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Zimbabwe Constitutional Amendment Dispute Escalates as Citizen Signals Possible International Court Challenge

by Stephen Jakes
3 hrs ago | 147 Views
Political analyst has formally signaled intentions to pursue international legal action over the government's proposed Constitutional Amendment Bill No. 3, escalating tensions around a reform process already marked by controversy and public division.

In a petition addressed to the International Court of Justice, Mutare-based analyst Kennedy Kaitano raised concerns that the proposed amendment - currently under consideration by the Parliament of Zimbabwe - could violate constitutional provisions governing term limits.

The Bill seeks to extend the tenure of elected officials, including the President, Members of Parliament and councillors, from five to seven years.

 If implemented as proposed, the current term set to end in 2028 could be extended to 2030.

Kaitano argues that such an extension would directly contradict Section 328(7) of the Constitution, which prohibits amendments to term-limit provisions from benefiting incumbents already in office at the time of the change. 

Legal scholars and constitutional experts have echoed similar concerns, stating that any such adjustment would require strict adherence to constitutional safeguards, potentially including a national referendum.

The petition also references earlier statements by Patrick Chinamasa, a former Attorney-General and senior ruling party official, who previously indicated that extending a sitting President's term would necessitate a referendum.

Additionally, President Emmerson Mnangagwa had publicly described himself as a constitutionalist and indicated he would step down at the end of his current term in 2028, a position critics say is now in tension with the proposed reforms.

Beyond legal arguments, the petition raises allegations about the conduct of the consultation process surrounding the Bill. 

Claims include the circulation of pre-written endorsement letters purportedly signed by thousands of citizens, as well as reports of coercion and limited space for dissenting views.

Concerns over political intolerance have also been highlighted. Reports of violence against critics of the Bill—including incidents involving constitutional lawyer Lovemore Madhuku—have drawn condemnation from rights groups such as Amnesty International, which has called for investigations into alleged abuses.

While the International Court of Justice primarily handles disputes between states rather than individual petitions, Kaitano indicated he would consult with local and international legal experts to explore possible avenues for action.

Legal analysts note that any international challenge would face procedural hurdles, but say the move reflects growing frustration among segments of the population over the amendment process.

As public hearings continue, the debate over Constitutional Amendment Bill No. 3 is increasingly shaping up as a broader test of Zimbabwe's commitment to constitutionalism, rule of law, and democratic accountability.

Kaitano's remarks come after Zanu PF aligned Political analyst, Abigale Mupambi has urged the church to work with government in order to attain sustainable peace in the country.

She made the remarks when she delivered an address at an apostolic gathering at Karonga area near  Suswe in  Mudzi  District,  Mashonaland East Province, during the Easter holiday. 

The shrine is led by one popular prophet Madzibaba Jacob with Congregants drawn from across the ten provinces of Zimbabwe. 

Earlier on , Mupambi addressed thousands of United Methodist Congregants at Nyadire Camping site in Mutoko District. 

In her  speeches  she elaborated on the importance of the Church working together with government for the attainment of significant  peace, and development for all.

"It is very important for the church to work with government so as to promote sustainable peace in the country," she said.

She further took the opportunity to unpack the topical issue of the Constitutional Ammendment Bill . No. 03 ,emphasizing the participatory role of the Church .

She reiterated her statements that elections were hobbling a lot of resources yet there is little or no development because of continued political and election mood even after polls instead of development.

She said the CAB3 will enable the elected to have enough time to implement development.

Source - Byo24News
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