News / National
Zimbabwe voters flood ConCourt to stop MPs from extending own terms
2 hrs ago |
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A wave of urgent legal challenges has been filed at the Constitutional Court as voters across Zimbabwe seek to block their Members of Parliament from voting on the Constitutional Amendment (No. 3) Bill, which proposes extending the terms of office for MPs, councillors, and President Emmerson Mnangagwa from 2028 to 2030.
Legal sources say as many as 67 applications were served on MPs as they left Parliament on Tuesday following the first reading of the Bill by Justice Minister Ziyambi Ziyambi, with all 210 legislators expected to be cited in related filings.
The applications are being brought by registered voters from different constituencies, arguing that lawmakers should be prevented from benefiting from constitutional changes they are still in the process of voting on.
In one of the cases, Tambara Casper, a voter from Nyanga North, has filed an application against his constituency MP, Chido Sanyatwe, seeking a declaration that even if the amendment is passed, it should not apply to sitting office-bearers.
Casper is represented by Coghlan, Welsh & Guest Legal Practitioners and argues that incumbents cannot lawfully extend their own terms through constitutional amendment without triggering constitutional safeguards, including provisions requiring a referendum.
Sanyatwe is the wife of retired former Zimbabwe National Army commander Anselem Sanyatwe.
The applicants argue that key provisions of the Bill are inconsistent with existing constitutional safeguards on term limits. They cite sections dealing with parliamentary tenure and presidential terms, as well as section 328(7), which they say prevents amendments from extending terms of office for current incumbents.
They also challenge the Bill's proposal to introduce an electoral college system for presidential elections, arguing that it would remove citizens' direct right to vote for the Head of State.
Casper further contends that the amendment infringes on political rights guaranteed under section 67 of the Constitution, by shifting presidential selection from voters to Parliament.
The applicants are seeking direct access to the Constitutional Court, bypassing lower courts, arguing that the matter raises urgent and purely constitutional questions that require immediate determination.
Legal analysts say the strategy of filing multiple parallel cases across constituencies could place significant procedural pressure on Parliament as it proceeds with debate on the Bill.
Meanwhile, Zanu-PF, which holds a parliamentary majority, has summoned its Members of Parliament for a caucus meeting as the Bill progresses through its legislative stages, according to a notice issued by chief whip Pupurai Togarepi.
The Constitutional Amendment Bill has become one of the most contested legislative proposals in recent years, drawing opposition from political actors, civil society groups, retired officials, and now a growing number of individual voters turning to the courts.
Legal sources say as many as 67 applications were served on MPs as they left Parliament on Tuesday following the first reading of the Bill by Justice Minister Ziyambi Ziyambi, with all 210 legislators expected to be cited in related filings.
The applications are being brought by registered voters from different constituencies, arguing that lawmakers should be prevented from benefiting from constitutional changes they are still in the process of voting on.
In one of the cases, Tambara Casper, a voter from Nyanga North, has filed an application against his constituency MP, Chido Sanyatwe, seeking a declaration that even if the amendment is passed, it should not apply to sitting office-bearers.
Casper is represented by Coghlan, Welsh & Guest Legal Practitioners and argues that incumbents cannot lawfully extend their own terms through constitutional amendment without triggering constitutional safeguards, including provisions requiring a referendum.
Sanyatwe is the wife of retired former Zimbabwe National Army commander Anselem Sanyatwe.
The applicants argue that key provisions of the Bill are inconsistent with existing constitutional safeguards on term limits. They cite sections dealing with parliamentary tenure and presidential terms, as well as section 328(7), which they say prevents amendments from extending terms of office for current incumbents.
They also challenge the Bill's proposal to introduce an electoral college system for presidential elections, arguing that it would remove citizens' direct right to vote for the Head of State.
Casper further contends that the amendment infringes on political rights guaranteed under section 67 of the Constitution, by shifting presidential selection from voters to Parliament.
The applicants are seeking direct access to the Constitutional Court, bypassing lower courts, arguing that the matter raises urgent and purely constitutional questions that require immediate determination.
Legal analysts say the strategy of filing multiple parallel cases across constituencies could place significant procedural pressure on Parliament as it proceeds with debate on the Bill.
Meanwhile, Zanu-PF, which holds a parliamentary majority, has summoned its Members of Parliament for a caucus meeting as the Bill progresses through its legislative stages, according to a notice issued by chief whip Pupurai Togarepi.
The Constitutional Amendment Bill has become one of the most contested legislative proposals in recent years, drawing opposition from political actors, civil society groups, retired officials, and now a growing number of individual voters turning to the courts.
Source - zimlive
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