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Dear Professor Lovemore Madhuku,
I AM writing to address your recent statements regarding the procedures for amending the presidential term limits in the Constitution of Zimbabwe. While I appreciate your expertise and insights on constitutional law, I would like to present an alternative perspective on the matter.
As you are aware, Section 328 of the Constitution outlines the process for amending the Constitution, including the requirement for a referendum for certain amendments, such as those affecting presidential term limits. However, it is important to note that the Constitution also allows for amendments to its own provisions, including those that govern the amendment process itself.
Specifically, the Constitution can be amended to modify or remove the requirement for a referendum and the clause that prevents a sitting president from benefiting from such changes. This would involve the following steps:
- Proposal of Amendment: A Bill proposing the amendment to Section 328 and any other relevant sections must be introduced in Parliament.
- Publication in the Gazette: The proposed amendment must be published in the Government Gazette at least 90 days before it is introduced in Parliament.
- Public Consultation: Parliament must invite public comments on the proposed amendment, involving written submissions and public hearings.
- Parliamentary Approval: The Bill must pass through the standard legislative process, including readings, debates, and committee stages in both the National Assembly and the Senate.
- Two-Thirds Majority: The Bill must be approved by a two-thirds majority in both houses of Parliament.
- Presidential Assent: Once approved by Parliament, the Bill must be signed by the President to become law.
- Gazetting: The amendment is published in the Government Gazette and becomes part of the Constitution.
By following these steps, it is possible to amend the Constitution to remove the requirement for a referendum and allow a sitting president to benefit from changes to presidential term limits. This approach provides a lawful and structured method to achieve the desired amendments without bypassing constitutional procedures.
I hope this clarifies the potential for constitutional amendments beyond the current framework. I look forward to your thoughts on this matter.
Yours sincerely, Obert Gutu
Online Reporter