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The Election Resource Centre Africa has written to the Parliament of Zimbabwe urging it to postpone the planned public hearings for the Constitutional Amendment Bill on grounds that the lockdown makes it impossible for the citizenry to input to the people.
The hearings start on the 15th of June 2020 across the country. We present the election watchdog’s letter in full below.
<blockquote>RE: RECOMMENDATION FOR PARLIAMENT TO POSTPONE PUBLIC HEARINGS ON CONSTITUTIONAL AMENDMENT NO. 2 (H.B. 23, 2019).
Dear Mr Chokuda
The Election Resource Centre writes this letter to your Honorable House in light of concerns arising from the announced resumption of Public, Hearings on Constitutional Amendment No. 2 Bill, Slat. for the 15″ to 1, June 2020. Grounds for the initial postponement of Public Hearings in March 2020 remain unchanged if anything have worsened. As at June 9, 2020, the Ministry of Health and Child Care has confirmed a cumulative 314 COVID.19 cases in Zimbabwe. The President of the Republic, Emmerson Mnangagwa announced an indefinite lockdown that enforces restrictions of movement among others.
Public Hearings must be held in compliance with Section 328 (4) of the Constitution of Zimbabwe which demands that Parliament invites members of the public to express their views on the proposed Bill in public meetings and through written submissions, and must convene meetings and provide facilities to enable the public to do so.
At present, Zimbabwe is gripped by the far-reaching effects of the novel coronavirus which dictate several conditions on how inevitable gatherings such as funerals are to be handled. Under the World Health Organization recommendations, Government announced public gatherings are to be limited to a number of a maximum 50 people. Following this directive, the 18 Public Hearings slated, imply a maximum of 900 people including organizing staff, a number that falls far short of sufficient representation of public participation. In summary, ERC recommends the following action points;
• The August House pursue relevant legal channels to support postponement of the Public Hearings.
• Public Hearings be postponed and only resume when Parliament is able to convene meetings and provide facilities to enable the public to do so. This may only be possible when the lockdown is lifted or restrictions are renewed.
• Parliament continue accepting online submissions, but knowing well this effort does not replace meetings for Public Hearings as a significant demographic does not have access to internet.
</blockquote>

Pindula News

Election Watchdog Petitions Parliament To Postpone Public Hearings For Constitutional Amendment Bill

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The opposition MDC led by advocate Nelson Chamisa has called upon members of the public to join the party as it takes action against the proposed Constitutional amendments. We present below the party’s statement.
<blockquote>MDC position on the proposed constitutional amendments
The Movement for Democratic Change (MDC) is deeply concerned with the various constitutional amendments that were recently proposed by the Zanu PF regime.
Indeed, despite all the grave concerns and strong reservations that were raised by many quarters of society, the raft of amendments were Gazetted on the 31st of December 2019 under Amendment 2 – HB23/2019.
The MDC is strongly opposed to the amendments since they are by and large a mere mutilation and an unjustifiable attack by the regime on an inclusive Constitution which represents fully, the varied political will of the people of Zimbabwe.
By so doing, the regime seeks to reverse the democratic gains of the 2013 Constitution by abusing its Parliamentary Majority to steam-roll the horrendous defacement of our people’s Constitution.
Of particular concern to the MDC are the proposed amendments which seek at their core, to unbridle key judicial and electoral safeguards as well as the integrity of important constitutional on institutions.
This tends to taint every other amendments included in the raft of amendments with the same mischief and as such, the entire raft must be rejected.
Firstly, the proposed amendments will allow the President to appoint judges and the Prosecutor General directly without the Judicial Services Commission conducting public interviews. These proposals by the regime, are against both international and regional best practices which recommend rigorous interviewing and vetting processes to ensure that judicial appointments are according to merit.
As such, what is clear therefore is that the regime’s motivation for this lack of transparency is merely to place political puppets at the helm of our judiciary.
Secondly, the proposed amendments de-couples ZEC’s delimitation function from the population census held every 10 years. The MDC believes that the present clauses on delimitation are progressive and that the regime’s attempt to amend them is mischievous and show its lack of commitment to real electoral reform.
The removal of an elected Vice President as a running mate makes it quite clear that the sole motive of the raft of amendments is personal aggrandizement and the consolidation of internal factional politics by Emmerson Mnangagwa and nothing more. It stems from his illegitimate reign.
Indeed, what we may now be witnessing are the fruits of this illegitimacy in its full blaze.
It is ironic that its first victim is the judiciary which ensconced him in his illegitimate seat.
In his 2020 Agenda setting statement to the nation, the People’s President Advocate Nelson Chamisa highlighted that “the Constitutional amendments seek to restore the Imperial Presidency that we thought we had dealt with decisively in 2013 through the approval in the referendum of a new constitution…the call for alignment of the constitution must be stronger than before.”
Therefore, MDC as the custodian and true promoter of the people’s will, strongly objects to these proposed amendments and will actively resist them.
The MDC is thus calling upon all the people of Zimbabwe to rise up and start to actively resist this raft of proposed changes both during the so-called consultative process and also to utilise their varied means of expression to resist this move and render it illegitimate.
MDC: Change that Delivers
Kucaca Phulu 
Secretary for Constitutional and Parliamentary Affairs</blockquote>
</div>

FULL TEXT: MDC Calls Upon Members Of The Public To Join Them In "Taking Action Against" Proposed Constitutional Amendments

Former Finance Minister and Harare-based lawyer, advocate Tendai Biti has said that an amendment of the constitution to satisfy an individual’s desire to retain power must be resisted and be treated with the contempt it deserves.
His remarks come after Cabinet approved the Constitutional Amendment Bill of 2019 which among other issues gives the President-elect to appoint his two deputies as soon as he or she assumes office and also sets the terms, conditions and circumstances under which Vice Presidents can be removed from office.
Posting on Twitter, Biti who is also the Vice President of the opposition MDC led by advocate Nelson Chamisa said:
<blockquote>A constitution is a sacrosanct document that can’t be butchered on the altar of personal ambition and a subjective power retention agenda. Capturing the constitution to reproduce the ogre of a distorted corrupt mediocre power monger is unacceptable and must be resisted by all.</blockquote>
A few weeks ago, the ruling ZANU PF indicated intentions to amend the constitution so as to extend president Emmerson Mnangagwa’s stay in power to beyond two terms which should expire in 2028.
This followed remarks by the president that he will be around in 2030. Although the statement is vague and ambiguous, members of the public interpreted it to mean that he meant that he will still be in power even in 2030.
More: <a href="https://twitter.com/BitiTendai/status/1207177397575077889">Tendai Biti</a>

BITI: "The Constitution Can’t Be Butchered On The Altar Of Personal Ambition," As Cabinet Approves Constitutional Amendment Bill

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