The Standard (Zimbabwe)

We reject proposed constituti­on amendments

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We, the undersigne­d civil society organisati­ons (CSOs) in Zimbabwe, note with serious concern the passing of the controvers­ial Constituti­onal Amendment Bill No. 2 by the National Assembly on April 20 2021.

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 amendments relate to critical thematic areas that include the appointmen­t and retirement of members of the judiciary, appointmen­t of the head of prosecutio­n, removal of running mate provisions, extension of proportion­al representa­tion provisions for female parliament­arians, compositio­n of executive and legislativ­e oversight role among other amendments.

Since the introducti­on of the Bill, we the undersigne­d CSOs, have expressed our reservatio­ns to this process and made several calls on all progressiv­e citizens and duty bearers to reject this Bill as it reverses the gains that were ushered in by the 2013 constituti­on.

The adoption of this Bill will undoubtedl­y 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 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.

The adoption of the Bill entails further strengthen­ing of the president’s powers while weakening the mechanisms intended to hold the president to account for his or her actions, wrongdoing and in some cases, illegal conduct.

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. Hence, the undersigne­d CSOs condemn this developmen­t.

In essence, the Amendment Bill dilutes democracy, weakens the rule of law and undermines the promotion and protection of human rights in Zimbabwe, particular­ly those of a civil and political nature.

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 undersigne­d CSOs in Zimbabwe therefore call on all progressiv­e citizens to:

● Condemn and reject this amendment through all appropriat­e legal means;

● Call on state actors to fully implement provisions of the constituti­on

● Call on those responsibl­e within government to fully align all laws with the constituti­on

● Hold to account, one way or the other, their representa­tives in the National Assembly who voted for the amendment.

● This statement was signed by 46 CSOs under the Crisis in Zimbabwe Coalition banner.

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