Zanu-PF sacrifices pro-Mnangagwa MPs

The political battle over the Constitution of Zimbabwe Amendment Bill (No. 3) has taken a dramatic turn, with allegations emerging that ruling Zanu-PF leaders are withholding court documents from Members of Parliament facing legal challenges linked to the controversial legislation.

The claims come as Parliament prepares for a crucial vote on the Bill this week, amid mounting legal and political opposition to proposals that could reshape Zimbabwe's governance framework and potentially extend the tenure of incumbent officeholders.

At the centre of the controversy are Constitutional Court applications reportedly filed by voters in 210 constituencies seeking to prevent MPs from debating or voting on the Bill. The applicants argue that legislators stand to benefit personally from some of the proposed amendments, raising questions about constitutional compliance and conflicts of interest.

Sources within Zanu-PF allege that court papers served on individual lawmakers have been intercepted by party leadership, particularly Chief Whip Pupurai Togarepi, leaving many MPs unaware that legal proceedings have been initiated against them.

One senior party source claimed that only a handful of legislators had seen the applications.

"I don't know how many in Zanu-PF have seen the papers, but they are very few; the rest were taken by the party chief whip Pupurai Togarepi," the source alleged.

According to critics of the process, the withholding of court documents has left MPs vulnerable because each legislator was cited individually in the applications and is required to respond within prescribed court timelines.

Legal experts say failure by individual lawmakers to file notices of opposition and supporting affidavits could result in the applications proceeding without their personal defence being placed before the court.

"If an individual MP does not file a notice of opposition and opposing affidavit within time, the application against that MP may proceed as unopposed," one legislator familiar with the matter said.

The legal challenge reportedly centres on Section 328(7) of the Constitution, which restricts incumbent officeholders from benefiting from constitutional amendments that extend the duration of their terms in office.

Opponents of the Bill argue that some of the proposed changes could violate this provision if they result in serving officeholders benefiting from tenure extensions.

Sources further allege that the party's primary objective is to secure passage of the Bill before legal challenges can disrupt the parliamentary process.

The same concerns have reportedly been raised regarding MPs aligned to the faction of self-imposed Citizens Coalition for Change (CCC) secretary-general Sengezo Tshabangu, who are also said to have been affected by the handling of court documents.

A Zanu-PF legislator, speaking anonymously, claimed that party leaders wanted MPs to vote on the Bill before fully considering the legal and political implications.

"The two chief whips want to hold onto the applications and ensure the MPs vote on CAB 3 before or without considering the political implications of their vote," the MP alleged.

There are also reports that Parliament may seek to intervene collectively in the Constitutional Court proceedings. However, critics argue that such a move would not remove the obligation on individual MPs to defend themselves in their personal capacities.

Some opposition legislators have expressed concern that Parliament could be perceived as taking sides in a dispute involving constitutional interpretation.

Meanwhile, CCC Chief Whip Charles Moyo rejected suggestions that legislators aligned to Tshabangu were being prevented from accessing court documents.

"Any MP is free to come and collect their papers. It actually means less expense for us," Moyo said.

"The law firm that served us with the MPs' papers is better placed to respond why it didn't serve the respective legislators."

Efforts to obtain comment from Togarepi were unsuccessful, while Zanu-PF director of information Farai Marapira had not responded to inquiries at the time of publication.

The controversy comes as President Emmerson Mnangagwa remains at the centre of debate surrounding the proposed amendments. Although Mnangagwa has previously stated that he would not seek an extension of his tenure and has described himself as a constitutionalist, critics argue that he could become one of the principal beneficiaries if the amendments are adopted.

The Bill has also deepened divisions within Zanu-PF, with some political observers viewing the proposed changes as part of a broader succession struggle involving Vice President Constantino Chiwenga.

With voting on the Bill expected this week, both the legal challenge and the political contest surrounding Constitutional Amendment Bill No. 3 appear set to intensify, potentially shaping Zimbabwe's constitutional and political landscape for years to come.