Zimbabwean Citizens must explore the possibility of taking issues with the International Court of Justice

Dear International Court of Justice,

I am not a lawyer, nor do I understand the processes involved in taking issues to you. I also do not know when it is justified to take issues to you, but with this email, I am giving notification that you may get a case lodged against the Government of Zimbabwe for taking Zimbabweans for fools through the intended Constitutional Amendment, which the Parliament of Zimbabwe and the Zimbabwean Cabinet want to implement in a way that many people see as unconstittional, illegal and fraudulent. 

From the understanding of many legal minds, academics, and ordinary Zimbabweans, a Constitutional Amendment to change the length of the term of office of elected officials does not benefit the incumbent under the Constitution of Zimbabwe. However, the Parliament of Zimbabwe and the Government of Zimbabwe want to do things differently.

The Constitution of Zimbabwe, which I have attached for reference, clearly defines a term limit as 
a provision of this Constitution which limits the length of time that a person may hold or occupy a public office. Section 328 of the Constitution of Zimbabwe is the sole section that deals with amendments to the Constitution.

Subsection Seven of Section 328 of the Constitutions specifically says "Notwithstanding any other provision of this section, an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment". But the Parliament of Zimbabwe and the Government of Zimbabwe want to extend the length of time that the current President, legislators, and councillors serve by two years when their current term ends in 2028, so that they can continue in office until 2030, ostensibly because the current President has done a fantastic job. He needs more time to complete the projects he has started.  

Former Zimbabwean Attorney General, Comrade Patrick Chinamasa, while Secretary for Legal Affairs of the ruling party Zanu PF, clarified that it was not possible to extend the stay of office of the current President's term without holding a referendum. The current President also said at that time that he was a constitutionalist who would relinquish office in 2028. A lot of seemingly shoddy undertakings have taken place since then. Comrade Patrick Chinamasa was removed from the position of Secretary for Legal Affairs in Zanu PF, and the President, who until 2025 insisted he was a constitutionalist who was involved in crafting the current constitution, respected the constitution and would step down in 2028, chaired a Cabinet meeting which approved the draft Constitutional Amendment Bill, which wants him to continue as President until 2030. 

In a clever attempt to avoid a referendum to allow the current President to benefit from a change of constitution that extends the length of time elected officials must stay in office, the Parliament of Zimbabwe is now waving numbers through an arrangement that has been made with the Government and the ruling party to forge signatures, and in some cases, coerce people to sign pre-designed template letters that state that those signatories believe that there is no need for a referendum to enable President Mnangagwa, Parliamentarians and Councilors to have their terms of office extended to 2030. We are told that 62 000 medical personnel signed those pre-designed letters. But many people wonder if the country as a whole has up to 62 000 health care workers. My relative, who works at one of the central hospitals in Zimbabwe, said he never saw any such letters being signed at his workplace, Parirenyatwa Hospital. He also doubted whether we have 62 000 health care workers in the country. 

While the ruling party was allowed to distribute these pre-designed letters country-wide, people opposed to the Bill were severely assaulted and prevented from sharing their views on the amendment bill. Academic and Constitutional Lawyer Lovemore Madhuku was brutalised, and Amnesty International has called for this brutal act to be investigated.    

I will talk to local and international lawyers to explore the possibility of bringing a case to you, the International Court of Justice.

Kennedy Kaitano
Mutare