Zimbabwe: Voters Sue MPs, Oppose Extension of Presidential and Parliamentary Terms
Members of Parliament from over 60 constituencies were on Tuesday served with court papers challenging the controversial Constitution Amendment Bill No. 3 (CAB3), as opponents intensified efforts to stop the proposed changes from becoming law.
The applications, filed in the Constitutional Court by voters from constituencies across the country, seek an order compelling the government to subject the proposed constitutional amendments to a national referendum before Parliament proceeds further.
The legal challenge comes as the government pushes ahead with CAB3, a bill that seeks to extend the terms of office of the president, Members of Parliament and local authorities from five years to seven years. The bill also proposes replacing direct presidential elections with a system under which the president would be elected by MPs sitting jointly as the National Assembly and Senate.
In one of the applications, Gokwe Kana voter Nebati Mutaurwa argues that Parliament cannot lawfully extend the tenure of sitting legislators through a constitutional amendment.
“The issues are of exceptional public importance. They concern whether incumbents may constitutionally prolong their own tenure in office and whether the people may be stripped of their vote in the election of the President without direct approval of the people,” reads the application.
Mutaurwa argues that the proposed amendments violate Section 328(7) of the Constitution, which prevents office bearers from benefiting from changes to term limits during their current tenure.
“The proposed clause is constitutionally offensive on its face,” the application states. “It is purported amendment by evasion.”
The applicants further contend that transferring the election of the president from voters to Parliament would undermine political rights protected under Section 67 of the Constitution.
“The proposed amendment would remove that office from direct participation by the citizenry and instead vest the election of the President in Members of Parliament sitting jointly,” the court papers state.
The court challenge adds to growing controversy surrounding CAB3, which was gazetted in February and subsequently subjected to public hearings that were marred by allegations of intimidation, violence and the exclusion of dissenting voices.
Several activists opposed to the bill were reportedly assaulted or arrested during the consultation period, while opposition groups have demanded a referendum on the proposed changes.
The Constitutional Court is yet to hear the cases.
By New Zimbabwe.
