The law firm of choice for internationally focused companies

+263 242 744 677

admin@tsazim.com

4 Gunhill Avenue,

Harare, Zimbabwe

Advocacy groups pull out of constitution amendment hearings

HARARE

Three
constitutional
advocacy
organisations
have
formally
withdrawn
from
the
ongoing
public
hearings
on
the
proposed
Constitutional
Amendment
Bill
No.
3,
declaring
the
process
a
sham
and
announcing
a
coordinated
citizen-driven
campaign
in
its
place.

Jameson
Timba,
convenor
of
the
Defend
the
Constitution
Platform
(DCP),
made
the
announcement
at
a
joint
press
conference
in
Harare
on
Wednesday,
flanked
by
veteran
opposition
leader
Tendai
Biti
of
the
Constitutional
Defenders
Forum
(CDF)
and
Professor
Lovemore
Madhuku
of
the
National
Constitutional
Assembly
(NCA).

The
Bill,
which
has
ignited
fierce
opposition
across
civil
society,
proposes
a
series
of
far-reaching
changes
to
Zimbabwe’s
constitutional
order.
Among
its
most
contentious
provisions
is
a
proposal
to
extend
the
presidential
term
of
office
by
two
years,
designed
to
keep
President
Emmerson
Mnangagwa
in
power
beyond
2028.

The
Bill
also
proposes
that
the
president
be
elected
by
Members
of
Parliament
rather
than
directly
by
the
people

a
fundamental
shift
away
from
popular
suffrage.

Other
amendments
would
grant
the
president
the
power
to
appoint
10
senators,
further
consolidating
executive
control
over
the
legislature.
Opponents
argue
that
taken
together,
the
amendments
represent
a
deliberate
dismantling
of
the
checks
and
balances
enshrined
in
the
2013
constitution.

“This
is
not
consultation.
It
is
orchestration,”
Timba
said
of
an
outreach
by
parliament
to
canvass
public
opinion
on
the
planned
amendments
to
the
constitution.

He
cited
what
he
described
as
the
systematic
exclusion
of
dissenting
voices,
intimidation
of
citizens,
and
outright
violence
against
those
who
sought
to
speak
against
the
Bill.

“What
we
witnessed
on
March
31
in
Harare,
and
indeed
in
other
parts
of
the
country,
cannot
be
described
as
a
genuine
consultative
process,”
Timba
said.

“Citizens
were
denied
the
opportunity
to
speak,
voices
were
drowned
out,
and
in
some
instances,
violence
and
intimidation
were
deployed
against
those
expressing
dissenting
views.”

The
three
organisations
said
they
could
no
longer
participate
in
or
lend
legitimacy
to
a
process
they
described
as
“fundamentally
flawed”
and
inconsistent
with
the
spirit
and
letter
of
the
constitution.

The
March
30
to
April
2
public
consultations,
which
are
non-binding,
will
culminate
in
a
vote
on
the
Bill
by
MPs,
likely
on
May.

The
groups
were
emphatic
that
their
withdrawal
from
the
hearings
did
not
signal
a
retreat
from
the
constitutional
struggle.
Timba
announced
that
the
DCP
would
establish
a
framework
for
lawful
civic
engagement
anchored
in
Section
59
of
the
constitution,
which
guarantees
the
right
to
demonstrate
and
present
petitions
peacefully.

The
platform,
he
said,
would
give
citizens
the
ability
to
express
their
views
freely,
participate
in
organised
civic
action,
and
assert
their
constitutional
rights.

The
three
organisations
also
issued
a
joint
demand
for
a
proper,
comprehensive
consultation
process
to
be
conducted
in
every
constituency
across
the
country.

The
DCP,
CDF
and
NCA
announced
they
would
establish
a
coordinated
framework
to
act
collectively
in
defence
of
the
constitution.
Timba
said
they
would
also
be
reaching
out
to
a
broader
coalition
of
stakeholders,
including
the
church
and
war
veterans’
organisations.

“This
is
not
about
organisations,”
Timba
said.
“It
is
about
the
people.
It
is
about
ensuring
that
the
constitution
remains
a
true
expression
of
their
will.”

The
driving
demand
by
the
organisations
is
that
the
amendments
be
subjected
to
a
referendum,
which
they
argue
is
a
constitutional
requirement.
“We
cannot
legitimise
a
process
that
silences
the
very
people
it
claims
to
consult.
The
constitution
belongs
to
the
people
of
Zimbabwe,
and
its
future
must
be
determined
by
them,
not
imposed
upon
them,”
Timba
said.

He
called
on
all
Zimbabweans
to
remain
peaceful,
vigilant
and
engaged,
declaring
that
the
defence
of
the
constitution
was
now
firmly
in
the
hands
of
citizens.