Opposition MDC leader Douglas Mwonzora has strongly criticised the proposed Constitutional Amendment No. 3, warning that its passage without a referendum would create what he described as a “conflict of interest of cataclysmic level.”
Mwonzora was responding to the approval of the draft Constitutional Amendment No. 3 Bill by Cabinet earlier this week. The proposed changes are expected to be tabled before Parliament for debate.
Conflict of Interest Concerns
Speaking on the matter, Mwonzora argued that Members of Parliament — who he said stand to benefit directly from provisions extending terms of office — would be deciding on a bill that affects their own tenure.
“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,” he said. “They are going to determine whether they accept the bill or not on behalf of the masses.”
He further stated that once passed by Parliament, the Bill would be sent to the President for assent — another office he claims stands to benefit from the proposed changes.
“So there is a clear conflict of interest,” Mwonzora said. “People who directly stand to benefit are sitting in judgment of an issue that benefits them.”
Referendum Requirement
Central to Mwonzora’s argument is the removal of the referendum process, which he says was designed to safeguard against self-serving constitutional changes.
Under the current constitutional framework, he said, amendments affecting presidential term limits require not only parliamentary approval but also endorsement through a national referendum before being signed into law by the President.
“That referendum has been removed,” Mwonzora said. “They want to go to Parliament without the approval of the people. This is wrong.”
He cited Section 328 of the Constitution, which defines and governs amendments to term limit provisions. According to Mwonzora, changing the presidential term from five years to seven years constitutes a “term limit clause” because it lengthens the period a person holds office.
“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,” he said.
He argued that such provisions must be amended in the same manner as the Bill of Rights — a process that includes a referendum.
Mwonzora also pointed to Section 328(7), which states that even where term limits are extended, the incumbent office holder should not benefit from that extension. He claimed the proposed amendment seeks to make that subsection inoperative to allow the current office holder to benefit.
*Call for Public Vote*
The MDC leader demanded that the proposed amendment be subjected to a national referendum, allowing Zimbabweans to decide directly on the changes.
“We demand that this Bill be sent to a referendum so that the people of Zimbabwe decide,” Mwonzora said.
The Constitutional Amendment No. 3 Bill is expected to be gazetted before undergoing parliamentary debate, in line with constitutional procedures. If passed by the requisite majority, it would mark one of the most significant constitutional changes in recent years.
