No more legal hurdles for CAB3

The Constitutional Court has dealt another major blow to opponents of the Constitution Amendment (No. 3) Bill (CAB3), striking off a challenge by former Binga North MP Prince Dubeko Sibanda and effectively clearing the way for the controversial legislation to continue its passage through Parliament.

In a unanimous ruling authored by Justice Bharat Patel and endorsed by Chief Justice Elizabeth Gwaunza, Deputy Chief Justice Paddington Garwe, Justices Rita Makarau, Susan Gowora, Ben Hlatshwayo and Acting Constitutional Court judge Antonia Guvava, the court held that Sibanda's application was premature because the Bill remains part of an ongoing legislative process.

The decision removes an immediate legal obstacle facing the constitutional amendment proposal, which includes provisions that would extend the terms of office of the President and Parliament while also introducing changes to Zimbabwe's electoral framework.

The ruling marks the second time in recent months that the courts have declined to intervene in efforts to halt CAB3 before Parliament completes its work.

Sibanda had challenged clauses 4(b) and 9(b) of the proposed legislation, arguing that they sought to circumvent Section 328(7) of the Constitution, which prevents constitutional amendments extending term limits from benefiting incumbent office holders.

He contended that Parliament had already acted unconstitutionally by processing a Bill that purported to operate "notwithstanding Section 328(7)."

However, the Constitutional Court declined to consider the merits of the challenge, focusing instead on whether the matter was ripe for adjudication.

Justice Patel noted that the Bill remains unfinished and could still be amended, rejected or withdrawn during the legislative process. As such, the court said it would not engage in hypothetical constitutional disputes based on a proposal whose final form remains uncertain.

"The final shape and form of the Bill remain presently unknown," Justice Patel wrote in the judgment.

The court emphasised the importance of judicial restraint and the separation of powers, saying Parliament must be allowed to conduct its legislative business without premature judicial intervention.

Judges also pointed to constitutional safeguards that remain available later in the process, including the President's power to refer legislation back to Parliament or seek an advisory opinion from the Constitutional Court if constitutional concerns arise after the Bill has been passed.

Importantly, the court did not rule on whether the contested provisions are constitutional, leaving that question open for future determination should circumstances require it.

While the judgment stopped short of endorsing the disputed clauses, its practical effect is significant. The amendment process remains intact and continues to advance through Parliament.

The ruling follows another unsuccessful court challenge mounted by war veterans who had sought judicial intervention against the proposed constitutional changes.

Together, the decisions suggest that Zimbabwe's courts are reluctant to entertain attempts to stop the amendment process before Parliament has completed its constitutional mandate.

The legal victory for CAB3 comes just days after the National Assembly overwhelmingly approved the Bill, with 216 legislators voting in favour, comfortably exceeding the two-thirds majority threshold of 187 votes required for constitutional amendments.

Forty-two legislators voted against the proposal.

The outcome reflected substantial support beyond Zanu-PF's parliamentary ranks, with at least 35 opposition MPs joining ruling party lawmakers to secure the decisive victory.

The Bill is now set to move to the Senate, where it must again secure a two-thirds majority before proceeding further.

Political analysts believe the legislation has a strong chance of passing in the upper chamber given Zanu-PF's numerical dominance.

One of the issues raised during parliamentary deliberations was a proposal that Parliament should play a consultative role in the appointment of the additional ten senators envisaged under CAB3.

If approved by the Senate, the Bill will be transmitted to President Emmerson Mnangagwa for assent.

Under Zimbabwe's constitutional amendment procedures, a Bill must be passed by both the National Assembly and Senate before it can become law.

With two court challenges having failed and the National Assembly vote already secured, CAB3 now moves into what could be its final and most decisive parliamentary phase.