An assessment of the domestic framework for protecting socio-economic rights under the constitution of Zimbabwe of 2013

Abstract

Socio-economic inequality is deep-rooted in Zimbabwe due to a number of factors chief among them being the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many stranded without the recourse to the law particularly protection by the Constitution. To correct this historic anomaly, the 2013 Constitution was enacted. Significantly, the 2013 Constitution protects both civil and political rights and socio-economic rights in the same manner as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order. In order to ensure that socio-economic rights are effectively protected and enforced, this study identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, it identifies the specific rights protected under the Constitution and the obligations imposed by these rights. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The study further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law. Furthermore, this study argues that strictly adopting either of the two models of review namely the reasonableness approach as adopted by South African courts or minimum core approach as expounded by the United Nations Committee on Economic Social and Cultural Rights (CESCR) will inhibit the proper enforcement of the protected rights. Instead, courts should consider adopting an integrated model that includes the two named approaches to ensure that socio-economic rights are effectively protected and realised.