Chronicle Editor
Gibson Mhaka, Zimpapers Politics Hub
THERE is nothing wrong, with Constitutional amendments, particularly the extension of Presidential term limits as there is no democratic constitution in the world that does not get amended now and then hence all constitutions have a very clear and precise provision for their amendment and this includes the Zimbabwean one, said Zanu-PF Central Committee member, Cde Charles Chiponda.
Speaking at the Bulawayo Media Centre on Wednesday evening, Cde Chiponda stated that the Zimbabwean Constitution currently possesses all the necessary clear and understandable arrangements and procedures for constitutional amendments.
He emphasised that any ruling party, at any given time, should they desire to amend the constitution, is obligated to adhere to these established rules.
Cde Chiponda’s sentiments came amid assertions that the current efforts to amend the Constitution to extend President Mnangagwa’s term beyond 2028 were solely a decision of the revolutionary party’s general membership and had nothing to do with him and has not been done at his instigation.
“I will start with a quotation from some political and constitutional gurus, the quote is as follows: ‘ Accordingly it is important to understand and appreciate that as a matter of fact there is no democratic constitution anywhere in the world, which cannot be amended now and then.’
“It is therefore not surprising that all constitutions have a very clear and precise provision for their amendment, including the Zimbabwean constitution.
“As it stands, the Zimbabwean constitution has all the clear and understandable arrangements and procedures that any ruling party, at any particular time, must follow should they want to amend it. These rules will always be in place, ensuring a provision for the amendment of the constitution.”
“Therefore, personally, I am sure we are all aware that Professor Lovemore Madhuku is one of the leading minds in constitutional law and understands how constitutions work. Two or three days ago, following his explanation of the current Zimbabwean constitution and how it can be amended, he mentioned three steps.
“Personally, I believe that if any ruling party follows the proper procedures for amending the constitution, there should be nothing wrong with doing so. If the majority of that country feels that the constitution should be amended,” said Cde Chiponda.
He said President Mnangagwa himself has not, at any other platform, indicated that he wants to extend his term, but it was solely a decision of the revolutionary party’s general membership and was included in the resolutions of its Annual National People’s Conference, held in Bulawayo last October.
“The President has not said that on any occasion, although perhaps two or three times at other platforms he has clearly stated that he has not personally mentioned that he wants to extend his term. However, the party, Zanu-PF, like any other party, and like any other business, operates with the goal of long-term survival.
“In the private sector, businesses aim to continue operating indefinitely. Similarly, in politics, Zanu-PF members, as part of a revolutionary party, would naturally strive to remain in power. This is the purpose of any political party to maintain power. Therefore, the general membership of Zanu-PF is pushing for this right from their grassroots,” said Cde Chiponda.
He said there are steps that must be followed to amend the constitution, and that is what is important.
“The first step we should ask ourselves is whether it is legally permissible to do that. The amendment procedure, in short, involves approximately three steps. We must also ask ourselves whether, if Zanu-PF wants to extend the term limit, they will follow the necessary requirements for this extension. If they adhere to the proper procedures, there is nothing wrong with that.
“Is it legally permissible? According to (constitutional experts like) Professor Madhuku, yes, it is legally permissible. What are these legal requirements that must be followed?
“I believe the first step would be to engage with the general public — all Zimbabweans — to determine their views. A Bill would be introduced and then subjected to a 90-day public consultation period. This allows every Zimbabwean, wherever they may be, to understand what amendments are being proposed and the reasons behind them.
“During this 90-day period, almost every Zimbabwean will have been informed about the proposed changes. Secondly, before this constitutional amendment regarding term limits can be enacted, it must pass through Parliament. We have all elected members of parliament to represent us, as well as senators. Therefore, two-thirds of the members of the House of Assembly and two-thirds of the Senate must agree to the amendment.
“If both houses of Parliament, comprising our elected representatives, agree to the amendment, it signifies that a democratic process has taken place in Zimbabwe. After both houses have approved the amendment with a two-thirds majority, the process then proceeds to the referendum stage,” Cde Chiponda explained.
He adds: “The referendum stage will then ask every Zimbabwean from all corners of the country whether they agree with the proposed amendment. By that time, I am sure that the ruling party, Zanu-PF, will have undertaken the necessary efforts to ensure that every Zimbabwean understands the rationale behind this proposed amendment.
“Once the referendum has been conducted, and the people have been given ample time approximately four years until 2028 to consider this matter, only then can the amendment be implemented. This allows all Zimbabweans sufficient time to debate the pros and cons of extending the constitutional term limit.
“However, we should consider that other democracies, some of which have existed for 400 or 500 years or more, do not have fixed term limits. For example, in the United Kingdom, there are no term limits for the ruling party.
“As long as that party can effectively deliver on its promises, it can continue to be elected by the people, regardless of how long it has been in power whether it’s 10, 15, or 20 years. As long as it serves the majority of the country, it will continue to govern.”
He further said that another key argument for extending the presidential term limit is to ensure stability and continuity within the Government.
“The other point is stability and continuity. Just like private companies, if you have management that has been there for years, the company becomes stable and continues to produce. So it’s equally the same in politics.
“If you have a party that has been there and people keep voting for it that means there is something good that it is doing. Following the President recently at his Pricabe Farm when he talked to the MPs both from different parties, I was so impressed because he educated the opposition party that for any Government to run the country properly it needs to be criticised.
“It needs an opposition party otherwise the Government will go to sleep, the ministers will go to sleep, and the MPs will go to sleep and they will not perform. But when you have opposition parties that are strong and run around and criticise you constructively, therefore you will also be on your toes all the time. That’s what the President said,” Cde Chiponda said.
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