Former Zanu PF Legal Affairs Secretary Paul Mangwana says the proposed Constitutional Amendment Bill (No.3) is consistent with the provisions of Zimbabwe's Constitution and does not require approval through a referendum.
The proposed Bill introduces several changes, including extending the presidential term from five years to seven years, a move that could allow President Emmerson Mnangagwa to remain in office for an additional two years until 2030. It also proposes shifting the election of the President from a public vote to Parliament.
However, Section 328 of Zimbabwe's 2013 Constitution states that any amendment to presidential term limits that benefits an incumbent cannot take effect without approval through a referendum.
A referendum allows citizens to vote directly to approve or reject proposed constitutional changes, ensuring that the public has the final say.
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Addressing journalists at a Zanu PF press conference in Harare on Wednesday, Mangwana, who also served as chairperson of the Constitution Parliamentary Committee (COPAC) that drafted the 2013 Constitution, argued that the proposed amendments can be passed through a two-thirds majority in Parliament.
"I have listened to the debate which is going on publicly, and my position is very clear: The most important thing is to check as to whether any proposed amendments are in line with the provisions of that constitution.
"The constitution provides that whenever the people of Zimbabwe, through their parliament, deem it fit to amend the constitution, they can do so.
"The Bill of Rights is one of those provisions. The land provisions cannot be amended without a referendum. Any other provision of this constitution can be amended through a two-thirds majority of parliament.
"And we were very clear when we wrote this constitution to say which areas do we want protected from amendment by parliament.
"From my reading, the proposed amendments do not require a referendum. I must emphasise that these proposed amendments do not require a referendum."
However, constitutional lawyers Professor Lovemore Madhuku and Justice Mavedzenge have argued that any changes to the president's term and the exercise of executive powers must be subjected to a national referendum.
Civil society groups have also argued that Zanu PF may be seeking to avoid a referendum because of concerns that the public could reject the proposed changes.
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Mangwana added that the proposed extension does not amount to creating a new presidential term.
"If you want to amend for three years, that is when you require a referendum. If it is an amendment by a period of two years, you are not putting in a new term, so to say.
"This is why we specifically made that provision in this constitution. So in other words, if you are extending by a period which is less than three years, you have not increased by another term. There's a constitution in very clear terms."
"Angela Merkel in Germany ruled for ages, because the Germans like it. So let us not make it look like there are sacrosanct canons about certain term limits which are coming from somewhere other than from the Gods. No.
"Constitutions are live documents. They are subject to the wishes of the people at a certain stage of the development of their country. People cannot be manacled to a constitution."
