Makuvise Fadzai

R214838H

LLBS

Foundations to Zimbabwean Law

a) Identify and summarize provisions in the constitution of Zimbabwe that show the influence of
philosophy and religion and discuss which camp of philosophy you consider to have the most underlying
influence on the constitution.

b) Using examples drawn from the precolonial, colonial and post colonial laws and history of Zimbabwe
and that of the Roman State , discuss the relationship between law and philosophy and to what extent
these have been used to justify; maintain and advance a society based on the class; gender and racial
oppression and exploitation of the majority by the ruling class.

a) There are provisions in the constitution of Zimbabwe that show the influence of philosophy and
religion.These include the preamble; section 56; section 80 and section 89 of the constitution.Both
camps of philosophy have an influence on the constitution although idealism has the most influence to a
greater extent.

To start with, idealism has the most underlying influence on the constitution of Zimbabwe considering
the preamble which acknowledges the supremacy of the Almighty God,resolve by the tenents of the
constitution.lmporing the guidance and support of Almighty God.This therefore clearly shows that
idealism has the most underlying influence on the constitution of Zimbabwe.

Philosophy refers to the study of the development of human thinking about the natural world and man's
place in it.ldealism believes that consciousness is primary foundation for everything that exists and
elevates the mind , thought and spirit over material things.According to Section 56 of the Zimbabwean
constitution,all persoms are equal before the law and have the right to equal protection and benefit of
the law.Everyone having the right to equal treatment including the right to equal opportunities.Section
80 of the constitution states that the president is the head of the state and government commander in
chief of the defence forces.The bible acknowledges this when it talks about respecting kimgs and rulers
that would be in place and give them their position as they are belived to be God ordained.

Moreso,what influenced the presence of idealism in our constitution is the christian religion
which was brought by the whites when they colonised Zimbabwe.This is reflected by section 56
of the constitution were it states equality between all persons and having the right not to be
treated in an unfairly discriminatory manner on such grounds as their nationality,race and
color.According to christianity everyone os equal in the eyes of God.
Moreso,there is a shona statement which says "Mwari wemasimba ose" meaning all powerful
leader.This is reflected by section 89 of the constitution were the president is the head of the
state and commander in chief meaning having all powers.Therefore, idealism is the camp of
philosophy which has the most underlying influence on the Zimbabwean constitution.

Moreover; idealism broadly influence the constitution of Zimbabwe, considering the law of
nature created by the Almighty.These include the right to absolute liberty which encompasses
right to life,to health and possession.Again, right to equality of all human beings since they are
all created in the image of the same God.According to Genesis 2vs21 only exception is were the
Lord and Master of them all should be by any manifest declaration of his will set one above
another and confer on him by an evident and clear appointment and undoubted right to
dominion and sovereignty.

Overally, idealism is the camp of philosophy that has the most underlying influence on the
constitution of Zimbabwe.

b)The essay explains how law is used by the ruling class to exploit the majority using examples
from the precolonial , colonial and post colonial.

Firstly, law promotes and favours the ruling class as they are the ones who enact the laws to
their advantage.According to Makamure,he adopted the definition of the Marxist theory that
define law by linking it to it's purpose.lt suggest that law is a component of the superstructure
that is controlled by the economic structure.The ruling class own the means of production and
control the economic structure and use law to protect its interests.When the minority controls
the means of production they eventually become politically dominant.Therefore, the
economically dominant which is the ruling class uses law to promote class rule.

Moreso, according to Madhuku law refers to rules and regulations that govern human conduct
or other societal relations and are emforcible by the state.The purpose and function of law is to
do justice and preserve peace and order.Madhuku however suggest that Marxist theory of law
exaggerates the extent to which law is an instrument of the ruling class.Makamure submits that
justice in the capitalist society serves the interests of the ruling class.

In addition, during the precolonial period there was the development of productive forces and
social division of labour.There was the emergency of surplus value which resulted in believing
that men are superior to women thus reducing their role in production and is shown by the
Bantu proverb "hakuna zumbu rinokukurudza machongwe maviri"(there can not be 2 cocks in
one chicken run).The bible again is in support on Genesis 9vs 7 "be fruitful and multiply". There
was an increased demand for labor because of increased productivity and surplus value and
was to be achieved by bearing many children and slaves turning into labourers thus creating
social inequalities.There was the emergency of state and law because of the changes which
occured in the superstructure.

Moreover,in the precolonial period objective idealism is reflected.The ruling family was
considered superior and close to God called Mwari in the Mutapa state.Class interests were
reflected by having kings and chiefs who controlled land and means of production at the
expense of the working class.They would lease land to them and could take it anytime.This is
reflected by the shona idiom "chisi chako masimba mashoma"(the lease does not control over
the leased land compared to the owner.Henceforth,law emerged so as to maintain order and
peace although it protects and advance the elite groups who had dominance economic
wise.According to Madhuku inline with Karl Marx, state and law emerged to minimise class and
social conflicts but not for equal benefit of all but designed to protect the interests of the ruling
class.

Furthermore, during the colonial period law was used to protect the interests of the
whites.Whites owned the means of production and used blacks to make profit.The working
class provided their labour getting a minimum wage.According to Zvobgo he submits that in
Zimbabwe law has to be reformed to address the inequalities which subjects Africans.Africans
were imposed with many taxes such as hut tax . Again,the law gave political rights to the
minority group who were whites and not to blacks the majority who were poor.There were
unequal voters rolls based on race. Therefore, during the colonial period,law was used to show
inequality between blacks and whites.

However,law does not only protect the interests of the ruling class but also provide justice
which is accepted by all legal systems.Although what is just to one person maybe unjust to
another.According to Karl Marx, the ruling class is free to legislate what it wishes.Law is present
to enforce morality although to the mortality reflected is that of the dominant group for
example section 78(3) of the constitution homosexuals are worse than pigs.According to
Madhuku law preserves peace and order most importantly.

In conclusion,to a greater extent law peotects the interests of the economic and political
dominant groups which is the ruling class and they themselves emacts the laws.However,law
does enforce peace and order ,morality as well as justice.