CAB3 passed by Parliament: What the constitution requires before it becomes law

The Constitution of Zimbabwe Amendment (No. 3) Bill (CAB 3) has been passed by both the National Assembly and the Senate with the required two-thirds majority. The amendments to the bill will be attended to before it is taken to the president.

However, under Zimbabwe’s Constitution, the Bill does not become law simply because Parliament has passed it.

What the Constitution Says Happens Next?

Step 1: Bill Must Be Sent to the President

According to Section 131(5) of the Constitution, once a Bill has been passed by both Houses of Parliament:

• The Speaker of the National Assembly or President of the Senate must ensure the Bill is presented to the President for assent and signature.
• The Bill must be accompanied by all required constitutional certificates.
• Parliament must publicly announce the date the Bill was sent to the President.

“(5) After a Bill has been passed by both Houses in accordance with the Fifth Schedule, the President of the Senate or the Speaker, as the case may be, must without delay— (a) cause it to be presented to the President for assent and signature, together with any certificate which is required by this Constitution to accompany the Bill; and (b) give public notice of the date on which the Bill was sent to the President,” reads the constitution.

Step 2: Constitutional Certificates Must Accompany the Bill

Because CAB 3 is a Constitutional Bill, Section 328(10) requires:

• A certificate from the Speaker confirming the Bill received support from at least two-thirds of National Assembly members.
• A certificate from the President of the Senate confirming the Bill received support from at least two-thirds of Senators.

Without these certificates, the President cannot sign the Bill.

“10) When a Constitutional Bill is presented to the President for assent and signature, it must be accompanied by— (a) a certificate from the Speaker that at its final vote in the National Assembly the Bill received the affirmative votes of at least two-thirds of the membership of the Assembly; and (a) a certificate from the President of the Senate that at its final vote in the Senate the Bill received the affirmative votes of at least two-thirds of the membership of the Senate.”

Step 3: President Has 21 Days to Decide

Under Section 131(6), once the Bill is presented, the President has 21 days to either:

Option A: Sign the Bill

The President may:

• Assent to the Bill;
• Sign it; and
• Cause it to be published in the Government Gazette without delay.

Once published in the Gazette, CAB 3 becomes part of the Constitution.

Option B: Refer the Bill Back to Parliament

If the President believes the Bill is unconstitutional or has other reservations, he may:

• Return it to Parliament;
• Provide detailed written reasons; and 
• Request Parliament to reconsider it.

Section 136 (6) of the Constitution states that, “ When a Bill is presented to the President for assent and signature, he or she must, within twenty-one days, either— (a) assent to it and sign it, and then cause it to be published in Gazette without delay; or (b) if he or she considers it to be unconstitutional or has any other reservations about it, refer the Bill back to Parliament through the Clerk of Parliament, together with detailed written reasons for those reservations and a request that the Bill be reconsidered.”

Step 4: If the Bill Is Sent Back

Under Section 131(7):Parliament may:

        Amend the Bill to address the President’s concerns; or

• Pass it again, with or without amendments, by a two-thirds majority of the National Assembly.

The Bill must then be sent back to the President.

“(7)Where a Bill has been referred back to Parliament in terms of subsection (6)(b), the Speaker must without delay convene a sitting of the National Assembly, which must— (a) reconsider the Bill and fully accommodate the President’s reservations; or (b) pass the Bill, with or without amendments, by a two-thirds majority of the total membership of the National Assembly; and in either case the Speaker must cause the Bill to be presented to the President without delay for assent and signature and must give public notice of the date on which the Bill was sent to the President.”

Step 5: If the President Still Has Concerns

Under Section 131(8), after receiving the reconsidered Bill, the President must either:

• Sign it despite his reservations; or
• Refer it to the Constitutional Court for advice on whether it is constitutional.

“ (8) If a Bill that has been presented to the President in terms of subsection (7) fully accommodates the President’s reservations, the President must assent to the Bill and sign it within twenty-one days and then cause it to be published in the Gazette without delay, but if the President still has reservations about the Bill, he or she must within that period either— (a) assent to the Bill and sign it, despite those reservations; or (b) refer the Bill to the Constitutional Court for advice on its constitutionality.”

Step 6: Constitutional Court’s Role

According to Section 131(9):If the Constitutional Court advises that the Bill is constitutional:

• The President must immediately sign it.
• It must then be published in the Government Gazette without delay.

“(9) If on a reference under subsection (8) the Constitutional Court advises that the Bill is constitutional, the President must assent to it and sign it immediately and cause it to be published in the Gazette without delay. (10) If a Bill is presented to the President for assent and signature and it is not accompanied by a certificate which is required by any provision of this Constitution, the President must not assent to the Bill or sign it until the certificate is produced but must cause the Clerk of Parliament to be notified, immediately and in writing, that the certificate was not sent with the Bill.”

When Does CAB 3 Officially Become Law?

CAB 3 becomes law only after:

✔ It has been passed by both Houses of Parliament;

✔ It has been assented to and signed by the President; and

✔ It has been published in the Government Gazette.

This requirement is set out in Section 131(2) of the Constitution.

Although Parliament and the Senate have approved CAB 3, the constitutional amendment has not yet taken legal effect unless and until the President assents to it and it is gazetted. The Constitution gives the President 21 days to make that decision after the Bill is formally presented to him with the required certificates.