Online Reporter
Nyore Madzianike, [email protected]
THE Constitutional Amendment No. 3 Bill has advanced to the Committee Stage in the Senate after clearing its Second Reading, paving the way for legislators to scrutinise the proposed amendments clause by clause before the Bill proceeds further through Parliament.
The development follows extensive debate in the Upper House, where senators deliberated on the merits and implications of the proposed constitutional changes.
Responding to contributions during the Second Reading, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the Bill had generated unprecedented interest among senators, with a record number participating in the debate.
According to the Minister, 55 senators contributed during the Second Reading, making it the highest level of participation ever recorded in the history of the Senate.
He said only five senators opposed the Bill.
In a notable show of support that cut across party lines, a number of Citizens Coalition for Change (CCC) senators, including Senator Sengezo Tshabangu, joined Zanu-PF lawmakers in backing the proposed amendments.
“Again, honourable president, this is also very historic. We have heard about 55 senators debating in the history of this senate. I think this is the highest, in fact, it is the highest, and only five were totally against the Bill and the rest, in one way or the other, lent their support to the Bill, which they indicated were very progressive, and I want to thank them,” said Minister Ziyambi.
The Minister commended senators for what he described as constructive engagement during the debate, saying the discussions had strengthened the legislative process.
He said the proposed amendments sought to address five interrelated challenges within the constitutional framework and argued that some critics had focused on individual provisions without appreciating the broader objectives of the Bill.
Minister Ziyambi said constitutional provisions should be understood as instruments that create an enabling environment for development rather than documents that directly provide services or economic benefits.
“A constitution is not a grocery list document. It’s a document that is an enabler, that allows an environment where a baker will be able to bake bread, and bread will be found in grocery shops, where Government will be able to plan properly.
“A road will be constructed, just like what we did with Harare-Beitbridge Road. So, this is not a document whereby you can use to go shopping with. It is an enabler. It creates an environment that ensures that all those things happen,” he said.
The Minister singled out Senator Kucaca Phulu for praise, saying his contribution focused on the substance of the Bill rather than political considerations.
“I just want to applaud the kind of debate that was done by Honourable Phulu. He spoke to the substance of the Bill rather than to the emotion or to the politics. I think that is the thrust that we are looking at, to say let’s look at the substance of the Bill. What is the mischief that we want to cure? How do we cure it without politicking to say that I oppose it because it takes away one man, one vote, and I think he articulated it very well,” said Minister Ziyambi.
He said Government had taken note of proposals raised during debate regarding the inclusion of provisions on post-conflict healing and national reconciliation.
According to the Minister, there was merit in considering mechanisms that promote national unity and assist communities to address historical conflicts and grievances.
Minister Ziyambi also acknowledged concerns raised about the role of traditional leaders, saying Government remained committed to safeguarding the institution of traditional leadership while addressing outstanding concerns through appropriate legislation where necessary.
On the issue of Gukurahundi, the Minister rejected assertions made by Senator Tshabangu that genocide had occurred in Zimbabwe, maintaining that there had never been a deliberate Government policy aimed at eliminating a particular tribe.
“I want to thank again Honourable Senator Tshabangu for a lot of things that are insightful that he spoke about, the post-conflict healing and reconciliation, but I want to make a correction for the record. I don’t believe there was genocide in Zimbabwe. In fact, there was no genocide. There was a conflict, but there was never a deliberate Government policy at any one time to eliminate one tribe against the other.
I come from an area where all tribes stay, not a single tribe was eliminated, so I believe that in trying to express our feelings, sometimes we become animated and will be quoted wrongly. I think that statement, it was over excitement, there was no genocide,” he said.
The Minister said President Mnangagwa had taken a leading role in efforts aimed at resolving outstanding Gukurahundi-related issues through community-led and traditional approaches.
He said the President had consistently advocated for traditional leaders to spearhead the process in line with local customs and practices.
“That being said, the President is a champion of ensuring that the Gukurahundi issues are concluded and concluded conclusively. I believe that when he came in, he started engaging traditional leaders and he has even said at one forum where I was that he wants the chiefs to take charge and tell us how those issues are supposed to be resolved.
“Because each and every chief has his own traditions and customs that they follow and whatever they believe would appease the spirits and ensure that we become united, the chiefs must take the lead. But we have agreed that we need, going forward, a clause that speaks to post-conflict resolution and national healing.
“But what I reject, Mr President, is that there was at any time in this country a deliberate policy to do what Senator Tshabangu said. We have never been a country like that, in fact, we are a proud nation that knows no tribalism,” said Minister Ziyambi.
The Minister also cautioned against allowing political interests to overshadow constitutional reforms which, he argued, were intended to strengthen governance and benefit future generations.
He said lawmakers had a responsibility to consider the long-term national interest when debating constitutional amendments.
“History will not treat us well if we don’t pass this amendment because it has got several progressive provisions in it that will ensure not only us but generations to come will progress and our country will develop because of that,” he said.
Minister Ziyambi concluded by thanking senators for what he described as a mature, thoughtful and substantive debate on the Bill.
“I think I want to support and thank all the honourable senators for the very mature debate that happened in this house,” said Minister Ziyambi.
The Bill now proceeds to the Committee Stage, where senators will examine each clause in detail before the legislative process moves to its next phase.
