ZANU PF’s attempts to tinker with the Constitution to
extend President Emmerson Mnangagwa’s eligibility to run for office beyond two
terms faces a legal hurdle because any changes would not benefit him unless a
referendum is held.
The ruling party’s secretary for administration Obert Mpofu
recently said Zanu PF would use its two-thirds majority in Parliament to extend
the presidential term limit beyond the current two terms mandated by the
Constitution.
Legal think-tank, Veritas, said while Parliament could
extend the current two terms by amending the Constitution, this would not
benefit Mnangagwa, but his successors unless there was a referendum.
Veritas said while section 91(2) is not part of the Declaration
of Rights nor does it fall within Chapter 16 of the Constitution, it can be
amended by a two-thirds majority of both Houses of Parliament to remove the
presidential term-limits.
“There is a catch, however. Section 328(7) of the
Constitution provides that an amendment to a term-limit provision — and section
91(2) is a term-limit provision — which has the effect of extending the length
of time that a person can hold a public office such as the presidency does not
apply to anyone who held that office, or an equivalent office, before the
amendment. This means that even if two-thirds of the members of Parliament were
to pass a Bill extending or revoking the term limits imposed by section 91(2)
of the Constitution, the Bill would not permit President Mnangagwa to stand for
a third term in office,” Veritas said in its submission.
Section 328(7) is part of the declaration of human rights
and can only be amended through a referendum and a two-thirds majority in
Parliament.
“The only way to permit him to stand for a third term would
be to repeal section 328(7), but this would require a national referendum in
addition to a two-thirds majority in Parliament,” Veritas added.
MDC deputy organising secretary and Highfield legislator
Happymore Chidziva said it was clear that Zanu PF was after bastardising the
Constitution.
“They are not worried about future generations or the
development of the country, they just want power in itself. They are prepared
to kill, maim and change laws so that they rule forever, but the people will
protect the Constitution and at the end of the day, people power will win,” he
said. Newsday
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