ATTORNEY General Virginia Mabhiza has dismissed intensifying calls for a national referendum on Constitutional Amendment Bill No. 3 (CAB3) and stated that those doing so are misinterpreting Zimbabwe’s Constitution.
A number of civil society organisations (CSOs), human rights and political activists have demanded that government calls for and funds a national referendum to determine support for changes to the country’s 2013 constitution.
The changes include adding two years to President Emmerson Mnangagwa’s second and final term so that he steps down in 2030, extending the same term for Parliamentarians and changing the manner in which Presidents are voted for among other changes.
In a statement shared with NewZimbabwe.com, Mabhiza argued that national referenda were only reserved for three sections, the Bill of Rights, agricultural land and Section 328 which determines where these should be called.
“I want to insist that Section 328(6) is deliberate and precise in that it reserves the ultimate democratic veto, the national referendum, for only three narrowly defined categories of amendment: any Bill that touches Chapter 4 (the Declaration of Rights), Chapter 16 (Agricultural Land), or section 328 itself.
“In every other case, once a Constitution Bill secures the required two-thirds majority in both Houses of Parliament, it must be forwarded to the President for assent.”
“Any insistence on a referendum given the current scenario is devoid of any meaningful legal basis and logic. It is an unconstitutional demand.”
Her position is inline with that of Zanu PF cadres rooting for Mnangagwa’s continued stay in office.
It is the same interpretation that government will rely on when Parliament sits next week to discuss, arguably the most important matter in Zimbabwe at the present moment.
Zanu PF’s argument for an electoral holiday has been to ensure continuity in what Mnangagwa is doing and also depoliticise Zimbabwe’s highly, politically polarised communities.
