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Source: Mwonzora says even using Zanu PF’s own argument, CAB3 cannot lawfully pass without referendum — CITEZW

Leader of the MDC and constitutional lawyer, Douglas Mwonzora, maintains that the Constitutional Amendment Bill No. 3 cannot lawfully be enacted without a referendum, insisting that even the reasoning advanced by Zanu PF officials ultimately leads to the same conclusion.

Mwonzora, one of the key negotiators and drafters of Zimbabwe’s 2013 Constitution, said the proposed amendments currently before Parliament affect constitutional provisions contained in the Bill of Rights and therefore require approval through a national referendum.

His remarks come as debate over the bill continues in Parliament, with supporters of the bill maintaining that legislators have the authority to pass the proposed changes without seeking direct approval from voters.

In an interview with CITE, Mwonzora said the argument advanced by Justice Minister Ziyambi Ziyambi and Zanu PF’s legal secretary Paul Mangwana, that CAB3 does not amend the Bill of Rights and therefore does not require a referendum, is flawed.

“By the argument of Zanu PF, the bill has to be taken for a referendum,” he said.

“And there is another justification for the referendum, that is the second referendum. It is that where there is a need to extend the term limit, you must have a referendum. But where there is the need to benefit the incumbent, then you must have another referendum.”

Mwonzora said his position is based on the same constitutional interpretation used by supporters wanting the bill.

“A referendum is unavoidable and I am using Zanu PF’s own argument,” he said.

“Zanu PF says this bill cannot be taken to a referendum because it does not amend the Bill of Rights. Looking at that argument, we then look at whether this bill in any way affects the Bill of Rights.”

The Bill of Rights is contained in Sections 40 to 87 of Zimbabwe’s Constitution, placing Section 67, which deals with political rights, squarely within its scope.

“Section 67 contains what are called political rights and under Section 67 there are two important political rights, the right to vote and the right to be voted for,” Mwonzora said.

“Section 67 says under the right to vote, every Zimbabwean adult over the age of 18 has the right to vote. That means every Zimbabwean, irrespective of station in life, position, whether they are an MP or not, has the right to vote.”

Therefore provisions contained in CAB3 would effectively alter that right by restricting participation in the election of a President under certain circumstances.

“The amendment then goes on to say that the President is only going to be voted for by Members of Parliament, which means that provision has now been effectively amended, and it has been amended by implication,” Mwonzora said.

He noted the practical effect of the proposed amendment would be to qualify an otherwise universal right because it will now be possibly read as follows: “‘every Zimbabwean has the right to vote, provided that if it is a presidential election then only Members of Parliament are allowed to vote,’”

“So Section 67 has been amended by implication and by the argument of Zanu PF, by their own argument, then it has to be taken for a referendum.”

Beyond the issue of political rights, Mwonzora argued that CAB3 also runs into constitutional hurdles relating to term limits and provisions governing incumbents.

He cited Section 328(7) of the Constitution, which was specifically designed to prevent office holders from benefiting from constitutional amendments extending their terms of office.

“In fact, in terms of the Constitution, where there is an extension of term, so assuming that the referendum for extension of term succeeds, the Constitution says that extension cannot benefit the incumbent,” Mwonzora said.

“Now, if you want the extension to benefit the incumbent, then you have to amend Section 328 (7).”

The Constitution imposes a higher threshold for any attempt to amend that safeguard. Mwonzora added.

“Section 328 (7) says if there is any need to extend the period of time that a person holds office and if there is need for the incumbent benefits, then this must be done as if you are amending the Bill of Rights,” he said.

“We all know the Bill of Rights is amended by referendum. So Section 328 is also amended only by referendum.”

Mwonzora argued this makes it impossible for Parliament to lawfully bypass a referendum.

“So they cannot avoid a referendum at all, looking at even their own arguments,” he said.

Even if Zanu PF supporters insist Parliament has the constitutional authority to amend the Constitution without consulting voters in this instance, Mwonzora said such arguments overlook a key constitutional provision governing Parliament’s powers.

“They are not looking at Section 117 of the Constitution. Section 117 says that Parliament has the power to amend this Constitution only in terms of Section 328.”

He argued that Parliament’s authority is therefore not unlimited and must be exercised strictly within the procedures prescribed by Section 328.

“The powers of Parliament are given somewhere around Section 117 and Section 117 says that Parliament has the power to amend the Constitution only in terms of Section 328,” he said.

“And Section 328 provides that if it is the Bill of Rights then it has to be a referendum.”

Mwonzora further contended that CAB3 suffers from another legal defect because it combines several distinct constitutional issues into a single amendment bill.

He explained that Zimbabwe’s Constitution does not permit provisions extending terms of office and provisions allowing incumbents to benefit from those extensions to be dealt with in the same amendment process.

“They cannot afford two referendums but they also have another problem,” Mwonzora said.

“The Constitution clearly says the amendment to change the term limit and the amendment allowing the incumbent to benefit cannot be in the same amendment. The provisions cannot be in the same bill.”

He noted the current bill contains multiple clauses dealing with extensions of terms for the President and Members of Parliament, as well as provisions relating to who benefits from those extensions.

“We have four clauses that deal with extension of time, extension of time for President, extension of time for Members of Parliament, and then extension of term for benefit by the President and benefit by Members of Parliament and that makes the bill inherently illegal,” Mwonzora said.

The post Mwonzora says even using Zanu PF’s own argument, CAB3 cannot lawfully pass without referendum appeared first on Zimbabwe Situation.

Source: Police bust suspected illicit alcohol factory, seize ethanol and equipment — CITEZW

Police have raided a suspected illicit alcohol manufacturing operation in Bulawayo, recovering large quantities of ethanol, distilling equipment suspected to have been used in the illegal enterprise.

Speaking during a media briefing, provincial police spokesperson Inspector Nomalanga Msebele said the operation followed a tip-off from members of the public.

“We received a tip-off that there was a premises in town producing illicit alcohol. We went there and recovered three full 200-litre drums containing ethanol,” said Insp Msebele.

Police also discovered assorted alcoholic products suspected to be illicit brews commonly known as “njengu” and other unregulated brands.

“We recovered various assortments of alcohol which we suspect to be njengu and other illicit products. When we asked for licences authorising production and distribution, none were produced,” she said.

Authorities confiscated distillers and other equipment found at the premises and impounded two vehicles linked to the operation.

The raid comes amid concerns over the proliferation of counterfeit alcoholic beverages.

Among the confiscated products were suspected “fake” Highlanders African Gin, a beverage which was recently launched to celebrate the club’s 100 years of existence.

Inspector Msebele warned that the production, distribution and sale of illicit alcohol are prohibited under existing laws and urged members of the public to report suspicious activities.

“These illicit brews are often produced in backyards. The Harmful Liquids Act also makes it an offence for property owners to allow their premises to be used for such activities,” she said.

She urged consumers to purchase alcohol only from licensed suppliers and distributors.

“Do not buy from unlicensed producers or distributors. Genuine operators should be able to produce the necessary licences,” said Insp Msebele.

The latest bust forms part of an ongoing police crackdown on drugs and substance abuse.

Last week, police arrested five suspects for allegedly transporting drugs along Solusi Road.

“The fight against drugs and substance abuse is ongoing and we are leaving no stone unturned. We call on communities and stakeholders to join us in combating this menace that is destroying lives and communities,” she said.

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Source: After saving her children from fire, mother pleads for help — CITEZW

A Bulawayo mother who smashed a window with her bare hands to rescue her children from a raging fire is appealing for public assistance after the blaze destroyed nearly all of the family’s belongings.

Portia Rutendo Ncube says she still relives the terrifying moments of Tuesday afternoon, when she raced from work to her flat in Bulawayo’s central business district fearing she would lose her children.

The fire broke out on Tuesday afternoon at a residential block between 4th and 5th Avenue along Lobengula Street, gutting the family’s apartment and leaving them without a home.

Ms Ncube said she was at her workplace at Fidelity Building shortly after lunch when she received a distressing phone call from her house help.

“Her voice was full of fear. She said there is smoke coming into the house. As soon as I heard her voice shaking, I grabbed my bag and rushed,” said Ms Ncube.

She said ongoing roadworks along Lobengula Street delayed her journey, forcing her to disembark at the corner of 4th Avenue and run to the apartment.

When she arrived, the main entrance to the flat had already been engulfed by flames.

Desperate to reach her children, Ms Ncube entered through a neighbouring flat but found the connecting door locked.

With no other way in, she smashed a window to get inside.

“I went to the window that did not have burglar bars and I broke it with my hands,” she said.

“I broke the window and got my baby out.”

All the children were rescued safely, but the fire destroyed most of the family’s household property.

Ms Ncube said she is still battling trauma and chest pains after inhaling smoke during the rescue.

“Even though we lost property, we thank God for the preservation of life. I felt if I delayed, it was going to be bad news,” she said.

The fire is suspected to have started in a downstairs section of the building, reportedly due to an electrical fault linked to refrigeration equipment.

The intense heat and thick smoke caused ceilings to collapse and melted household appliances beyond repair.

However, some critical family documents, including certificates, were saved.

The family is now urgently looking for accommodation while trying to rebuild their lives.

Ms Ncube has appealed to members of the public for financial assistance to help secure shelter and replace essential household items.

“I would appreciate any financial help from people because I have to look for accommodation and buy property,” she said.

Those willing to assist can contact Portia Rutendo Madzivire on 0777574619.

Financial contributions can also be sent via bank deposit to: Bank Name: Stanbic Account Name: Portia R Ncube Account Number: 9140008966469

The post After saving her children from fire, mother pleads for help appeared first on Zimbabwe Situation.

Source: CAB3 can still be challenged in court after passing parliament — CITEZW

Legal avenues remain available to challenge the Constitution Amendment Bill No. 3 (CAB3) even if it is passed by Parliament, with MDC leader and constitutional lawyer Douglas Mwonzora noting that Zimbabwe’s Constitutional Court will face a difficult task justifying a ruling in favour of the controversial legislation.

The proposed amendment bill continues to divide opinion over both its constitutional validity and the manner in which Parliament should handle one of the most consequential constitutional amendments proposed since the adoption of Zimbabwe’s 2013 Constitution.

In an interview with CITE, Mwonzora said the CAB3 can still be challenged in court once the parliamentary process is complete,stating that proposed amendments violate constitutional provisions relating to voting rights and term limits.

His comments come as the debate over CAB3 continues in Parliament amid opposition from ordinary citizens, some politicians, and constitutional experts, who argue that aspects of the bill require a national referendum.

Asked whether there would still be legal remedies available should the bill sail through Parliament, Mwonzora was emphatic.

“Yes, definitely, definitely there is,” he said.

He explained that previous attempts to challenge the bill had been hampered by the Constitutional Court’s reliance on the “ripeness principle,” a legal doctrine which holds that courts should not intervene before a dispute has fully materialised.

“The Constitutional Court, in order to frustrate people from approaching it, has been using what is called the ripeness principle,” said Mwonzora.

“The ripeness principle is that the matter is not yet ready for court.”

According to Mwonzora, when earlier court challenges were brought against the proposed amendments, judges questioned whether Parliament would ultimately pass the bill in its existing form.

“I think when the other court cases were argued before the Constitutional Court, the Constitutional Court was saying, ‘How do you know that Parliament is going to be irrational? How do you know that Parliament is not going to change this clause as it stands?’” he said.

“So you have to wait until Parliament becomes irrational.”

He argued once Parliament has completed its deliberations and approved the bill, any challenge based on the final text would be ripe for judicial determination.

“It has to be taken to the Constitutional Court,” said Mwonzora.

“I think that the Constitutional Court will rule in favour of a referendum because it has already ruled in favour of a referendum when it comes to extension of the presidential term limit.”

Mwonzora said he struggles to see how the country’s highest court could reach a different conclusion when confronted with arguments that CAB3 effectively alters Zimbabweans’ voting rights.

“I am yet to see how else a Constitutional Court can rule if we present it with an argument that there are people who have been voting for president over the years,” he said.

“They have no interest in being in Parliament, but they are now being told that you can no longer vote for president. Has their right to vote not been affected? Has their right to vote not been amended?”

He maintained that the issue is straightforward from a constitutional perspective.

“I’m yet to see the Constitutional Court reason in any other way. There is absolutely no reason. It’s a clear-cut case,” he said.

Meanwhile, Mwonzora said a secret ballot was necessary for Members of Parliament to vote on the bill citing the current political environment that makes it difficult for legislators to freely express their views.

He said incidents of violence and intimidation against critics of CAB3 have created a climate of fear that could influence how MPs vote if their positions are publicly known.

“A secret ballot is necessary because as we were going towards the outreach and during the outreach and even post-outreach, we witnessed violence meted against people who were anti-CAB3,” he said.

Mwonzora cited several examples, including assaults on constitutional law expert Professor Lovemore Mhaduku and lawyer Douglas Coltart, whose assailants have not been brought to book.

He also pointed to alleged harassment of MDC members and journalists in Bulawayo, as well as the continued detention of some MDC youths.

“The MDC women in Bulawayo on two occasions, including journalists in Bulawayo, were harassed and nothing happened to the assailants. The MDC youths are languishing in prison right now,” he said.

According to Mwonzora, MPs are fully aware of these incidents and may fear repercussions if they openly oppose the bill.

“All this is in the view of Members of Parliament who are going to vote,” he said.

“These Members of Parliament know that there is a group of powerful people or connected people that can mete out violence on people who don’t support CAB3 and those people will go scot-free.”

As a result, he argued, legislators may feel pressured if voting is conducted publicly.

“So when they vote, they will be afraid if they are asked to vote by show of hands or by popular acclamation, which is what the Speaker is driving towards,” he said.

Mwonzora criticised proposals that would allow voting through voice acclamation, where lawmakers indicate support or opposition by shouting “aye” or “nay”.

“By popular acclamation, they say, ‘those who agree say aye, then those who don’t agree say nay, I think the ayes have it.’ They want to judge by noise,” he said.

He argued that a secret ballot would better protect MPs from external pressure and ensure that the outcome reflects their genuine views.

“If it is by secret ballot then we know that it is the free expression of the views of the Members of Parliament, whether it is in our favour or not, it doesn’t matter, as long as the Members of Parliament are voting by their conscience,” said Mwonzora.

“We still think that they should vote by secret ballot.”

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Source: Activists urge MPs to put Zim first as pressure mounts over CAB3 in Parliament — CITEZW

The post Activists urge MPs to put Zim first as pressure mounts over CAB3 in Parliament appeared first on Zimbabwe Situation.