Referendum on CAB 3 deemed unavoidable due to constitutional implications
via NewsDay Zimbabwe7 min read
The proposed constitutional amendment Bill, CAB 3, faces an unavoidable referendum, despite arguments from the Zanu PF faction and Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi that it is unnecessary. Critics argue that the Bill implicitly amends the Bill of Rights, specifically section 67, by changing the presidential election process to involve only Members of Parliament, thereby altering the right of every adult Zimbabwean to vote for the President. According to section 3286 of the Constitution, any amendment to the Bill of Rights requires a referendum. Furthermore, the Bill seeks to extend the presidential and parliamentary terms from five to seven years and allow incumbents to benefit from this extension, which also necessitates a referendum under section 3287 and 9. The Constitution also prohibits combining an extension clause with a clause allowing incumbents to benefit in the same Bill, rendering the current amendment inherently illegal.
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