Presenters Supporting Constitutional Amendment Number Three Bill Confirm Need for Referendum

Being loyal Zimbabwean Citizens, members of the Zimbabwe Diaspora Initiative across the globe have followed developments around the Zimbabwe Constitutional Amendment Number Three Bill (CAB3) process with keen interest. We have watched footage of the process at the public hearings organised to gather evidence as part of the process, and noted how all the presentations made in the first two days of the process point to the need for a referendum.

Presenters supporting the amendments have said they want the term of office of the President, Parliament and Councillors extended to enable them to complete projects they promised to deliver during their election campaign. In the process, they have confirmed that some of the proposed amendments are term extension amendments as defined by the Constitution of Zimbabwe and require a referendum. A term-limit provision is defined in the Constitution of Zimbabwe as “a provision of this Constitution which limits the length of time that a person may hold or occupy a public office”. Subsection 7 of Section 328 states that Notwithstanding any other provision of this section, 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. The need for a referendum was confirmed by former Attorney General, and Zanu PF Politburo Member Comrade Patrick Chinamasa to correctly interpret the constitution before the current process got into motion.

We have noted with concern footage of the selective selection of people to make presentations, with people speaking against CAB3 having microphone snatched away from them. We have seen footage of people being threatened by other participants when they give views opposed to the bill, and we have read stories of people who spoke against the bill being assaulted. We have also seen footage of people being assaulted, and property being snatched away from people who have spoken against CAB3 before the hearings by rowdy crowds in the capital. Footage of the violent manner in which the process took place have been screened on South African Broadcasting Corporation and other regional and international news outlets.
The police who we expected would maintain order at this consultation have been nowhere to be seen to protect the speakers and those being assaulted, both inside and outside the venues.

We have also noted with concern the limited number of centres available for people to air their views. Very few people have had access to the venues, hence have been denied their democratic right to express themselves.

The process has failed to meet democratic standards where people are allowed to freely voice their opinion without being interrupted or attacked. Parliament of Zimbabwe must accept that errors were made and to gain credibility, a fresh start to the process whose framework will include the holding of a referendum is the way forward. With Parliament having failed to manage the process, we strongly recommend the involvement of the Southern Africa Development Community (SADC) in guiding the process. At least one centre should be provided for every urban constituency where travel distance is short, and two or three centres must be provided for large rural constituencies depending on size and travelling distance for people to get to the centres.

For further information contact Padmore Kufa, the Zimbabwe Diaspora Vote Initiative Secretary for Information and Publicity on +61 414 477 659