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Parly asked to subject Constitution Amendment Bill to referendum
1 hr ago |
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A concerned citizen, Kennedy Kaitano, has written to Clerk of Parliament Kennedy Chokuda urging Parliament to subject the newly gazetted Constitution Amendment No. 3 Bill to a national referendum, arguing that citizens must be directly involved in decisions affecting term‑limit provisions.
Kaitano said he appreciated Parliament's call for public submissions but insisted that the Bill cannot proceed without a referendum, citing specific constitutional clauses that govern amendments affecting the tenure of public office holders.
"Thank you for inviting Zimbabweans to contribute their views on the recently gazetted Constitutional Amendment Bill Number Three. I hope Zimbabweans will overwhelmingly contribute, and that their views will be taken on board," he wrote.
He argued that the Bill must comply with Section 95 of the Constitution, which outlines the term of office for the President and Vice‑Presidents, and Section 328, which governs amendments to term‑limit provisions.
Kaitano highlighted that Section 328 defines a "Constitutional Bill" as one that seeks to amend the Constitution, and a "term‑limit provision" as any clause limiting how long a person may hold public office. He further cited Clause 7 of Section 328, which states that any amendment extending the length of time a person may hold office cannot apply to anyone who has previously held that office.
He also referenced Clause 8 of Section 328, which prohibits amending subsections (6) and (7) in the same Constitutional Bill or putting amendments to both subsections to the people in the same referendum.
Kaitano said these provisions make a referendum unavoidable if the Bill seeks to alter term‑limit conditions.
"It is, therefore, my humble submission that the Amendment Bill that has been gazetted be withdrawn and revised to include provisions of Section 328 of the Constitution that call for a referendum when there is an intention to extend the length of time that a person may hold or occupy any public office," he said.
He added that he had copied the Minister of Justice, Legal and Parliamentary Affairs, as well as other relevant bodies, to ensure the matter receives proper attention.
"It is my hope that my views will be considered among others," he said.
Kaitano said he appreciated Parliament's call for public submissions but insisted that the Bill cannot proceed without a referendum, citing specific constitutional clauses that govern amendments affecting the tenure of public office holders.
"Thank you for inviting Zimbabweans to contribute their views on the recently gazetted Constitutional Amendment Bill Number Three. I hope Zimbabweans will overwhelmingly contribute, and that their views will be taken on board," he wrote.
He argued that the Bill must comply with Section 95 of the Constitution, which outlines the term of office for the President and Vice‑Presidents, and Section 328, which governs amendments to term‑limit provisions.
Kaitano highlighted that Section 328 defines a "Constitutional Bill" as one that seeks to amend the Constitution, and a "term‑limit provision" as any clause limiting how long a person may hold public office. He further cited Clause 7 of Section 328, which states that any amendment extending the length of time a person may hold office cannot apply to anyone who has previously held that office.
Kaitano said these provisions make a referendum unavoidable if the Bill seeks to alter term‑limit conditions.
"It is, therefore, my humble submission that the Amendment Bill that has been gazetted be withdrawn and revised to include provisions of Section 328 of the Constitution that call for a referendum when there is an intention to extend the length of time that a person may hold or occupy any public office," he said.
He added that he had copied the Minister of Justice, Legal and Parliamentary Affairs, as well as other relevant bodies, to ensure the matter receives proper attention.
"It is my hope that my views will be considered among others," he said.
Source - Byo24News
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