Dear Media
I have had sleepless nights trying to understand why legal minds such as Ziyambi Ziyambi, Jacob Mudenda and Emmerson Mnangagwa can fail to understand clauses of the Constitution that are written in such simple English that even a not-so-intelligent Grade Seven pupil will understand. I have wasted my nights, because I have come to grips with the fact that these educated lawyers know very well what is supposed to be done, but they somehow think they can pull the wool over our eyes and get the world to accept human stool for cake. They may use their brutal force and get their way, but they should know that we are aware of their evil intentions, and that the world is watching. History will judge them if they manage to steal. This certainly is an episode which will forever remain imbedded in the country’s history for posterity. Fortunately for them, they may have grown so corrupt and power hungry that they no longer care about the citizens of Zimbabwe and global opinion.
Section 328 of the Constitution of Zimbabwe define “term-limit provision” in a very clear manner. Term limit in Section 328, the sole section in the Constitution that deals with amendments to the Constitution defines term limit as “a provision of this Constitution which limits the length of time that a person may hold or occupy a public office”. It should be noted that it is only Section 328 which provides the framework for the amendment of the constitution, and the amendment are applied to any part of the Constitution as may be requested by citizens of Zimbabwe.Clause seven of the Constitution further states that “an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment.
Where a Constitutional Bill seeks to amend any provision of Chapter 4 or Chapter 16 or Chapter 16— (a) within three months after it has been passed by the National Assembly and the Senate in accordance with subsection (5), it must be submitted to a national referendum; and (b) if it is approved by a majority of the voters voting at the referendum, the Speaker of the National Assembly must cause it to be submitted without delay to the President, who must assent to and sign it forthwith.
Clause One of Section 95 of the Constitution of Zimbabwe which deals with the term of office of President and Vice-Presidents clearly specifies that the term of office of the President, except as otherwise provided in this Constitution, is five years and coterminous with the life of Parliament. To extend the length of that period from five to seven years is extending the length of time that a person may hold or occupy any public office and therefore requires a referendum, a position that was well explained by the former Zanu PF Secretary for Legal Affairs at the Zanu PF Annual Conference of 2024.
I would suggest the Professor Jonathan Moyo, Justice Minister Ziyambi Ziyambi, Speaker of Parliament Jacob Mudenda and His Excellency, the President, Comrade Emmerson Dambudzo Mnangagwa revisit their introductory lectures in law school and come back to the people with an accurate explanation of Constitution of Zimbabwe and revise Amendment Number 3 Bill. To err is human, and mistakes, once identified, should always be corrected.
The people of Zimbabwe should never be fooled to accept human stool for cake.
Kennedy Kaitano
Mutare
