Source: Fresh legal storm over CAB 3 -Newsday Zimbabwe
THE passing of the controversial Constitution Amendment No. 3 Bill (CAB 3) has cleared the way for numerous court challenges against legislation that seeks to extend President Emmerson Mnangagwa’s tenure beyond constitutionally mandated limits.
The Bill cleared its final stage in the National Assembly on Tuesday during an extraordinary sitting convened by the President after legislators reconsidered amendments proposed by the Senate.
It was approved by 226 votes, with 41 opposition legislators from the Citizens Coalition for Change (CCC) voting against it.
The Bill now awaits Mnangagwa’s signature.
However, war veteran Reuben Zulu has already launched an urgent High Court application seeking to halt the processing of CAB 3, following the fallout from controversial cash and car gifts given to Members of Parliament by businessman Wicknell Chivayo.
Zulu argued in his application that Parliament’s approval of the proposed constitutional changes was “contaminated” by allegations of corruption and unlawful inducements offered to MPs.
The application was filed on Tuesday, the same day the National Assembly approved the Bill.
Zulu was one of six applicants who previously approached the Constitutional Court seeking to invalidate the process leading to the Bill’s introduction, he is represented by constitutional expert Lovemore Madhuku.
In this latest application, he seeks an interim interdict preventing the Speaker of Parliament, the Clerk of Parliament, and other officials from certifying or presenting the Bill to the President for assent pending the determination of the case.
Madhuku has also filed two additional constitutional applications challenging the Bill — one on behalf of war veterans and another for CCC legislator Prince Dubeko Sibanda — against the Senate amendments adopted by the National Assembly.
Political analyst Blessing Vava stated that the completion of the parliamentary process is likely to trigger a fresh wave of constitutional litigation.
Vava argued there are credible grounds to claim that Parliament failed to comply with mandatory constitutional procedures, particularly those relating to public participation and other safeguards.
He said several legal applications had effectively been put on hold pending the conclusion of Parliament’s deliberations and expected new challenges to be filed now that the legislative process is complete.
Vava further contended that the proposed amendment to Section 328(7), which protects presidential term limits, must be subjected to a national referendum before it can become law.
“In my view, the provisions dealing with the extension of term limits ought to be subjected to a national referendum, as required by the Constitution,” Vava said.
He added that the completion of the parliamentary stage should not necessarily mark the end of the amendment process.
He criticised the positions taken by National Assembly Speaker Jacob Mudenda and Justice minister Ziyambi Ziyambi, who maintain that a referendum is unnecessary.
Vava considers that interpretation inconsistent with the spirit and intent of the Constitution, reflecting an attempt to expedite the amendment without affording citizens the opportunity to vote on a fundamental constitutional question.
He suggested that those opposing the Bill could use “lawful democratic” means to defend constitutionalism through peaceful civic action and public advocacy.
He also called on churches to engage the President to either withhold assent or refer the Bill to a referendum, while encouraging civil society organisations to engage regional bodies such as the southern African Development Community (Sadc) and the diplomatic community.
Opposition politician Jameson Timba argued that a specific Senate amendment — providing that the Vice-President last designated to act under Section 100 would automatically become Acting President in the event of a vacancy — alters political incentives surrounding succession.
Under the 2013 Constitution, the first Vice-President automatically succeeded the President for the remainder of the term.
Constitution Amendment No. 2 replaced that system by allowing the governing party to nominate a successor.
CAB 3 now proposes giving Parliament the power to elect a new President within 30 days, while the Vice-President who last served as Acting President temporarily assumes authority.
According to Timba, this amendment could intensify competition within the Executive, as routine acting appointments may increasingly be viewed as signals for future presidential succession.
CAB 3 has generated intense legal and political debate because, among its key provisions, it seeks to extend the terms of the President, Parliament, and local authorities by two years until 2030.
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