Civic group urges Mnangagwa to hold referendum

FRESH pressure is mounting on President Emmerson Mnangagwa not to sign Constitutional Amendment Bill No. 3 into law, with civic organisation WeThePeople calling on him to first subject the proposed legislation to a national referendum.

The controversial Bill, which seeks to extend the terms of the President, Parliament and local authorities beyond 2028, has completed its passage through Parliament and now awaits presidential assent.

If signed into law, the amendment would extend the terms of the President, Members of Parliament and local authorities to 2030.

In a letter addressed to President Mnangagwa, WeThePeople urged him to honour his repeated assertion that "the voice of the people is the voice of God" by allowing Zimbabweans to decide the matter through a referendum.

"Your Excellency, you have on numerous occasions reminded the nation that 'the voice of the people is the voice of God.' We respectfully submit that there can be no greater expression of that principle than allowing the people of Zimbabwe to determine directly, through a national referendum, whether Constitutional Amendment Bill No. 3 should become part of the supreme law of the Republic," the organisation said.

"If indeed the voice of the people is the voice of God, then that voice ought to be heard before assent is given to legislation that seeks to alter the Constitution."

The organisation also argued that the proposed amendment should be considered in light of Section 328 of the Constitution, which contains safeguards relating to constitutional amendments affecting the tenure of incumbent office holders.

"It therefore follows that if Constitutional Amendment Bill No. 3 is intended to benefit the incumbent President or any current holder of public office through an extension of constitutional tenure or term limits, then the people themselves must be afforded the opportunity to pronounce on that question through a national referendum before such benefit can lawfully arise," the letter reads.

"Indeed, if any proposal seeks to override or alter the constitutional protection contained in Section 328(7), that constitutional safeguard itself carries additional protection under Section 328."

Although President Mnangagwa has repeatedly stated that he does not intend to seek another term when his current mandate expires in 2028, he has not publicly commented on the Constitutional Amendment Bill No. 3 during its passage through Parliament, despite calls from some supporters for his tenure to be extended to 2030.

WeThePeople urged the President to withhold his assent until Zimbabweans have had an opportunity to express their views through a national vote.

"You will not assent to Constitutional Amendment Bill No. 3 until the people of Zimbabwe have been afforded an opportunity to determine its legitimacy through a free, fair, transparent and nationally inclusive referendum," the organisation said.

"Should the proposed amendments have the effect of extending or conferring any benefit upon the incumbent President or any current office bearer regarding constitutional tenure or term limits, or modify any provision of Chapter 4 of the Constitution, a referendum shall first be conducted before any such amendment can lawfully take effect.

"The sovereignty of the people, from whom all constitutional authority derives, shall remain the guiding principle in determining the future of Zimbabwe's Constitution."

The Constitutional Amendment Bill No. 3 remains pending presidential assent before it can become law.