Zimbabwe: A Dangerous Overreach - Constitutional Movement Slams AG Mabhiza's Warning Against Cabinet Dissent

The Zimbabwe Constitutional Movement (ZICOMO) has criticised Attorney General (AG) Virginia Mabhiza over her warning that ministers and vice presidents must not publicly oppose Cabinet decisions, calling the stance a "dangerous overreach" that undermines constitutional rights.

In a statement on Tuesday, ZICOMO said it noted "with grave concern" the AG's remarks that government officials "cannot publicly oppose Cabinet decisions."

"Any warning from the Attorney General that seeks to position public dissent as absolutely forbidden is a dangerous overreach that prioritizes Cabinet protocol over constitutional integrity," the organisation said.

ZICOMO acknowledged Mabhiza's role as the principal legal adviser to government but accused her of applying the law selectively. "The Constitution of Zimbabwe is a unified document, sacred in its entirety," the group said, adding that leaders must uphold it "in its totality."

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The movement argued that while Cabinet is bound by collective responsibility, this does not extinguish individual rights. "The doctrine... does not diminish the fundamental right of a Minister or Vice President to resign on principle when they cannot, in good conscience, support a decision," it said.

"To suggest that dissent should be suppressed... is to transform the Cabinet into a mere facade of enforced unanimity."

ZICOMO also invoked constitutional provisions guaranteeing freedom of expression, saying even Cabinet members are protected.

The group further accused authorities of silencing critics of Constitutional Amendment Bill No. 3 (CAB3), claiming opposition to the proposed changes had become restricted space. It warned against insulating executive decisions from scrutiny, saying accountability and the rule of law were being eroded.

ZICOMO urged the AG to clarify that her remarks do not override constitutional provisions and called on Parliament to exercise oversight. "We remind all Cabinet members that their primary loyalty is to the Constitution and the people of Zimbabwe," it said.

The AG recently warned Cabinet members against publicly distancing themselves from government decisions, saying those unable to support agreed positions should resign. Her remarks came amid growing tensions within the ruling party over proposed constitutional amendments.

The debate has been fuelled by Vice President Constantino Chiwenga's recent public remarks at a church gathering, where he used a biblical parable about a ruler who clung to power beyond his time. The message was widely interpreted as a veiled critique of efforts to extend President Emmerson Mnangagwa's rule through constitutional changes.

The proposed Constitutional Amendment Bill No. 3 seeks to overhaul Zimbabwe's governance framework, including changes to presidential elections, succession provisions and term lengths. Critics argue the reforms could consolidate executive power and weaken democratic checks and balances, while supporters say they are meant to improve governance and stability.

The bill is expected to be considered by Parliament later this month.

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