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QUESTION: What is the relationship between section 91(2)—the term limit provision—and section 95(2)—the term length provision in the Constitution of Zimbabwe (2013)? ANSWER: Section 91(2) is the term-limit provision. It regulates the President’s tenure by limiting the length of time that he or she may hold or occupy the...

12,711 görüntüleme • 2 ay önce •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 görüntüleme • 2 ay önce

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

62,272 görüntüleme • 4 ay önce

📌Closing all Doors for Chiwenga, LynneM 💕💝💎 and Cde Knox M Chivero could be right 🔸During the debate on the Constitution of Zimbabwe Amendment (No. 3) Bill (CAB3), the Minister of Justice, Hon. Ziyambi Ziyambi, explained that Clause 4 deletes Section 94(3) of the Constitution. That subsection used to require a Vice‑President who takes over as President after a vacancy to be sworn in with a new presidential oath. 🔸He pointed out that this requirement is no longer needed because Amendment No. 2 of 2021 already changed the rules: when the presidency becomes vacant, Parliament now elects a new President within 30 days. So the old oath requirement for a Vice‑President stepping up no longer applies. 🔸He stressed that removing this outdated provision simply brings the Constitution into line with the current law. Parliament has since passed the amendment. -—————————————————— ⭕️Key quotations from the Constitution and the amendment 1. The provision being repealed – Section 94(3) of the Constitution (still in force until Clause 4 of CAB3 takes effect): “A Vice‑President who becomes President on the death, resignation or removal from office of the President assumes office when he or she takes, before the Chief Justice or the next most senior judge available, the oath of President in the form set out in the Third Schedule, which oath he or she must take as soon as possible and in any event within forty‑eight hours after the office of President became vacant.” 2. The change made by Amendment No. 2 of 2021 – that Act removed the old system of elected Vice‑Presidents and introduced the current rules (including the 30‑day parliamentary election process for a new President). The amendment is cited as: “Constitution of Zimbabwe Amendment (No. 2) Act, 2021” (The specific provisions that established the new vacancy‑filling procedure are found in the amendments to sections 92, 94 and 95 of the Constitution.) 3. Hon. Ziyambi Ziyambi’s explanation (as summarised from his statement in Parliament): “Clause 4 repeals Section 94(3), which had required a Vice‑President assuming the Presidency after a vacancy to take the oath of office. This provision became redundant after Amendment No. 2 of 2021, which established that Parliament elects a new President within 30 days of a vacancy. The repeal ensures the Constitution reflects current law.” ——————————————————- 📌🃏In short: The old oath rule for a Vice‑President who becomes President is being scrapped because it’s been overtaken by the 2021 change that gives Parliament the power to elect a new President within 30 days. Clause 4 of CAB3 clears away that obsolete requirement.

Chimbwa

101,625 görüntüleme • 6 gün önce

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

88,026 görüntüleme • 2 ay önce

The Singaporean has been arrested after he being defrauded? Why is the NDC Regional Chairman Ashie Moore still free? I know this turn of event follows For The Records exposé on this issue Let’s revisit what the law says from the Political Party Act 2000 (Act 574) PART III-FUNDING OF POLITICAL PARTIES Section 23: Contribution by Citizens. Only a citizen may contribute in cash or in kind to the funds of a political party. A firm, partnership, or enterprise owned by a citizen or a company registered under the laws of the Republic at least seventy-five percent of whose capital is owned by a citizen is for the purposes of this Act a citizen. Section 24: No Contribution by Non-Citizens. A non-citizen shall not directly or indirectly make a contribution or donation or loan whether in cash or in kind to the funds held by or for the benefit of a political party and no political party or person acting for or on behalf of a political party shall demand or accept a contribution donation or loan from a non-citizen. Section 25: Contraventions of this Part. Where any person contravenes section 23 or 24, in addition to any penalty that may be imposed under this Act, any amount whether in cash or in kind paid in contravention of the section shall be forfeited to the State and the amount shall be recovered from the political party as debt owed to the State. The political party or person in whose custody the amount is for the time being held shall pay it to the State. A non-citizen found guilty of contravention of section 24 shall be deemed to be a prohibited immigrant and liable to deportation under the Aliens Act, 1963 (Act 160). The provisions of sections 23 and 24 do not preclude a goverment of any country or a nongovernmental organization from providing assistance in cash or in kind to the Commission for use by the Commission for the collective benefit of registered political parties. The law is clear on this and we expect the NDC Chairman to refund the money sponsored by Toh You Kang into their campaign to the state. Total Abuse of Power! Scam Aban!

For The Records

58,828 görüntüleme • 11 ay önce

This is supposed to be an opposition Member of Parliament in Zimbabwe called Samantha Mureyani from Manicaland. This Member of Parliament spoke in Zimbabwe’s Parliament today. Despite being an opposition MP, she stated that she supports Constitutional Amendment Bill No. 3 sponsored by the ruling ZANUPF. She specifically spoke about her support for President Emmerson Mnangagwa remaining in office for an additional two years beyond the current constitutional term limit of 10 years. She also expressed support for the idea of extending presidential terms to seven years. This is the quality of some of the MPs sitting in Zimbabwe’s Parliament today. As I have said before, this is not just a Zimbabwean crisis or a Zimbabwean story. It is a regional story. When the political fallout from these developments begins to unfold and the economy deteriorates even further, it is countries such as South Africa and Botswana that will bear the brunt of increased migration pressures from Zimbabwe. That is what unfolded in Zimbabwe’s Parliament today. This MP was brought into Parliament by the charlatan-imposed opposition parliamentary leader, Sengezo Tshabangu, who captured the CCC party, taking advantage of the fact that it did not have a constitution or leadership structures. He falsely claimed to be the party’s Secretary-General, which he was not, and exploited the vacuum created by the absence of formal structures and leadership.

Hopewell Chin’ono

54,650 görüntüleme • 1 ay önce

FORMER PRESIDENT THABO MBEKI ON TERM-LIMITS IN AFRICA: “The ANC constitution doesn't have term limits. Indeed, maybe I should go beyond that. You see we shouldn't transform issues that are really of kind of tactical, of a tactical nature, into strategic issues. The United Kingdom does not have a process of term limitations, in terms of government, it doesn't have. Neither that Sweden have, The Netherlands…many. Who says they are not democratic? You know the issue of term limits on the Continent here—again I'm coming back to our understanding, our objective reality—it arose because you had a long period of military coups and military governments and all of that. And in the process of the democratisation, the general feeling on the continent was that let's find a way of avoiding these people who perpetuate themselves in government forever. And therefore let's do time limits. It was as a reaction to what had been happening. Now the fact that the United Kingdom does not have term limits, does not make it any less democratic. Stan Rylander, I see here from Sweden. The Swedes don't have term limits. Doesn't make Sweden less democratic. If African countries decide not to have term limits, why would they be less democratic? So, I'm saying that this was the tactical response to a particular history. And now we want to turn this into a principle like it comes from the Bible or the Quran or something” Comment: It is dangerous to turn a tactical decision to introduce a directly elected Executive President in 1987—in anticipation of the failed agenda for a legislated one party one-man rule state—into a principle of “one man one vote” or universal adult suffrage like it came from the Bible or the Quran or something. Learn to distinguish between tactics and strategy or expediency and principle. Meanwhile, CAB3 does not amend any term limit provision!

Prof Jonathan Moyo

39,850 görüntüleme • 3 ay önce

[WATCH] THE SECTION 89 MATTER On the Section 89 matter now before Parliament, so that the public is not misled by those who would dramatise an ordinary constitutional process. The ANC’s posture on the Section 89 Matter is one of procedural neutrality: the process is proceeding in an orderly manner under the binding Constitutional Court judgment, with the Committee’s draft Terms of Reference open for party submissions until Friday 10 July and the work of Parliament continues, it must not be rushed but deliberated carefully. The ANC will participate, if at all, only as amicus curiae, confined to parliamentary process and sequencing, because our duty is to defend the integrity of a constitutional process, not to argue any party’s merits. On the Terms of Reference, the ANC will not support the admissibility of untested hearsay: an inquiry of this gravity demands evidence under oath, properly tested, perjury on those who will think parliament is a playground to mislead or tell plain lies must also be applied. The question before parliament is whether the president committed high crimes and high misdemeanors and did so alive to it, knowingly. That is what parliament is to test but first, is the Panel Report itself a bona fide instrument, did it find correctly that high crimes and high misdemeanors occurred on the part of the president. What we know is that the Public Protector has said no, the SARB has said not so. Then, should parliament proceed now or wait till September court case? We think it is wise and economical to wait because September court gives parliament itself finality and a foundation. That is it. #ANCMediaBriefing #RegisterToVoteANC #YearOfDecisiveAction

ANC SECRETARY GENERAL | Fikile Mbalula

12,372 görüntüleme • 4 gün önce