Source: Insisting on referendum devoid of legal basis: AG – herald
Herald Reporter
Attorney-General Mrs Virginia Mabiza has dismissed calls for a referendum on the proposed constitutional changes, saying the demands are not grounded in law but are instead driven by political motives.
In an interview, Mrs Mabiza said the Constitution clearly stipulates the circumstances under which a referendum is required, reiterating that the current amendments do not meet that threshold.
“Section 328(6) is deliberate and precise in that it reserves the ultimate democratic veto — the national referendum — for only three narrowly defined categories of amendment: any Bill that touches Chapter 4 (the Declaration of Rights), Chapter 16 (Agricultural Land), or section 328 itself. In every other case, once a Constitution Bill secures the required two-thirds majority in both Houses of Parliament, it must be forwarded to the President for assent,” she said.
Mrs Mabiza said this design by the legislature is deliberately framed with constitutional wisdom to shield the most fundamental rights and land provisions from alteration without a referendum.
She said Constitutional (Amendment No. 3) Bill, 2026, touches none of the protected chapters or sections and hence no referendum is triggered or permitted.
“I should emphasise that the constitutional basis for proceeding without a referendum is neither an option nor a loophole — 328(6) is very clear on this aspect. Any insistence on a referendum, given the current scenario, is devoid of any meaningful legal basis and logic. It is an unconstitutional demand,” said Mrs Mabiza.
She said the legal position was clear and should not be distorted for political expediency, adding that constitutional provisions must be interpreted as they stand.
Mrs Mabiza’s remarks come amid increasing debate from some stakeholders pushing for a referendum on the proposed Constitutional Amendment Bill No. 3, arguing that it requires wider public approval.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also weighed in, dismissing the possibility of a referendum and reiterating that the Constitution already provides guidance on the matter.
“On the issue of a referendum, let me explain it by saying, in 2013, when we came up with a completely new Constitution, we put in safeguards on how the Constitution is supposed to be amended and within that Constitution, which we took to the people for a referendum, we were given three scenarios where we require a referendum.
“The people clearly indicated that don’t come to us if you are amending this Constitution, if you are not touching these three. What you simply need is a two-thirds majority. So this amendment does not touch chapter four, does not touch chapter 16, does not touch section 328,” Minister Ziyambi said.
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