RESIDENTS associations and civil society organisations have
ganged up to stop President Emmerson Mnangagwa government from rushing through
a controversial constitutional amendment under the cover of COVID-19 lockdown,
with public hearings for the Bill set to start today.
The groups have filed urgent court applications at the High
Court in Harare and Bulawayo to defer the process until the COVID-19 threat is
over. They argued that the hearings would curtail majority participation due to
the stringent lockdown restrictions.
Despite reservations from various interest groups, Clerk of
Parliament Kennedy Chokuda last week gave notice that the Portfolio Committee
on Justice, Legal and Parliamentary Affairs would conduct nationwide public
hearings on the Constitution of Zimbabwe Amendment No 2 Bill from today until
Friday.
Mnangagwa’s own Political Actors Dialogue (Polad) described
the move as “irresponsible” as it exposed the public to COVID-19 infection
given the spike in cases to 383 as of yesterday.
The High Court in Harare and Bulawayo will today and
tomorrow preside over separate urgent chamber applications filed by Habakkuk
Trust, and the Chitungwiza and Manyame Residents Trust seeking to stop the
public hearings. The groups cited Parliament, Justice minister Ziyambi Ziyambi,
Speaker of the National Assembly Jacob Mudenda and Senate president Mabel
Chinomona and the Attorney-General Prince Machaya as respondents.
In Bulawayo, the matter will be heard by Justice Nokuthula
Moyo today while Justice David Mangota will hear similar arguments from Manyame
and Chitungwiza residents tomorrow.
In an application filed on Thursday last week by Job
Sibanda of the Zimbabwe Lawyers for Human Rights (ZLHR), Habakkuk Trust chief
executive officer Dumisani Nkomo said: “The conduct of Parliament, Chokuda and
Ziyambi was grossly unreasonable and holding public hearings at a time of the
outbreak of coronavirus would defeat the very noble purpose of inviting the
input of the public to any proposed constitutional amendments. While the
process of soliciting for input into the proposed constitutional amendments
cannot be stopped, it must await normalisation of the situation in the country
and no prejudice will be suffered by the respondents namely Parliament, Chokuda
and Ziyambi.
“The process of soliciting for people’s input into the
proposed constitutional amendments should be stopped and only proceeded with
after the country shifts to level one stage of the national lockdown, which is
the period which prevailed before the outbreak of coronavirus and before a
state of disaster was declared by government in March. If Parliament, Chokuda
and Ziyambi intend to proceed with the public hearings in the midst of the
current health pandemic, they must ensure that all precautions are taken to
prevent and contain the disease at such public gatherings.”
The respondents are yet to oppose the applications.
Speaking to NewsDay yesterday on the planned hearings,
Polad governance and legislative agenda sub-committee chairperson and
constitutional lawyer, Lovemore Madhuku, said his committee had recommended
that the Constitutional Amendment Bill be withdrawn, but was shocked to hear
that the hearings were proceeding.
“That is nonsense. Parliament is acting in an irresponsible
manner given the COVID-19 threats. They are threatening the public in many
ways. Those who will attempt to attend will not make it because of the
restrictions they have set due to the national lockdown. The hearings are not
classified under essential services,” he said.
“They are trying to disempower citizens. Imagine a country
that cannot open schools wants to say to people come for the amendment
hearings. What is the rush?”
He said the move was unconstitutional and the environment
was not safe, and suggested that the hearings be conducted in November.
“They have just suggested on virtual meetings but they have
not told us how that will happen. It is unwarranted and I hear there are some
people who have gone to court. I just hope the judges will consider all these
things.”
“The Polad position is that the Bill be withdrawn to allow
more consultations and it is unfortunate if this is the way they have chosen to
respond to our position as Polad. They are choosing to proceed in such a
chaotic environment against what we agreed as Polad,” Madhuku said.
He said the only other suspicion was that legislators were
desperate for allowances and wanted to use the hearings to justify payment.
Opposition MDC Alliance deputy spokesperson Clifford
Hlatywayo said the development was meant to overturn the people’s wishes in the
Constitution.
“What the people want is full implementation of the
Constitution, not these amendments,” he said.
“Citizens participated in the constitution-making process
and voted for it, now they have failed to implement the Constitution and all
they want to amend it all for the love of power, selfish gains.”
The Bill seeks to give the President the sole authority to
nominate and appoint senior officers of the Judiciary, thus rendering citizens
mere spectators, whereas the current position allows citizens to publicly
interview these officials.
If the amendments sail through, judges and the
Prosecutor-General will now serve at the whim of the President.
The Bill also seeks to remove the presidential running mate
clause, set to take effect in 2023 and increase the number of appointed
ministers from five to seven, with observers indicating that it was also meant
to settle Zanu PF’s succession matrix.
The Zimbabwe Coalition on Debt and Development (Zimcodd)
said it was regrettable that government was prioritising constitutional
amendments when it had not yet fully implemented provisions of the Constitution
adopted in 2013.
The National Association of Youth Organisations added: “The
magnitude of the proposed amendments require for citizens to fully exercise
their rights to association, assembly and expression in formations of their
choice to enable informed and proactive citizens’ participation.” Newsday
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