces from
ceasefire day. It will not be possible to make
similar arrangements for the Patriotic Front
forces unless and until they assemble their
forces and give us firm assurances that they
will not move forces outside the country into
Rhodesia.
25. The Patriotic Front delegation have asked
on several occasions in this Conference about
the dispositions of the Rhodesian forces. The
maps which we shall be circulating this
afternoon will show that, given the balance of
the forces at present inside the country, the
monitoring force will be deployed to the
forces on both sides in proportions which are
related to their respective strengths. The
Rhodesian forces will, as I have already said,
have dis-engaged to the close vicinity of
their bases to allow the Patriotic Front
forces to assemble. What happens in the next
phase will depend crucially on what happens in
the assembly phase. If Patriotic Front forces
remain in the field or continue to be
introduced from outside the country, those
forces will be unlawful. If, however, all
Patriotic Front forces inside Rhodesia
assemble with their arms and there is no
further movement by externally-based Patriotic
Front forces into Rhodesia, there would be no
need in those circumstances for the Governor
to ask the Rhodesian forces to deploy from
their company bases.
26. Finally, I am conscious of the concern on
both sides about the situation which might
arise after the elections. I have made it
clear that if this is the general wish the
monitoring force would stay in Rhodesia until
the independence government is formed and
independence is granted; and would try to help
in overcoming any problems which might arise
in this period. It will be for the
independence government to request whatever
assistance it requires in the future training
or re-settlement of the forces.
27. Once our maps have been distributed to the
delegations this afternoon, we shall have given
the Conference the fullest possible exposition
of our plans. This is therefore the full
presentation of the British Government's
ceasefire proposals. The monitoring force is
standing by and is ready to go to Rhodesia in
the next few days. I have no doubt that, on
this basis, it will be possible to bring a
ceasefire into effect and to begin the assembly
process within the next few days. I hope that
when you have studied these papers, this
document and the maps, you will be able to give
us your earliest possible response.
51
ATTACHMENT TO CEASE-FIRE AGREEMENT RHODESIA:
CEASE-FIRE ARRANGEMENTS
1. The British Government puts forward the
following amplified proposals for the
establishment and maintenance of a
comprehensive monitored cease-fire agreement.
Basis of the Cease-fire
2. The purpose of the cease-fire is to bring an
immediate end to hostilities and to establish
peaceful conditions which will allow elections
to take place, the people of Zimbabwe to choose
their future government and Zimbabwe to become
independent on the terms which have been agreed
at this Conference. Given a commitment by all
the parties to abide by the results of the
elections, it will also provide a basis on
which post-war military problems can be
resolved by agreement and a lasting peace can
be established.
Responsibility for the Cease-fire
3. The Commanders of the forces involved will
be directly responsible to the Governor for the
maintenance of the cease-fire by all the forces
under their command.
4. The Governor will be assisted by a British
Military Adviser of the rank of Major-General.
The Rhodesian security forces and the Patriotic
Front will nominate equal numbers of military
representatives to a Cease-fire Commission
which will be established in Salisbury from the
beginning of the cease-fire. The Chairman of
the Commission will be the Governor's Military
Adviser. The Commission will meet as required
throughout the cease-fire. Its functions will
include:
(a) ensuring compliance with agreed
arrangements for the security and
activities of the forces;
(b) the investigation of actual or
threatened breaches of the cease-fire; and
(c) such other tasks as may be assigned to
it by the Governor in the interests of
maintaining the cease-fire.
The Commission will be independent of existing
command structures and the Governor may at his
discretion communicate with any commander
concerning the exercise of their functions. Any
member of the Commission may invite it to
discuss any question which appears to him to be
relevant to its functions.
Monitoring the Cease-fire
5. The British Government will be responsible
for the establishment of a monitoring force
which will assess and monitor impartially all
stages of the inception and maintenance of the
cease-fire by the forces and assist the
Ceasefire Commission in its tasks. The
organisations will operate under the authority
of the Governor and the command of his Military
Adviser. The Commanders of the Rhodesian
security forces and of the Patriotic Front
forces will be required to undertake to co-
operate fully with the monitoring force and to
52
provide it with whatever facilities are
necessary to assist it to discharge its
functions.
6. Elements of the monitoring force will be
assigned:
(a) to maintain contact with the Rhodesian
security forces and Patriotic Front
forces command structures throughout
Rhodesia;
(b) to monitor and observe the maintenance
of the cease-fire by the respective
forces; and
(c) to monitor agreed border-crossing
points and the use made of them in
accordance with such arrangements as may
be agreed in the context of the cease-
fire.
7. For this purpose liaison and monitoring
teams will be established as follows:
(a) five liaison teams, each led by a
senior officer (ie of the rank of
Lieutenant-Colonel) will be assigned to
maintain contact with each of the
security forces Joint Operations Commands
(JOCs);
(b) a number of teams of equivalent rank
will be assigned to maintain contact with
the Patriotic Front forces command
structure;
(c) fifteen teams, each led by a junior
officer (ie Captain or Lieutenant) will
be located with the security forces at
sub-JOC level;
(d) a number of teams led by a Lieutenant
or Senior NCO will be located at security
forces company base level;
(e) up to fifteen teams, each led by an
officer, will be located at places
designated for assembly of Patriotic
Front forces;
(f) up to twelve teams, each led by an
officer, will be located at border
crossing points; and
(g) two teams, each commanded by an officer
of the rank of Flight Lieutenant or
Squadron Leader, will be located at
military airfields.
8. The force will be organised under British
auspices; and the majority of its personnel
will be British. The Australian, New Zealand,
Kenyan and Fijian governments have agreed to
participate in the monitoring force. Members of
the force will carry weapons for their personal
protection only and will be provided with
vehicles and helicopters carrying a distinctive
marking. The force will be equipped with an
independent radio communications network.
Dispositions of the Forces
9. Disengagement of the forces will be
essential to an effective cease-fire and the
deployment of the monitoring force. The
activities of the security forces and their
maintenance of the cease-fire will be monitored
from their existing bases. In the case of the
Patriotic Front forces at present inside
Rhodesia, it will be essential that they should
assemble at pre-determined places so that their
maintenance of the cease-fire can be similarly
monitored and arrangements can be made for
their security, accommodation and other agreed
requirements.
10. Up to fifteen such places will be
designated for this purpose. In addition, a
larger number of intermediate collection
points will be designated to which
53
Patriotic Front personnel will report with
their arms and equipment during the initial
phase of the cease-fire and from which they
will make their way by agreed safe-routes to
their assembly places. A Patriotic Front
representative and a monitoring team will be
present at each intermediate collection point
during this phase. The police and defence
forces will not be involved in the assembly
process and will not be present at the
collection points. Patriotic Front personnel
will be guaranteed safe passage from the
collection points to their assembly places.
Cross-Border Activity
11. A major objective of the cease-fire
arrangements must be to secure a cessation of
all movement by the security forces into
neighbouring countries and by the Patriotic
Front forces into Rhodesia. The Governor will
be responsible for ensuring compliance with
this requirement by the forces inside Rhodesia.
The governments of Zambia, Botswana and
Mozambique will be invited to agree on
effective cross-border liaison arrangements to
ensure compliance with this requirement for
forces based outside Rhodesia and to prevent
cross-border movements by such forces. This
will involve the establishment of liaison
officers outside Rhodesia. At the same time,
provision must be made to permit the return of
civilian personnel to Rhodesia during the cease-
fire in order to vote or engage in other
peaceful political activity. Up to twelve
border crossing points will be established,
under the supervision of the monitoring force,
for this purpose.
The Time Scale
12. A fully effective cease-fire cannot come
into operation immediately. Time will be
required for the transmission of orders to
subordinate commanders in the field and for the
implementation of the agreed arrangements for
the separation of the opposing forces. But it
is essential that the cease-fire should be
brought into operation quickly if it is to be
effective. It is therefore proposed that as
soon as agreement has been reached on the cease-
fire:-
(a) All parties should issue instructions
forthwith for its implementation on a
given date. All cross-border military
activity will cease. Elements of the
monitoring force will be despatched to
Rhodesia;
(b) On cease-fire day the Cease-fire
Commission will be established. The
monitoring force will deploy to the
collection points and assembly places for
the Patriotic Front forces. All
hostilities within Rhodesia will cease.
The process of assembly of the forces
will begin immediately and should take
not more than seven days. The completion
of the deployment of the monitoring force
will have taken place by then.
13. During the cease-fire the responsibility
for the maintenance of law and order will rest
with the police, acting under the Governor's
authority and supervision. All forces which
have assembled and accepted the Governor's
authority and continue to comply with his
directions will be acting lawfully. Any forces
which fail to assemble, and fail to accept the
Governor's authority and abide by the cease-
fire agreement, will be acting unlawfully. The
primary responsibility for dealing with
breaches of the cease-fire will rest with the
54
Commanders on both sides, through the mechanism
of the Cease-fire Commission and with the
assistance of the liaison teams operating with
the forces at area level. It will be for the
Commanders to ensure, with the assistance of
the monitoring force, that breaches of the
cease-fire are contained and dealt with. In the
event of more general or sustained breaches of
the cease-fire, the Governor will have to
decide what action to take to deal with them
with the forces which have accepted his
authority.
Instructions to Military Personnel
14. The leaders on each side will ensure that
clear and precise instructions are issued to
all units and personnel under their command to
comply scrupulously with the agreed
arrangements for bringing the cease-fire into
effect. The leaders of the delegations at the
Conference will make announcements,
immediately following the conclusion of the
cease-fire agreement, which will be broadcast
regularly through all appropriate channels to
assist in ensuring that instructions to
maintain the cease-fire reach all the forces
under their command and are understood by the
public in general.
The Longer Term
15. An effective cease-fire during the pre-
independence period, a peaceful election
campaign and an election the result of which is
accepted and respected by all parties will
bring about a permanent end to the war. Many of
those at present under arms will wish to return
to civilian life. Others will wish to continue
to pursue a military career. Decisions on post-
war military planning will be a matter for the
government which will be constituted following
the elections and under which Zimbabwe will
become independent. The British Government will
be ready to assist with the re-training and
resettlement of those elements of the forces
which wish to pursue a civil career.
22 November 1979.
55
ATTACHMENT TO CEASE-FIRE AGREEMENT
RHODESIA: CEASE-FIRE NEGOTIATIONS
STATEMENT BY THE CHAIRMAN ON 15 DECEMBER 1979
1. I would like to open this session by
reminding delegations of the achievements of
this Conference; and achievements there have
been. Agreement has been reached on an
Independence Constitution providing for
genuine majority rule and thereby removing the
fundamental cause of the war. That was what it
was about. Bishop Muzorewa and his colleagues
agreed to hand over authority to a British
Governor who is now in Salisbury. The
Governor's task is to organise elections in
which all parties can participate freely.
Agreement has also been reached on our cease-
fire proposals. We have now set out their
detailed implementation.
2. In order to meet various concerns expressed
by the Patriotic Front and to explain our basic
proposals, I made a statement on 28 November
which was designed to help the Patriotic Front
to agree to the cease-fire proposals; and I am
very glad that this helped them to do so. In
order to meet further concerns expressed by the
Patriotic Front and to explain fully our
detailed proposals I made a full statement on
11 December and circulated maps to the other
delegations to the Conference. My statement of
11 December is incorporated in the final
Conference documents.
3. The Patriotic Front have expressed concern
about the number of assembly places allocated
to them in relation to the size of their
forces. Equally strongly felt anxieties have
been expressed by the Salisbury delegation as
to whether there will be an effective assembly
and a cessation of cross-border movement. I can
assure the Patriotic Front, however, that if
the Patriotic Front forces at present in
Rhodesia assemble with their arms and equipment
in numbers greater than can be dealt with at
the assembly places designated in the cease-
fire agreement, the Governor will assess the
need for additional sites in relation to the
successful accomplishment of the assembly
process by the Patriotic Front forces and in
relation to the dispositions of their forces.
4. This Conference has now been in session for
fourteen weeks. All the issues have been
exhaustively discussed. With agreement on the
Independence Constitution, a return to legality
and free elections in which all parties can
participate there can be no reason for anyone
to continue the war. The whole purpose of our
proposals is to offer everyone an alternative
to continuing the war. We cannot oblige any
party to accept that alternative; but we do not
believe that others will readily understand a
decision by any party to continue the war
against a lawful authority established to
enable elections to be held in which all
parties can participate. It will be a matter of
very grave disappointment to everybody if it is
not possible to reach overall agreement at the
Conference after all we have achieved.
5. I hope that both delegations will be able to
agree to the documents we circulated to the
Conference on 13 December and to agree to
initial them.
56
Signature could then follow very quickly
indeed. A cease-fire will then come into
effect bringing peace to the people of
Rhodesia and the neighbouring countries.
6. I cannot emphasise too strongly that it is
my profound conviction that to deny the people
of Rhodesia this opportunity to resolve their
problems by peaceful means would be
unforgivable. Immense benefits would flow from
the signature of these agreements for them and
for the people of the other countries who have
suffered so much from the war. In other words
a peaceful settlement is now, after 14 weeks,
today within your grasp.
7. I cannot oblige anyone to take the
decisions necessary to enable such a
settlement to be put into effect. But I hope
that everyone will reflect very seriously on
the consequences and the responsibility for a
failure to agree to a cease-fire, the
essential purpose of which is to enable all
the parties to campaign freely throughout the
country in elections held under our authority.
I ask therefore whether the other delegations
are prepared to initial the documents.
57
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