Opposition split triggers backlash

The Constitution of Zimbabwe Amendment (No. 3) Bill (CAB3) passed through the National Assembly on Thursday after securing the required two-thirds majority, but the outcome has sparked fierce criticism from opposition figures, constitutional lawyers and civil society organisations who accuse opposition legislators of helping the ruling party push through controversial constitutional changes.

The Bill received 216 votes in favour, comfortably exceeding the 187 votes required to amend the Constitution.

Its passage exposed deep divisions within the opposition after 38 legislators aligned to Citizens Coalition for Change (CCC) self-styled secretary-general Sengezo Tshabangu voted alongside Zanu-PF, providing crucial support for the constitutional amendments.

With Zanu-PF controlling 181 seats in the National Assembly, critics argue the ruling party would have fallen short of the required threshold without support from opposition lawmakers.

The Bill now moves to the Senate, where it must also secure a two-thirds majority before it can be presented to President Emmerson Mnangagwa for assent.

A group of 42 opposition legislators aligned to CCC interim leader Jameson Timba voted against the Bill and have vowed to continue fighting the proposed amendments through legal and political channels.

Constitutional lawyer Musa Kika said opponents of the Bill should not expect Parliament to stop the legislation.

"It is folly for citizens who are opposed to CAB 3 to wait for the Parliamentary process to yield positive outcomes," Kika said.

"The current Senate, just like the Lower House, has no capacity to vote against CAB 3 given that Zanu-PF has significant numbers and the so-called opposition members in the Senate are a mix of Tshabangu-imposed pseudo-opposition characters and the type that can be bribed and has no fear to act against popular will."

Kika argued that opponents should focus on public mobilisation and court challenges.

"The hopes of the people still lie in popular mobilising and popular action. That is how the politicians will listen.

"The courts must also be used as an avenue, if only for the record, and to also expose them for being complicit in constitutional mutilation."

Another constitutional lawyer, Lovemore Madhuku, said attention was now turning to ongoing legal challenges against the Bill.

"We are beefing up our High Court case," Madhuku said.

"We feel that Parliament is slowing the process and wasting time because we cannot wait.

"We want to go back to the Constitutional Court with the other case by Prince Dubeko Sibanda, which the court said was not yet ripe.

"The outcome of Parliament is predetermined. We knew the Bill would pass."

Madhuku said legal remedies remained central to efforts to halt the amendments.

"On the political side, we are exhausting the legal remedies because political action may not be necessary if we win in the courts," he said.

The Constitution Defenders Forum (CDF), led by former Finance minister Tendai Biti, strongly condemned the vote.

"CDF condemns the passage of Constitution Amendment No 3 Bill in the strongest possible terms," the organisation said in a statement.

"Today's vote is a betrayal of the people of Zimbabwe and the spirit of the liberation struggle."

The organisation accused some legislators of placing personal and partisan interests ahead of the wishes expressed by citizens during public consultations.

"The struggle to defend the 2013 Constitution does not end in Parliament. It now enters a new phase," the statement said.

Former opposition legislator Job Sikhala also criticised the legislators who voted with Zanu-PF.

"What transpired today in Parliament should tell all of you that sellouts among ourselves who always come to masquerade as supporters of change in our country are pretenders and dangerous to the general cause of our people," Sikhala said.

"Today 38 members purporting to be opposition in Parliament have voted with Zanu-PF to sell the masses of our people."

The Zimbabwe Constitution Movement expressed similar concerns, arguing that the amendment process was being driven by political interests rather than national priorities.

"Zicomo remains deeply concerned that this amendment is driven not by the national interest but by the interests of a political elite determined to entrench its hold on power," the organisation said.

"Zimbabwe's Constitution was adopted to limit arbitrary authority, strengthen accountability and protect citizens from the excesses of unchecked power.

"Any attempt to weaken those safeguards represents a betrayal of both the spirit and the letter of the Constitution."

The organisation urged senators to vote according to their conscience when the Bill comes before the Upper House.

"This is a defining moment for Zimbabwe's democracy," it said.

Among those who voted against the Bill was Ropafadzo Makumire, who said the opposition had remained true to its principles despite losing the vote.

"The vote is lost, but the principle remains," Makumire said.

"We are proud that we have managed to stand with the people from the beginning."

CCC legislator Darlington Chigumbu said opponents would continue resisting the amendments beyond Parliament.

"It's time to organise ourselves and reflect what the people on the ground, those who voted for us want," he said.

With the Bill now heading to the Senate and several legal challenges expected to intensify, opponents say the battle over CAB3 has shifted from Parliament to the courts and the broader public arena, setting the stage for a prolonged political and constitutional contest.