Zanu-PF MPs scrambling to defend CAB 3 lawsuits

ZANU PF is scrambling to defend an avalanche of lawsuits filed by voters against its Members of Parliament following their support for the controversial Constitution Amendment No. 3 Bill (CAB 3), as opposition to proposed constitutional changes continues to intensify.

Ahead of last week's vote in the National Assembly, voters from Zimbabwe's 210 constituencies filed petitions at the Constitutional Court seeking to prevent legislators from benefiting from provisions contained in the Bill.

The applicants are asking the court to declare that even if CAB 3 is ultimately enacted into law, sitting MPs cannot lawfully benefit from its provisions and must vacate office when the current parliamentary term expires on September 3, 2028.

The legal challenges focus on two key provisions of the Bill.

The first is the proposal to extend the parliamentary term from five years to seven years. Petitioners argue that the inclusion of a "notwithstanding section 328(7)" clause is an unconstitutional attempt to bypass safeguards designed to prevent elected officials from extending their own terms of office.

The second contested provision seeks to change the manner in which Zimbabwe elects its President. Under the proposal, the President would no longer be directly elected by citizens but instead chosen through an electoral college comprising Members of Parliament sitting jointly.

Although Zanu PF initially appeared unconcerned by the legal challenges, developments over the weekend suggested growing anxiety within the ruling party as legislators were urgently summoned to Harare to deal with the court applications.

Speaking at a district meeting, Zanu PF Manicaland provincial chairperson Tawanda Mukodza revealed that MPs from the province had been forced to miss an important gathering after being called to the capital.

"It is very unfortunate we do not have our MPs," Mukodza said. "They have been called to Harare urgently."

Several legislators from Manicaland confirmed that they had travelled to Harare to respond to the court cases.

"We had to rush to Harare to sign affidavits," said one MP who requested anonymity.

"You are aware we were challenged in the courts; this is why we are not there for the important meeting."

CAB 3 passed through the National Assembly after Zanu PF secured support from legislators aligned to the faction of the Citizens Coalition for Change (CCC) led by self-imposed interim secretary-general Sengezo Tshabangu.

The Bill sailed through with 216 votes in favour and 42 against, comfortably surpassing the two-thirds majority required for constitutional amendments and paving the way for consideration by the Senate.

The ruling party has, however, faced accusations that some legislators were induced to support the Bill through promises of vehicles and cash, allegations that have fuelled public anger and deepened divisions within the opposition.

Zanu PF also required lawmakers to vote openly rather than by secret ballot. The party's chief whip, Pupurai Togarepi, defended the move as a transparency measure, while critics argued it was designed to ensure party discipline and expose dissenters.

Senior party figures have meanwhile issued warnings to members opposed to the constitutional amendments. Masvingo Minister of State for Provincial Affairs and Devolution Ezra Chadzamira has publicly cautioned party members against holding clandestine meetings and hinted at possible disciplinary action against those resisting the Bill.

Several court applications challenging CAB 3 have already been filed. However, some early attempts to halt the legislative process were dismissed by the courts, including an application by former Binga North MP Prince Dubeko Sibanda. The courts ruled that efforts to stop Parliament from debating a Bill before it had completed the legislative process were premature.

The controversy surrounding CAB 3 has also widened divisions within opposition ranks. Critics, including former Citizens Coalition for Change leader Nelson Chamisa, have condemned opposition MPs who supported the Bill, accusing them of betraying voters and enabling constitutional changes that could fundamentally alter Zimbabwe's democratic framework.

Togarepi confirmed on Sunday that the ruling party had indeed summoned its legislators to address the legal challenges.

"Once you are summoned everyone has a right to be heard. So, naturally our MPs had to respond to those funny legal applications," he said.

As CAB 3 heads to the Senate, the mounting court battles signal that the political and legal contest over the proposed constitutional amendments is far from over.