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There is no such thing as a "minor" constitutional problem. Attorney General Andrea Campbell now appears to be acknowledging that her office knew the rent control ballot question had a problem tied to religion, but dismissed it as "minor" and certified it anyway. The SJC saw it differently. On...

11,144 views • 26 days ago •via X (Twitter)

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Two cases which were brought before the Constitutional Court of Zimbabwe challenging Constitutional Amendment Bill No. 3 (CAB 3) have been struck off, NOT dismissed. CAB 3, which seeks, among other things, to extend President Emmerson Mnangagwa’s term of office and change the method of electing a president from direct election by citizens to election by Parliament, requires two referendums in law, but the ZANUPF faction sponsoring it wants to avoid a referendum. The Constitutional Court struck both cases off the roll this morning. It is important to understand that the cases were not dismissed on their merits. Rather, the Court held that the issues raised could not originate and be determined solely by the Constitutional Court and should first be ventilated in another forum, High Court. Professor Lovemore Maduku, who is arguing the cases, has indicated that they will now proceed to the High Court. Should the applicants fail to obtain the relief they seek there, the matters will inevitably return to the Constitutional Court on appeal. Many lawyers have described the Constitutional Court’s decision as an example of constitutional avoidance. In their view, the Court has declined to confront what has become a highly contentious constitutional question, preferring instead to defer consideration of the substantive issues. A central argument in the war veterans’ challenge, led by Professor Madhuku, is that Constitutional Amendment Bill No. 3 was discussed and approved by Cabinet, which included President Mnangagwa, the two Vice Presidents, and Cabinet ministers. Professor Madhuku argues that because President Mnangagwa stands to benefit directly from provisions extending his term of office, he should not have participated in deliberations on the amendments. According to the argument, the Constitution prohibits public officials from participating in decisions in which they have a direct personal interest. However, the Constitutional Court did not determine the merits of that argument, ruling instead that the matter should be heard elsewhere first. The legal battle is therefore far from over. It now moves to the High Court and, whatever the outcome there, is likely to find its way back to the Constitutional Court for a final determination.

Hopewell Chin’ono

29,689 views • 1 month ago