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No referendum for Constitutional changes, says AG
2 hrs ago |
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Zimbabwe's Attorney-General Virginia Mabiza has dismissed calls for a referendum on the proposed constitutional amendments, saying such demands have no legal basis and are being driven by political considerations.
In an interview, Mabiza said the Constitution clearly outlines when a referendum is required, stressing that the current Constitutional Amendment Bill No. 3 of 2026 does 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," she said.
She explained that any amendment outside those provisions only requires a two-thirds majority in both Houses of Parliament before being sent to the President for assent.
According to Mabiza, the proposed amendments do not affect any of the protected sections, meaning a referendum is neither required nor legally permissible.
"I should emphasise that the constitutional basis for proceeding without a referendum is neither an option nor a loophole - Section 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," she said.
The Attorney-General added that the framework was intentionally designed to safeguard fundamental rights and land provisions from alteration without direct public approval, while allowing other amendments to proceed through Parliament.
Her remarks come amid growing calls from some stakeholders for a referendum on the proposed changes, arguing that such reforms require broader public consultation and endorsement.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also dismissed the calls, saying the Constitution adopted in 2013 Zimbabwe constitutional referendum already set clear guidelines.
"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," Ziyambi said.
The debate over Constitutional Amendment Bill No. 3 continues to intensify, with critics questioning both the substance of the proposed changes and the process being followed, while Government maintains that it is acting strictly within constitutional provisions.
In an interview, Mabiza said the Constitution clearly outlines when a referendum is required, stressing that the current Constitutional Amendment Bill No. 3 of 2026 does 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," she said.
She explained that any amendment outside those provisions only requires a two-thirds majority in both Houses of Parliament before being sent to the President for assent.
According to Mabiza, the proposed amendments do not affect any of the protected sections, meaning a referendum is neither required nor legally permissible.
"I should emphasise that the constitutional basis for proceeding without a referendum is neither an option nor a loophole - Section 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," she said.
The Attorney-General added that the framework was intentionally designed to safeguard fundamental rights and land provisions from alteration without direct public approval, while allowing other amendments to proceed through Parliament.
Her remarks come amid growing calls from some stakeholders for a referendum on the proposed changes, arguing that such reforms require broader public consultation and endorsement.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also dismissed the calls, saying the Constitution adopted in 2013 Zimbabwe constitutional referendum already set clear guidelines.
"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," Ziyambi said.
The debate over Constitutional Amendment Bill No. 3 continues to intensify, with critics questioning both the substance of the proposed changes and the process being followed, while Government maintains that it is acting strictly within constitutional provisions.
Source - The Herald
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