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Mudavadi referendum push: Prime CS Mudavadi makes case for 2027 referendum. Mudavadi warns of impending constitutional storm. Mudavadi says 2027 election could be nullified over boundaries Mudavadi: IEBC deadline for boundaries review has lapsed Mudavadi says NADCO issues require a referendum. He says the two-thirds gender rule must be...

17,629 Aufrufe • vor 6 Monaten •via X (Twitter)

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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

16,579 Aufrufe • vor 3 Monaten

#ThereWillBeNoElectionsInZimIn2028 Local Government minister Daniel Garwe says Zimbabwe will not hold general elections as constitutionally scheduled in 2028. Garwe, President Emmerson Mnangagwa’s close political ally, says elections will not be held until 2030. However, the constitution requires that elections are held every five years in Zimbabwe. Garwe's remarks indicates that Zanu PF is persisting with its agenda to postpone elections, something which may require a constitutional amendment. Zanu PF is trying to use parliament to postpone elections to avoid amending presidential terms to extend Mnangagwa’s rule as that requires a referendum or referenda, which it fears. A referendum to change or remove presidential terms may end up as a referendum on Mnangagwa and Zanu PF itself. Some lawyers say using parliament to postpone elections will be tantamount to a coup against the constitution. This comes ahead of the ruling Zanu PF's annual conference at Mutare Polytechnic from 13-18 October where Mnangagwa’s allies plan to use the gathering to push the 2030 agenda. Mnangagwa’s close allies are vigorously lobbying for him to extend his rule beyond his 2028 second term constitutional limit to 2030. While Mnangagwa says he not interested in clinging to power by extending his rule, his allies insist he must stay in office longer in power. The 2030 saga is part of the ongoing raging succession battle between Mnangagwa and Vice-President Constantino Chiwenga, who wants to come in at all costs.

TheNewsHawks

17,596 Aufrufe • vor 10 Monaten

I have listened to the debate on Constitutional Amendment Bill No. 3 between legal scholar Dr Justice Mavedzenge and political scientist Prof Jonathan Moyo today on Twitter. Without any doubt, Dr Justice Mavedzenge explained, clarified, and made ordinary people understand the issues, and more importantly, in my humble view, he won the debate on whether there is need for Constitutional Amendment Bill No. 3 to be subjected to a referendum or not. Anything done for the people, as Prof Jonathan Moyo says these monumental amendments are, should be subjected to the people. The Constitution is not ambiguous on this. It is clear that term limits should be subjected to a referendum for any change to be done legally. Under Section 328 of the Constitution of Zimbabwe, any amendment that seeks to extend the length of time a President may hold office, or to remove or alter term limits in a way that benefits an incumbent, cannot apply to the sitting President and must be subjected to constitutional safeguards. You cannot claim to be doing something for the people and yet deny those same people the right to have a say. Prof Jonathan Moyo has a right to his views, but those views must be subjected to the law for the amendments to be implemented legally, and based on what I have read in our Constitution, his views are not aligned with the law. And I am not making this up. It is in the Constitution. Even veteran Zimbabwean lawyer and former ZANUPF legal secretary, Patrick Chinamasa, has said so. In this video, he explains in front of President Mnangagwa that what they are attempting to do today, which Prof Jonathan Moyo argues does not require a referendum, would in fact require two referendums. One to remove or alter presidential term limits from five to seven years, and another to extend the sitting president’s tenure to 2030. This position was declared, and not contradicted, at a ZANUPF conference in Bulawayo. What the broader legal fraternity in Zimbabwe is saying, save for a few lawyers who have since revised their positions and now echo the same view, is that the Constitution is explicit on these prescripts. Anything else is political propaganda to win hearts and minds. The problem with propaganda is that it cannot be anchored in constitutional provisions. It rests on opinion. In this instance, however, we are not expressing opinions. We are stating what is contained in the Constitution and what ZANUPF itself has previously acknowledged. You can decide today that you want a 20-year presidential term. That is your right to hold that view, but you must subject that proposition to the law. If you believe in it, take it to the citizens in the manner prescribed by the Constitution. You cannot decide, through opinion or political argument, whether a referendum is required or not. That question is not settled by what anyone thinks. It is settled by what the law says. If the Constitution requires a referendum, then you must subject yourself to it. That is how constitutional democracy works. We know that the judiciary in Zimbabwe is captured. We know how they are going to rule, but the whole world knows the truth, that if they rule in favour of these amendments going ahead without a referendum, they are simply a captured judiciary without the respect that is required for anyone holding such an important office, and history will remember them as such.

Hopewell Chin’ono

62,293 Aufrufe • vor 4 Monaten