Constitution of Rwizikuru, 2020

The Constitution of Rwizikuru, 2020 (Rwizi: Bumbiro reRwizikuru) is the governing document of the Kingdom of Rwizikuru.

It was first announced by Kupakwashe Ngonidzashe on 2 August, 2019, as part of a deal with the Global Institute of Fiscal Affairs, in which Rwizikuru would receive €100,000,000, which also included structural adjustment: as the terms included removing the Rwizikuran monarch's financial powers, a constitution was seen as necessary to replace the Basic Law of Rwizikuru. On 1 October, 2019, after preparations by both Kupakwashe Ngonidzashe and Munashe Ngonidzashe, and electing twelve of the twenty-seven members of the constitutional assembly, new monarch Munashe Ngonidzashe formally began the proceedings.

After around four months, the final draft of the constitution was approved by the members of the constitutional convention, and was subsequently promulgated by Munashe Ngonidzashe on 17 January, 2020, and scheduled the first Rwizikuran elections to take place on 3 April, 2020.

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Preamble

Since the implementation of the Rwizikuran Basic Law in 1964, our loyal subjects have been denied the right to have a meaningful voice in the affairs affecting the Rwizikuran nation

Over the past few decades, it has become abundantly clear that Rwizikurans are no longer content with the absolute monarchy currently in place

With the Rwizikurans now in a better position than under the Father of the Nation and Izibongo the Great's rule, it is clear that the Rwizikurans have now achieved the capacity to govern themselves

Therefore, we promulgate this constitution, to balance the interests of our loyal subjects, and the traditional systems that we have in place

Chapter 1: Governance

Article 1: Executive

• §1 The Rwizikuran monarchy shall remain in place, but shall only exercise the powers of a head of state
  • §1a He must approve all bills: if he vetoes the bill, the National Assembly may override the veto with a 50% vote
    • i) The Mambo of Rwizikuru cannot veto any money bills
  • §1b The Mambo of Rwizikuru can only issue decrees which concerns the House of Ngonidzashe and the line of succession to the Rwizikuran throne: he may not issue any decrees for any other affair
  • §1c The Mambo of Rwizikuru still has the power to pardon any criminal, excluding those convicted of heinous crimes, or of corruption
• §2 The head of government shall be the Mutungamiri, who shall be a member of the National Assembly, selected from amongst the members, and elected with a simple majority of the vote from all legislators
  • §2a The cabinet shall also be selected from amongst the members of the National Assembly, and elected with a simple majority of the vote
• §3 The monarch can only act with the approval of the Mutungamiri of Rwizikuru

Article 2: Legislature

• §1 The legislature of the Kingdom of Rwizikuru shall be the National Assembly
  • §1a The National Assembly shall comprise of one hundred (100) members, with distributions subject to change at the end of each decennial census
    • i) All provinces must have a minimum of one member of the national assembly
    • ii) The first elections to the National Assembly shall be distributed in the manner listed in the first additional article
  • §1b All members of the National Assembly must be independent in accordance of the traditional virtues of consensus government
    • i) Political parties may exist, and candidates can be affiliated with them, but all political party members must renounce their membership before being sworn into the National Assembly
    • ii) Persons convicted of corruption, or those with charges awaiting trial cannot run for office under any circumstances
  • §1d The National Assembly has a maximum term of every four (4) years, and is elected by all citizens over the age of eighteen (18) years of age
    • i) Elections may be held earlier if the government loses confidence, and the National Assembly cannot select a replacement from among themselves for the Mutungamiri and/or his cabinet after three (3) months or if the National Assembly is unable to elect a Mutungamiri after the first elections after three (3) months
  • §1d The head of the National Assembly shall be the mutauri, elected by the National Assembly from one of their own in accordance with the procedures listed in the second section of the first article of this chapter
    • i) To prevent an abuse of power like what had occurred under Izibongo Ngonidzashe's term as mutauri from 1950 to 1954, the mutauri can only remove an MNA for disorderly conduct after a vote, and can only remove an MNA from their position for five (5) days on the first offence, and twenty (20) days after the second and any subsequent offences
• §2 The National Assembly is empowered to pass any legislation on any topic, so long as it does not conflict with the constitution
  • §2a The only topics which the National Assembly may not pass any legislation are listed in subsection b of the first section of the first article of this chapter
• §3 The National Assembly must meet at least once every twelve (12) months

Article 3: Judiciary

• §1 The justice system of the Kingdom of Rwizikuru shall be based off the common law
  • §1a All laws currently in effect that are not in conflict with this constitution shall continue to apply until otherwise repealed or contradicted by newer legislation
• §2 Organizes the judicial system of the Kingdom in a manner similar to the republican constitution: to this end,
  • §2a Magistrates' courts, empowered to hear cases involving summary offences, or any instance of juvenile delinquency
  • §2b District courts, empowered to hear cases involving civil and family law
  • §2c Courts of the Assizes, empowered to hear cases involving indictable offences, and appeals from both the magistrates' courts and the district courts
  • §2d High Court, empowered to hear appeals from the Assizes
  • §2e Military courts, empowered to hear cases committed in the armed forces, regardless of whether it is a summary or indictable offence
  • §2f Administrative courts, empowered to hear any case involving administration law
  • §2g Court of Appeals, empowered to hear appeals from all lower courts
  • §2h Supreme Court of Rwizikuru, the court of last resort, and hearing appeals from the Court of Appeals
    • i) The Supreme Court shall comprise of nine members, appointed by the President on the advice of his cabinet, and approved by the National Assembly with a three-fifths (3/5ths) majority
    • ii) The Supreme Court shall be empowered to conduct judicial review in the event it is unclear that the law conflicts with the constitution

Article 4: Administrative divisions

• §1 The Kingdom of Rwizikuru is divided into seven (7) provinces, with the borders existing as they do today
  • §1a In alphabetical order, their names are Gutaguru, Manathea, Midlands, North Balisaland, Northern Territory, South Balisaland, and Thongaland
• §2 Each governor overseeing a province shall be appointed by the monarch, after consultation with the Mutungamiri and his cabinet, to serve at His Majesty's pleasure
  • §2a The National Assembly may veto the candidate chosen by the government with a simple majority
• §3 The matunhu shall receive any and all powers delegated to them by the National Assembly, although the judiciary may revoke these powers if these powers get abused

Chapter 2: Rights and freedoms

Article 1: Language

• §1 The official languages of the Kingdom of Rwizikuru are the Rwizi language, by virtue of it being the native language of the Rwizikuran nation, and Estmerish, by virtue of it being a language of inter-ethnic communication
• §2 Declares Gaullican and Molisa to be recognized as minority languages, by virtue of these languages being spoken by significant minority populations
• §3 All Rwizikurans have the right to receive governmental services and be educated in Rwizi nationwide, to enable the development of an equal society
  • §3a If more than five percent of the population (5%) of a given area speaks a given minority language as listed in this article, all governmental services and education should be provided in the minority language in that area

Article 2: Religion

• §1 The Kingdom of Rwizikuru, having learned from the mistakes made in the rule of Izibongo Ngonidzashe, declare that Rwizikuru is to be a secular state, with no involvement in religious affairs
• §2 To this end, all people in the Kingdom of Rwizikuru shall have the right to practice their religion freely, so long as their practices do not violate another person's dignity and basic human rights

Article 3: Democratic rights

• §1 All citizens who are over the age of eighteen (18) years have the right to vote and run for public office, unless convicted of treason, sedition, or corruption, or awaiting trial for a corruption case
• §2 All citizens have the right to be informed of the government's day-to-day operations, and to respond and comment on these issues
  • §2a The government may be allowed to refuse to disclose information that could threaten the nation's security, so long as said information is relevant and current

Article 4: Legal rights

• §1 All people in Rwizikuru have the right to life, liberty, and security
• §2 All people in Rwizikuru shall have the right to be protected from unreasonable search and seizure
• §3 No person in Rwizikuru may be detained arbitrarily
• §4 All people in Rwizikuru shall have the right to legal counsel and to be guaranteed habeas corpus
• §5 All people in Rwizikuru shall be presumed innocent until proven guilty in a court of law
  • §5a This does not apply to people charged with any corruption offence: in these instances, all such defendants shall be presumed guilty until proven innocent
• §6 All people in Rwizikuru shall be protected from cruel and unusual punishment and from incriminating themselves
• §7 All people in the Rwizikuru shall be treated equally in a court of law

Article 5: Fundamental freedoms

• §1 All people in Rwizikuru shall have the right to the freedoms of speech, of thought, and of expression
• §2 All people in Rwizikuru shall have freedom of the press to report on pressing issues unmolested by government or by any private citizen
• §3 All people in Rwizikuru shall have the right to engage in free association and assemble in public spaces, so long as they do not violate the laws of Rwizikuru
• §4 All persons in Rwizikuru shall have the right to own property in the country, and to not have their property seized by the government, regardless of whether it is from the national government, or a provincial government, unless duly compensated by the government that seeks to use said private property

Chapter 3: Responsibilities and duties

Article 1: Responsibilities by the government

• §1 The government of Rwizikuru shall be responsible for providing a high-quality universal healthcare to all persons, and a high-quality education system to all children
  • §1a Urges all succeeding governments to make efforts to improve the quality of Rwizikuran healthcare and education so that within ten years, it will be of a high standard of living
  • §1b Prohibits any succeeding governments from privatising Rwizikuru's healthcare system and educational system, in order to ensure that it will benefit all people in Rwizikuru
• §2 The government of Rwizikuru shall be responsible for ensuring that all monies are accounted for, and used for the public good
  • §2a To this end, the government shall be empowered to make regular audits of all government officials and employees to ensure that they are not embezzling money from the state
• §3 The government of Rwizikuru shall be responsible for maintaining The Rwizikuran as a newspaper of record, and NMR to help bind the nation via radio and television
  • §3a To this end, these cannot be privatised, in order to ensure that these will remain free of bias
• §4 The government of Rwizikuru shall have the responsibility to produce balanced budgets and surpluses, in order to pay off the debt incurred under preceding governments over the past seventy-four years
  • §4a Once the debt is paid off, the government has the responsibility to not go into debt under any conditions, and if it does go into debt, to ensure that the new debt gets paid off
  • §4b This section shall not be used as an excuse to shirk the nation's responsibilities as listed in the first and third sections of this article

Article 2: Responsibilities by the people

• §1 All Rwizikurans who are able to afford the costs have an obligation to help the less-fortunate by providing them with food, money, and care
• §2 All Rwizikuran children have the responsibility for attending school until the school leaving age
• §3 All people in Rwizikuru have an obligation to not attempt to bribe or corrupt any government official, and to refuse any offers by officials which would corrupt their very position
• §4 All Rwizikurans have an obligation to respect their elders, and the traditional institutions of the Rwizi nation
• §5 All people in Rwizikuru have an obligation to not undermine the Rwizikuran nation by advocating for special rights based on ethnicity, language, religion, and/or sexuality
• §6 All Rwizikurans have an obligation to their fellow Rwizikurans to only engage in heterosexual relations
• §7 All people in Rwizikuru have an obligation to preserve the culture of the Rwizikuran nation
  • §7a This does not mean that the culture of the Rwizikuran nation cannot evolve, but the evolution must be controlled so that it does not become too northernised
• §8 All citizens of Rwizikuru have an obligation to, when asked, serve on a jury or enlist in the Royal Rwizikuran Armed Forces
• §9 All Rwizikurans have an obligation to hold the government accountable in the event that the government shirks any of their responsibility in favour of their own self-interests
• §10 All people in Rwizikuru have the obligation to obey any and all laws, in order to maintain the country's public order and safety

Chapter 4: Amendments and limitations

Article 1: Amendments

• §1 Any amendment to this constitution must first be proposed in the National Assembly
• §2 Amendments require:
  • §2a A simple majority for the fifth chapter of this constitution, as well as any amendment to this constitution
  • §2b A three-quarters (3/4ths) majority for the first, and second chapters of this constitution
  • §2c Unanimous consent by the National Assembly for the third and fourth chapters of this constitution, followed by a referendum
    • i) The referendum must have a turnout of at least seventy-five percent (75%) of all eligible voters, and have two-thirds (2/3rds) of those voting vote in favour of the amendment
  • §2d To not affect the ban on corruption and on the Mambo's prohibition of interfering with the day-to-day affairs of the National Assembly
• §3 The Mambo has the discretion to approve any amendment:
  • §3a If the Mambo grants assent to the amendment, it shall enter law, unless it violates subsection d of the second section of this article
  • §3b Otherwise, it returns to the National Assembly, where the veto may be overturned with a three-quarters (3/4ths) majority
  • §3c Should the amendment violate subsection d of the second section of this article, the amendment shall be considered null and void, and therefore, unenforceable

Article 2: Limitation clause

• §1 In the event that passed legislation violates the constitution, and it is declared unconstitutional by the Supreme Court, it must review whether the legislation can still remain in effect
• §2 The government has the duty to prove during the review that the benefits of the offending legislation outweigh any substantial risks
  • §2a Should said legislation conflict with subsection d of the second section of the first article of this chapter, any such legislation is to be deemed null and void
• §3 Should the Supreme Court accept the government's arguments, the legislation will stay in effect, even if it is declared unconstitutional

Article 3: State of emergency

• §1 In the event of insurrection or a natural disaster, the government has the power to declare a state of emergency
  • §1a The state of emergency can last up to one hundred and eighty (180) days, before it has to be renewed by the National Assembly
  • §1b It may only be renewed once in a five (5) year period
• §2 During a state of emergency, martial law may be implemented, and the sections of the constitution enumerated here may be suspended:
  • §2a The second article of the first chapter of this constitution, such that the Mutungamiri and his cabinet shall fulfill the roles of government
  • §2b The third article of the first chapter of this constitution, such that all cases shall be tried before military courts
    • i) All legal rights listed in the fourth article of the second chapter shall remain in effect, although subject to restrictions based on military law
  • §2c The third article of the second chapter of this constitution
  • §2d The fifth article of the second chapter of this constitution, such that restrictions on sections 1, 2, and 3 may be imposed to protect Rwizikuru from subversive agents wishing to take advantage of the current situation to undermine the Rwizikuran nation
  • §2e The fourth section of the first article of the third chapter of this constitution, so long as the debt incurred during this period is to be paid back after the state of emergency has concluded
  • §2d The second article of this chapter of this constitution, excluding subsection a of the second section of the aforementioned article
  • §2e Anything not mentioned in this section of this article cannot be suspended, without a unanimous vote from the National Assembly

Chapter 5: Technical details

Article 1: Language

• §1 This constitution shall be valid in the Rwizi and Estmerish languages
• §2 If there is any dispute based on translations into other official or minority languages, as listed in the second section of the first article of the second chapter, the Rwizi version shall be seen as the authoritative text, with the Rwizi version taking precedence over the Estmerish version, which in turn shall take precedent over any minority language

Article 2: Citation

• §1 This constitution may be cited as the Constitution of Rwizikuru, 2020

Amendments

Additional articles

Article 1: Seat distribution

The following provinces shall receive the following seats for the first elections to the reconstituted National Assembly, as well as any further national election taking place prior to the 2021 census:

• Manathea shall receive fourty-five (45) seats
• South Balisaland shall receive eightteen (18) seats
• Midlands shall receive fifteen (15) seats
• Thongaland shall receive ten (10) seats
• Northern Territory shall receive six (6) seats
• North Balisaland shall receive five (5) seats
• Gutaguru shall receive one (1) seat

Article 2: National symbols

The national symbols shall remain those listed in the Basic Law of Rwizikuru.

Article 3: Citizenship

A citizen of the Kingdom of Rwizikuru shall be defined as being:

• §1 Any person already having Rwizikuran citizenship on the date this constitution has been promulgated
• §2 The children of any such Rwizikuran citizen, irrespective of whether the citizen is a father or mother, and not regarding where the child is born
• §3 Any person who has resided for at least three (3) continuous years in a five (5) year period, and has passed a citizenship exam
• §4 Any person granted honourary citizenship of the Kingdom of Rwizikuru by the National Assembly