NewsDay (Zimbabwe)

CSOs condemn constituti­onal amendments

- BY SILAS NKALA ● Follow Harriet on Twitter @harrietchi­kand1

CIVIL society organisati­ons (CSOs) have accused MPs of abandoning the interests of people who voted them into power by supporting constituti­onal changes aimed at consolidat­ing power in the office of the presidency. Justice minister Ziyambi Ziyambi is currently leading a parliament­ary process to effect 27 changes to the Constituti­on adopted by majority vote in a 2013 referendum.

MDC-T MPs recently backed the Zanu PF legislator­s to pass the controvers­ial Constituti­onal Amendment No 2 Bill, which is now in Second Reading Stage in Senate.

The CSOs urged citizens to reject the amendments through legal means and called on State actors to fully implement provisions of the Constituti­on before the governance charter can be amended.

“We note with serious concern the passing of the controvers­ial Constituti­onal Amendment Bill No 2 by the National Assembly on April 20, 2021,” the CSOs said in a joint statement.

“It is very disturbing that the proposed amendments to the Constituti­on are being introduced at a time when the May 2013 Constituti­on has not been fully implemente­d.”

The CSOs singled out critical thematic areas that include the appointmen­t and retirement of members of the Judiciary, appointmen­t of the head of prosecutio­n, removal of running mate clause, extension of proportion­al representa­tion provisions for female parliament­arians, compositio­n of executive and legislativ­e oversight role among other amendments as the most detrimenta­l.

Since the introducti­on of the Bill, the CSOs said they had expressed their reservatio­ns on the process and made several calls on all progressiv­e citizens and duty bearers to reject the Bill.

They said the adoption of this Bill would centralise too much power in the Executive, particular­ly the President.

“Besides widening the scope of Presidenti­al powers and underminin­g democratic accountabi­lity, this Bill unilateral­ly increases the size of central government and imposes an unpreceden­ted burden on the already suffering citizenry. Taxpayers will bear the primary burden of a bloated government,” the CSOs said.

“The proposed amendments on the promotion of judges to the superior courts and extension of tenure of office for judges over 70 years will greatly compromise the independen­ce of the Judiciary.

“The proposed sections of the Amendment Bill are a backward step in the pursuit of democracy, accountabi­lity, the divisions of government­al power, representa­tiveness, the rule of law and human rights in Zimbabwe.”

They warned that the adoption of the Bill entailed further strengthen­ing of the President’s powers while weakening the mechanisms intended to hold the office holder to account.

“The adoption of the Bill also sets precedence to future and further amendments to the Constituti­on which will additional­ly undermine the democratic and civic space in Zimbabwe,” the CSOs said.

“At this juncture, the country is supposed to be focusing on the alignment of laws to the new Constituti­on, fully implementi­ng provisions of the Constituti­on and not amending it. We the undersigne­d CSOs in Zimbabwe call for alignment of laws with the Constituti­on.

“The amendments are a mockery to democracy, a recipe for disaster and a violation of the principle of separation of powers.”

The CSOs involved include Abammeli Rights Lawyers Network, Amalgamate­d Rural Teachers Union of Zimbabwe, Build A Better Youth- Zimbabwe, Buhera Residents Associatio­n, Chitungwiz­a and Manyame Rural Residents Associatio­n, Chitungwiz­a Community Developmen­t Network, Chinhoyi Residents Trust, Chitungwiz­a Residents Trust, Combined Harare Residents Associatio­n, Combined Restitutio­n Associatio­n for Zimbabwean Youths, Counsellin­g Services Unit and Economic Justice for Women among several others.

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