Timba vows court battle after Senate endorsed CAB3

Defend the Constitution Platform (DCP) convenor Jameson Timba has vowed to continue challenging Constitutional Amendment Bill No. 3 (CAB3) through the courts and "other constitutional means" after the controversial legislation secured Senate approval on Wednesday.

The Bill passed with the required two-thirds majority after 75 senators voted in favour while four voted against it, receiving support from both Zanu PF and opposition Citizens Coalition for Change (CCC) senators.

CAB3 now returns to the National Assembly for consideration of amendments made by the Senate before it can be transmitted to President Emmerson Mnangagwa for assent.

In a statement issued on Thursday, Timba said Parliament's approval of the Bill did not settle the constitutional concerns raised by citizens, civil society organisations, constitutional scholars and political actors during nationwide consultations held earlier this year.

"While this development marks the completion of another parliamentary stage in the legislative process, it does not alter our firmly held conviction that CAB3 remains fundamentally inconsistent with the letter, spirit and democratic principles of the Constitution of Zimbabwe," Timba said.

He argued that parliamentary approval did not confer democratic legitimacy on constitutional changes that, in his view, seek to alter the country's constitutional framework without the direct consent of citizens.

"The passage of the Bill through Parliament does not resolve the constitutional questions that have been raised by citizens, civil society organisations, constitutional scholars and political actors across the country, nor does it confer democratic legitimacy on provisions that seek to alter the constitutional architecture of our Republic without the direct consent of the people," he said.

Among its provisions, CAB3 seeks to extend the terms of office of President Mnangagwa, Members of Parliament and local authority councillors by two years.

Timba said the outcome of the parliamentary process demonstrated the determination of the Bill's proponents to proceed despite widespread objections.

"What is becoming increasingly clear is that those driving CAB3 are determined to proceed on a path that many Zimbabweans regard as unconstitutional, unnecessary and contrary to the principles upon which our Constitution was founded," he said.

He maintained that Parliament was only one of several constitutional avenues available to citizens seeking to oppose the amendments.

"From the very beginning, we have maintained that there are multiple constitutional arenas through which citizens may lawfully defend their Constitution. Parliament was one such arena. The courts remain another," Timba said.

He expressed confidence that the judiciary would independently determine the constitutional challenges that have already been filed against the Bill.

"The Constitution belongs to the people. The people are not spectators in constitutional affairs. They are the authors of the Constitution, the source of sovereign authority and, ultimately, the last line of defence against constitutional erosion," he said.

Several civic organisations, legal experts and opposition parties have criticised CAB3, arguing that it undermines constitutionalism and democratic governance, while the government and its supporters maintain that the amendments are lawful and intended to improve governance and policy continuity.

Once the National Assembly considers the Senate's amendments, the Bill will be sent to President Mnangagwa, who will decide whether to sign it into law.