News / National
CCC MP says Defence Forces clause has 'hidden agenda'
2 hrs ago |
80 Views
The opposition has declared its firm rejection of the Constitutional Amendment Bill No. 3 (CAB3) in its entirety, with legislators raising alarm over proposed changes to the constitutional mandate of Zimbabwe's Defence Forces.
Debate on the controversial Bill continued in the National Assembly on Thursday, where Citizens Coalition for Change (CCC) Ruwa MP Thomas Muwodzeri strongly criticised Clause 16, describing it as the most dangerous provision in the proposed legislation.
Clause 16 seeks to amend Section 212 of the Constitution, which defines the functions and responsibilities of the Defence Forces.
"Clause 16. Mr Speaker, Sir, I come now to what I regard as the most constitutionally dangerous provision in the entire Bill," said Muwodzeri.
"Clause 16 proposes to amend Section 212 of the Constitution governing the functions of the Defence Forces."
He noted that the current Constitution clearly mandates the Defence Forces to defend Zimbabwe, protect its territorial integrity and sovereignty, and uphold the Constitution itself — provisions he said were fundamental to constitutional order.
"Section 212 of the current Constitution mandates that the Defence Forces of Zimbabwe exist to defend Zimbabwe, protect its integrity, territory and sovereignty, and uphold its Constitution. That fidelity obligation is not incidental. It is fundamental," he said.
Muwodzeri argued that removing the military's explicit obligation to uphold the Constitution would have serious implications for governance and constitutional accountability.
"A government that disempowers its own military from the constitutional obligation to defend the Constitution is a government that has something to fear from a constitutionally faithful military," he said.
He further warned that weakening this obligation could alter the balance between civilian authority and military accountability.
"The obligation to uphold the Constitution is the legal basis upon which the Defence Forces may, in extreme cases, resist unconstitutional conduct, including unconstitutional conduct by the Executive," he said.
"Remove that obligation and you have a Defence Force whose loyalty runs not to the Constitution of Zimbabwe, but to whoever issues the command."
Muwodzeri insisted that the proposed amendment risks transforming the Defence Forces into an institution accountable primarily to the executive branch rather than to constitutional principles.
"This is dangerous. This is not military theory. This is constitutional architecture," he said.
He added that civilian supremacy over the military is already sufficiently protected under the existing constitutional framework, and therefore the proposed amendment was unnecessary.
Supporters of the Bill have argued that the constitutional changes are intended to refine institutional roles and strengthen governance structures, but critics say the proposals could weaken key safeguards embedded in the Constitution.
The opposition has vowed to reject the Bill in its entirety as parliamentary debate continues amid rising political tensions over the proposed reforms.
Debate on CAB3 is expected to continue in the National Assembly on Friday.
Debate on the controversial Bill continued in the National Assembly on Thursday, where Citizens Coalition for Change (CCC) Ruwa MP Thomas Muwodzeri strongly criticised Clause 16, describing it as the most dangerous provision in the proposed legislation.
Clause 16 seeks to amend Section 212 of the Constitution, which defines the functions and responsibilities of the Defence Forces.
"Clause 16. Mr Speaker, Sir, I come now to what I regard as the most constitutionally dangerous provision in the entire Bill," said Muwodzeri.
"Clause 16 proposes to amend Section 212 of the Constitution governing the functions of the Defence Forces."
He noted that the current Constitution clearly mandates the Defence Forces to defend Zimbabwe, protect its territorial integrity and sovereignty, and uphold the Constitution itself — provisions he said were fundamental to constitutional order.
"Section 212 of the current Constitution mandates that the Defence Forces of Zimbabwe exist to defend Zimbabwe, protect its integrity, territory and sovereignty, and uphold its Constitution. That fidelity obligation is not incidental. It is fundamental," he said.
Muwodzeri argued that removing the military's explicit obligation to uphold the Constitution would have serious implications for governance and constitutional accountability.
"A government that disempowers its own military from the constitutional obligation to defend the Constitution is a government that has something to fear from a constitutionally faithful military," he said.
He further warned that weakening this obligation could alter the balance between civilian authority and military accountability.
"The obligation to uphold the Constitution is the legal basis upon which the Defence Forces may, in extreme cases, resist unconstitutional conduct, including unconstitutional conduct by the Executive," he said.
"Remove that obligation and you have a Defence Force whose loyalty runs not to the Constitution of Zimbabwe, but to whoever issues the command."
Muwodzeri insisted that the proposed amendment risks transforming the Defence Forces into an institution accountable primarily to the executive branch rather than to constitutional principles.
"This is dangerous. This is not military theory. This is constitutional architecture," he said.
He added that civilian supremacy over the military is already sufficiently protected under the existing constitutional framework, and therefore the proposed amendment was unnecessary.
Supporters of the Bill have argued that the constitutional changes are intended to refine institutional roles and strengthen governance structures, but critics say the proposals could weaken key safeguards embedded in the Constitution.
The opposition has vowed to reject the Bill in its entirety as parliamentary debate continues amid rising political tensions over the proposed reforms.
Debate on CAB3 is expected to continue in the National Assembly on Friday.
Source - newzimbabwe
Join the discussion
Loading comments…