Parts of CAB3 do not require referendum

The Law Society of Zimbabwe has said that while most provisions of Constitutional Amendment Bill No. 3 (CAB 3) can be passed through Parliament without a referendum, certain clauses must undergo a public vote to comply with both the Constitution and international law.

In its final submission at the end of the 90-day parliamentary consultation process, the Law Society clarified that the Bill may generally proceed under ordinary constitutional amendment procedures in terms of Section 328 of the Constitution.

However, it identified specific exceptions that require a referendum.

"Regarding the procedure applicable to passing the proposed amendments contained in CAB3, these submissions elaborate that save for the exception, CAB3 may be passed according to the ordinary requirements for a Constitutional Bill in terms of s 328 of the Constitution, without the need for a referendum," the organisation said.

The Law Society noted that clauses 4, 9 and 10 of the Bill fall outside this general rule, as they relate to presidential and parliamentary term limits and attempts to alter provisions governing incumbency protections.

It said these clauses effectively seek to amend Section 328 itself by removing safeguards that prevent constitutional changes from applying to sitting officeholders.

In terms of Section 328(9), any amendment to Section 328 must follow stricter procedures outlined in Sections 328(3) to (6), including approval through a referendum.

"The one exception is clauses 4, 9 and 10 of CAB3. These provisions propose amendments to term-limit provisions applicable to the President and Parliament and seek to amend s 328 of the Constitution itself… Clauses 4, 9, and 10 are required to be passed in accordance with the procedure set in Section 328(6) which includes a referendum," the Law Society said.

It warned that passing those provisions without a referendum would be unconstitutional and inconsistent with international legal standards.

"If adopted without a referendum, such adoption will be inconsistent with the Constitution and international law," the submission added.

The CAB 3 debate has become one of the most closely watched constitutional issues in Zimbabwe, as it includes proposals affecting presidential term limits and the eligibility of sitting officeholders under amended provisions.