Africa-Press – Zimbabwe. MDC leader Douglas Mwonzora has said it is worrying that ZANU-PF’s proposed constitutional amendments are likely to be passed by Parliament, given that lawmakers themselves stand to benefit from the changes.
On Tuesday, the Cabinet approved a draft Constitutional Amendment Bill that, among other things, seeks to extend both presidential and parliamentary terms from five to seven years.
Speaking to the media in Harare this week, Mwonzora said it is a clear conflict of interest to allow those who would benefit from the amendments to decide whether they are passed, without involving the electorate. Said Mwonzora:
“The constitution bill is going to be debated by parliament, which is made up of men and women who directly stand to benefit from this bill.
“They are going to determine whether they accept the bill or not on behalf of the masses.
“After which, the bill is going to the president, who is a person who is going to directly benefit from this bill.
“So there is a conflict of interest of cataclysmic levels. There is a clear conflict of interest.
“People who directly stand to benefit are sitting in judgment of an issue that benefits them.
“Now, what we had done in the constitution was to cure against that eventuality by making a provision for a referendum.
“So in terms of the current constitution, it goes to parliament, then goes to a referendum, and eventually lands on the desk of the president to be assented to. That referendum has been removed.
“In fact, when we listen to the speeches by the Minister of Justice, there is not going to be a referendum.
“They want to just go to the parliament and do so without the approval of the people. This is wrong.”
Mwonzora argued that the current Constitution requires a referendum to remove presidential term limits. He said:
“Even as they try in the bill to make section 328, subsection 7, inoperative, that is the section which says that even if there is an extension of term, the incumbent shall not benefit.
“The bill seeks to make the incumbent benefit from the extension. Even though they’ve done that, there is still a requirement for a referendum, because for you to change presidential term limits, there ought to be a referendum.
“Presidential term limits are amended in the same manner as you amend the Bill of Rights.
“We notice in this bill that there is no amendment of section 328 of the Constitution.
“And section 328 of the Constitution, ladies and gentlemen, starts by defining what a term limit clause is.
“And it says a term limit clause is a clause that lengthens the period of time that a person holds office.
“Now, if you change the presidential term from five years to seven years, you have lengthened the period in which the president must hold office. It is a term limit provision.
“And if it is a term limit provision, it is amended in a particular way, and that way is defined in the section. And those clauses have not been amended even by this bill.
“So we demand that this bill be sent to a referendum so that the people of Zimbabwe decide whether to side with what ZANU-PF is demanding or not.”
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