Video wird geladen...

Video konnte nicht geladen werden

Zur Startseite

🔴Changing the constitution to remove or extend terms of office for the President is not in the national interest or good for the country as it only serves the interests of President Emmerson Mnangagwa and those around him, says Lovemore Madhuku, a professor of law. Zanu PF itself is...

43,546 Aufrufe • vor 10 Monaten •via X (Twitter)

0 Kommentare

Keine Kommentare verfügbar

Kommentare vom Original-Post werden hier angezeigt

Ähnliche Videos

Professor Lovemore Madhuku in his Own Words Making the Case for Parliament to Indirectly Elect the President as an Electoral College: “We must not put in the Constitution of the country a provision that is dependant on what happens in a political party. That’s the point I’m making. We must never say in our Constitution of Zimbabwe that if a sitting President dies or resigns, we will wait to hear what the political party of that President is saying. No. That is not the best way of running a country. Political parties remain the preserve of those people who are in those political parties. But the country is run on the basis of either an election by the people—direct election—or you have Parliament as an institution sitting as an electoral college. Where parties have influence, they must do the influence within Parliament, but never to allow the political party to sit there to say I’m giving you this President, and so forth. That’s the point I’m making. And on that point, I’m making it right across the world; that’s what they do.” - Professor Madhuku, addressing a “Heal Zimbabwe Trust” public meeting in Harare on 22 February 2020. COMMENT: Professor Lovemore Madhuku’s 2020 remarks make a clear, powerful and enduring case for Clause 3 of the Constitution of Zimbabwe (Amendment No. 3) H.B.I. Bill, 2026. This clause replaces the direct election of the President with an indirect election by Parliament sitting jointly as an electoral college; both after every general election and, when necessary, to fill any vacancy in the office of President. The current direct election of the President was first introduced in anticipation of a legislated one-party-one-man rule through Constitution Amendment No. 7, Act 1987 in the old Lancaster Constitution repealed in 2013. Professor Madhuku put it plainly: The Constitution should not—as it currently does— depend on the internal decisions of a political party to select a successor to the President of the country. When a sitting President dies, resigns or is removed, the nation should not have to wait and hear what that President’s political party “is saying.” That is not a constitutionally proper way to run a country. Political parties exist for their own members. The country, however, belongs to all Zimbabweans. The proper solution is straightforward: Parliament—the institution chosen by the people—should act as the electoral college. Inside that open forum, parties may exercise their influence transparently and accountably. No party should ever stand outside the Constitution and simply “give” the nation its next leader. This principle is not abstract. Worldwide, presidential by-elections to fill mid-term vacancies are extremely rare. Most stable presidential systems instead use automatic succession by a deputy or, increasingly, allow the legislature to elect a successor who serves out the remainder of the term. These arrangements place national continuity and stability above partisan interests. Clause 3 of the Bill follows exactly this proven path. By giving Parliament the clear duty to elect the President—whether at the start of a new term or in an unforeseen vacancy—Zimbabwe will secure stronger democratic stability, and keep the highest office firmly within the people’s constitutional framework rather than the private control of any single party. In short, Clause 3 is a mature, practical and principled reform that directly honours Professor Madhuku’s wise 2020 counsel. As such, it deserves the full support of every well-meaning Zimbabwean who values good governance, democratic constitutionalism, institutional integrity and the long-term strength of the country’s democracy in the national interest!

Prof Jonathan Moyo

88,259 Aufrufe • vor 3 Monaten

President Emmerson Mnangagwa's spokesman George Charamba, who is also the Deputy Chief Secretary, Presidential Communications in the Office of the President and Cabinet, has provoked a storm of controversy by claiming that parliament trumps a national referendum on constitutional amendment issues currently being debated through a legislative public consultation process. Mnangagwa and his party are using parliament to amend the constitution to extend his rule to 2030 and introduce a raft of other significant changes without going through a referendum, which civil society and opposition activists insist is a requirement in terms of the constitution. The 2013 constitution mandates that any extension of presidential term limits or removal of two five-year term limits must be approved by voters through a referendum. Critics say extending terms from five to seven years, or changing the electoral system constitutes a major subversion of this clause, requiring a referendum. However, Mnangagwa and his allies say a referendum is not needed as they are not removing term limits, but elongating the term lengths and changing the electoral cycle. Zanu PF says the amendment is not a change to the limit of two terms, but rather the length of each term (five to seven years), meaning a referendum is not constitutionally mandated. They say the amendments are meant to ensure political stability and remove "election mode toxicity," disrupting peace, governance and development. The debate centres over holding a referendum on the proposed amendments, specifically Constitution Amendment Bill No.3, which proposes extending Mnangagwa's tenure by two years andpresidential and parliamentary terms from five to seven years as well as changing the presidential election system from direct voting through popular franchise to indirect selection via parliament. The ruling Zanu PF party controls parliament, leading to calls for a popular referendum to approve these significant changes, which critics argue violate the 2013 constitution's democratic intent. Charamba said: “Those who were old enough to participate and follow proceedings of 2013 will know that even after the referendum, that outcome of the referendum still had to be processed through Parliament. What that means is that, a referendum does not usurp the power of Parliament. It simply provides a popular basis for legislative action. Otherwise, at law, the body which is recognized as responsible for any changes, be they at the level of the primary law or at the level of subsidiary laws, is Parliament. Right? So, really, you can't place the referendum in apposition to Parliament. You can't. You just cannot because the referendum does not give you a result that writes the constitution. It is parliament which is mandated to do so in terms of our law. So, really, there shouldn't be any argument at all in respect of that matter. Right?.”

TheNewsHawks

16,586 Aufrufe • vor 4 Monaten