CAB3 bill turns Zimbabwe military into 'Fawcett'

A heated exchange erupted in the National Assembly on Wednesday after Citizens Coalition for Change (CCC) legislator Innocent Zvaipa argued that a proposed constitutional amendment would weaken the Zimbabwe Defence Forces (ZDF) by stripping it of its constitutional guardianship role.

The Zengeza West MP made the remarks during debate on the Constitution of Zimbabwe Amendment (No. 3) Bill (CAB3), drawing immediate objections from Zanu-PF lawmakers and prompting intervention from Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi.

Zvaipa took issue with Clause 16 of the Bill, which seeks to amend Section 212 of the Constitution by replacing the phrase "and to uphold this Constitution" with "in accordance with the Constitution" in relation to the duties of the defence forces.

He argued that the proposed wording would fundamentally alter the military's constitutional role.

"This Bill has come at the wrong time. It has come to divide people in this country. It has come to divide even Zanu-PF members. It has also divided our opposition members," Zvaipa told Parliament.

As ruling party legislators challenged his assertion that Zanu-PF was divided over the Bill, Zvaipa insisted the constitutional amendment had created political tensions across the country.

"The war veterans who fought for the country are no longer getting along because of this Bill," he said.

The legislator then referenced the military-assisted transition that ended former President Robert Mugabe's rule in November 2017, arguing that the proposed amendment would reduce the military's constitutional standing.

"In 2017, when things were not going well in this country, the army assisted us in correcting it. The army is now being withdrawn so that it comes in as a security, as a Fawcett," he said, comparing the military to a private security company.

Temporary Speaker Mercy Mugomo immediately instructed Zvaipa to take his seat before giving the floor to Minister Ziyambi.

The minister strongly rejected the remarks, saying the amendment did not diminish the military's role.

"I think that if people rise to contribute, they must say things that are there, not things that are from their mind or to show their foolishness. Nothing in the Bill says the army is now Fawcett. The Honourable Member must withdraw that statement," Ziyambi said.

Zvaipa refused to retract the statement, responding that the minister's criticism reinforced his position.

The Justice Minister has consistently defended the amendment, arguing that it strengthens constitutional democracy by clarifying civilian supremacy and the military's subordination to the Constitution.

"It has been suggested that this weakens the constitutional position of the military. The truth is precisely the opposite," Ziyambi previously told Parliament.

"The amendment strengthens the subordination of the military to the Constitution."

He argued that the previous wording created ambiguity regarding whether the military was subject to the Constitution or stood as an independent guardian alongside elected institutions.

Beyond the military provisions, CAB3 proposes several significant constitutional changes, including extending the terms of the President and Parliament from 2028 to 2030, replacing direct presidential elections with a parliamentary electoral system, and increasing the President's power to appoint senators.

The Bill has exposed divisions within opposition ranks, with some CCC legislators openly opposing the amendments while others have expressed support.

Among those who have publicly rejected the Bill are Innocent Zvaipa, Karenyi Kore, Leslie Mhangwa, Agency Gumbo, Gladys Hlatywayo, Joanah Mamombe, Edwin Mushoriwa and several other opposition MPs.

Meanwhile, a separate group of CCC legislators has backed the proposed amendments, arguing that they support governance continuity and political stability.

Political analysts expect the Bill to pass, given Zanu-PF's two-thirds majority in the National Assembly and its influence in the Senate.

Former CCC leader Nelson Chamisa weighed in on the parliamentary debates, praising some legislators who opposed the Bill while criticising those backing it.

"I'm impressed by some young people there," Chamisa said. "It's really a proud moment. But also hugely embarrassed by the hired ones."

The debate is expected to continue as Parliament moves closer to a decisive vote on one of the most consequential constitutional amendment proposals since the adoption of the 2013 Constitution.