Online Reporter
MacDenias Moyo
The claim that Constitutional Amendment Number 3 Bill did not follow due process is a hollow construction built on selective reading and deliberate distortion of the supreme law.
The Constitution of Zimbabwe is not ambiguous. It prescribes the path for amendment. It defines the roles of the Legislature, Parliament and the President.
CAB3 has followed that path with precision, respecting every safeguard and every procedural requirement.
Section 117 of the Constitution establishes the Legislature as consisting of the President and Parliament together. Section 118 vests legislative authority in Parliament subject to the Constitution. Section 131 provides that a Bill may be introduced in either House of Parliament. Section 328 governs constitutional amendments, requiring publication in the Gazette at least 90 days before presentation, passage by two thirds of the membership of each House and a referendum only where entrenched provisions are affected.
CAB3 does not touch entrenched provisions. It therefore requires no referendum. It requires publication, consultation, debate and passage by two thirds majority. That is the process. That is the law. That is what is being followed.
The Cabinet is not a usurper of power. It is the executive arm of Government empowered under Section 110 to direct the operations of the State. It prepares and presents Bills to Parliament. This is not assumption of powers never given. It is constitutional practice. Every amendment since 2013 has been initiated through Cabinet and presented to Parliament. Amendment Number 1, Amendment Number 2 and now Amendment Number 3 all followed this path.
The claim that Cabinet cannot initiate a Bill collapses when confronted with the text of Section 131. Citizens may petition Parliament under Section 149. That does not make petitions the exclusive source of Bills. Parliamentarians may introduce Bills. Cabinet may prepare Bills. This is the practice of governance.
CAB3 was published in the Gazette. Public consultations were held across all 71 districts. Eleven parliamentary teams solicited views over 90 days. The Committee collated feedback into a report. The Minister of Justice announced the roadmap. He stated that the Bill would be introduced in Parliament in the week of May 18 accompanied by his Second Reading speech explaining each clause. Debate would follow guided by the Committee’s report.
This is due process. Publication. Consultation. Introduction. Debate. Passage. Assent.
CAB3 is the culmination of Resolution Number 1 debated and adopted through ZANU PF structures. It began at the grassroots, moved through districts, was debated at DCCs, became a slogan at inter district meetings, was adopted at provincial conferences, forwarded to the Central Committee, ratified at two National People’s Conferences and seconded by the Politburo.
Initially Resolution Number One was about a third term. President Mnangagwa refused. He declared he would respect the two-term limit. The party then sought a constitutional mechanism to ensure continuity without violating term limits. The solution was to extend the electoral cycle to seven years. This was not about extending one man’s rule. It was about consolidating Vision 2030.
Section 328 is the safeguard. It requires publication 90 days before presentation. It requires two thirds majority. It requires a referendum for entrenched provisions. CAB3 has respected these safeguards. It has not touched entrenched provisions. It has been published. It has been consulted. It will be debated. It will require two thirds passage.
The claim that CAB3 is null and void ab initio is untenable. It ignores Section 131. It ignores Section 328. It ignores practice. It ignores precedent. It ignores the Constitution itself.
Justice Minister Ziyambi Ziyambi declared that the roadmap was clear. First feedback was collated. Then the Committee compiled all public input into a written report for Parliament. During the week of May 18 the Bill would be formally introduced accompanied by his Second Reading speech explaining each clause in detail. Debate in the National Assembly would follow guided by the Committee’s report.
Bishop Nehemiah Mutendi declared that if Parliament can impeach a President then the same Parliament can vote for a President. He reminded the nation that serious assignment must be finished, not adjusted halfway, not abandoned halfway.
Cde Farai Marapira declared that the reforms seek to resolve recurring issues such as disputed elections, governance inefficiencies and a perpetual election cycle that has contributed to political paralysis and societal polarisation. He emphasised that overwhelming participation during parliamentary public consultations demonstrated broad public interest and support for the Bill.
These voices affirm legitimacy. They affirm necessity. They affirm completion.
Constitutional reform is not about personalities. It is about institutions. It is about stability. It is about development. It is about Vision 2030.
CAB3 reduces political paralysis. It stabilizes governance. It strengthens institutions. It consolidates gains. It creates space for development. It aligns governance with the national vision of becoming an upper middle income economy by 2030.
The opposition thrives on crisis. They manufacture narratives of illegitimacy. They ignore the text of the Constitution. They ignore the process. They ignore the people’s voice. They ignore the truth.
CAB3 has followed due process. It has respected constitutional safeguards. It has been published. It has been consulted. It will be debated. It will require two thirds passage. It does not touch entrenched provisions. It requires no referendum. It is lawful. It is legitimate. It is constitutional.
The claim that CAB3 is null and void ab initio is a distortion. It collapses under constitutional text. It collapses under parliamentary procedure. It collapses under precedent.
Zimbabwe must ignore misinformation. Zimbabwe must embrace truth. Zimbabwe must stay the course. CAB3 is about institutions. It is about stability. It is about development. It is about Vision 2030.
Nyika inovakwa nevene vayo. The Constitution has been respected. The process has been followed. The future is being built.
