Opposition legislator Gladys Hlatywayo has insisted that any attempt to amend constitutional provisions relating to presidential term limits or extend the tenure of elected officials must be subjected to a national referendum, arguing that Parliament lacks the legitimacy to make such changes unilaterally.
Contributing to debate on Constitutional Amendment Bill No. 3 (CAB3) in the National Assembly on Tuesday, Hlatywayo said the proposed amendments violated both the spirit and the letter of the 2013 Constitution, which was overwhelmingly endorsed by voters in a national referendum.
“The 2013 Constitution was a national effort that sought to develop a home-grown Constitution from the Lancaster House Constitution. It received thunderous approval, with nearly 95% of voters endorsing it in the 2013 referendum,” she said.
Hlatywayo argued that altering constitutional provisions approved by the electorate without first returning to the people would amount to a betrayal of the national consensus that produced the Constitution.
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“To then seek to change the same Constitution, which was widely accepted as a progressive Constitution not only in Zimbabwe but beyond, without going back to the people, would be the highest betrayal,” she said.
She cited Section 328 of the Constitution, arguing that its framers anticipated attempts by incumbents to alter term-limit provisions for their own benefit and therefore required a referendum in such circumstances.
“I put it to this House that any amendment to term limits that benefits the incumbent, outside the provisions of Section 328 and, in particular, without a referendum, would be fundamentally flawed,” she said.
The legislator also argued that Parliament was conflicted because lawmakers stood to benefit from the proposed extension of parliamentary terms.
She further contended that the current composition of Parliament no longer accurately reflected the outcome of the 2023 elections following the recall of several opposition legislators.
“No party was given a two-thirds majority in 2023 that would grant it the legitimacy to alter the national charter,” she said.
Hlatywayo rejected proposals to extend presidential, parliamentary and local authority terms from five to seven years, arguing that elected officials were bound by the mandates voters had entrusted to them.
“The authority to govern is derived from the people. We were all given five-year terms and we must stick to the mandate we received from citizens,” she said.
Describing a referendum as both a constitutional and political necessity, Hlatywayo warned that bypassing voters could deepen divisions and fuel instability.
“A referendum must not only be seen as a legal requirement but as a political imperative. This Bill pushes our country to the precipice of instability and increased political toxicity,” she said.
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