Chitown residents threaten to block Constitutional Amendment Bill hearings

RESIDENTS of Chitungwiza have taken the Parliament of Zimbabwe to court, demanding the postponement of public hearings on the Constitutional Amendment Bill Number 2 until after the lifting of the national lockdown to control the spread of COVID-19.

The challenge came after Parliament, on Monday, through its clerk, Kennedy Chokuda, notified the public that the Portfolio Committee on Justice, Legal and Parliamentary Affairs would conduct nationwide hearings on the Constitution of Zimbabwe Amendment Bill Number 2 next week from June 15 to 19.

But in an urgent chamber application filed under case number HC2886/20, Chitungwiza and Manyame Residents’ Trusts said they were seeking a declaratory relief in terms of Order 32, Rule 241 as read with the section 85 of the Constitution of Zimbabwe to have the hearings postponed.

“The amendment of the Constitution is an important aspect which should involve the participation of as many people as possible, but owing to travel restrictions only a few are likely to turn up,” part of the application read.

“The right to health will be violated if the respondents are to proceed with the gatherings, more particularly in that public hearings are to be conducted in places like the Harare International Conference Centre.

“I am advised that the World Health Organisation recommended ways to mitigate the effects of the spread of COVID-19, such as social distancing; people should avoid close contact with each other.”

Zimbabwe’s lockdown laws restrict any gatherings of more than 50 people, while travelling by people who do not have exemption letters is also prohibited.

The residents added: “Respondents in their notice of hearing have not indicated in any way how they will make sure that COVID-19 regulations are complied with and how they will make sure there is no transmission of the virus among those who will attend.”

The proposed hearings, residents said, were practically impossible to conduct without violating the Constitution and laws on COVID-19. They are being represented by lawyer Tonderai Bhatasara of Mupanga Bhatasara Attorneys and Parliament, Speaker of Parliament Jacob Mudenda, Senate president Mabel Chinomona and the Attorney-General have been cited as respondents in the matter.