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Some women in ZANU PF say the national Constitution should be amended to remove the two-term presidential limit to allow President Emmerson Mnangagwa to run for a third term.
ZANU PF women’s league Midlands Provincial chairperson, Tsitsi Zhou, said Mnangagwa is development-oriented and must have an uninterrupted rule. Zhou said:
<blockquote>
As women, we are mobilising and ensuring that people have registered to vote. It must be known that no other party will ever rule in Zimbabwe besides ZANU PF.
We are going to give President Mnangagwa a fresh mandate in the coming elections, and we will tell those in parliament to amend the constitution to give him another term beyond 2023 because the President is a hard worker, and we will hand him another term.
</blockquote>
She said since Mnangagwa assumed power in 2017, he has initiated numerous projects in a short space of time. Said Zhou:
<blockquote>
What the President has achieved in a short time, if he was to be the one in power for the past 37 years, then the country would have made serious economic strides.
His hard work can be testified by the Chirundu-Beitbridge Highway.
What gives us confidence that ZANU PF is a progressive party is based on the fact that the country’s number one citizen is from ZANU PF and he is from Kwekwe, that is where he casts his ballot.
The ZANU PF brand gives us confidence because it spells out victory. Because we are ZANU PF.
We have already won the 2023 elections. We are seeing many people who want to join ZANU PF.
We now have teachers for ED, civil servants for ED, and nurses for ED.
</blockquote>
If Mnangagwa is re-elected in 2023, the law does not allow him to run again in 2028 as he would have been in office for two terms.
He can only contest for the presidency for a third time if there is a constitutional amendment.
| <a href="https://www.newzimbabwe.com/zanu-pf-women-want-constitutional-amendment-to-make-mnangagwa-life-president/">NewZimbabwe.com</a>

Pindula News

ZANU PF Women Want Term Limits Scrapped For Mnangagwa To Contest In 2028

Chitungwiza North legislator Godfrey Sithole (MDC Alliance), has dragged MDC-T leader Douglas Mwonzora together with 67 other senators to the Constitutional Court seeking the revocation of the Constitution Amendment (No 1) Act whose passage they voted for in Senate.
He also cited Speaker of the National Assembly Jacob Mudenda, Senate president Mabel Chinomona and Justice minister Ziyambi Ziyambi as respondents in the matter.
Constitution of Zimbabwe (No 1) Act amended the Constitution to allow the President to appoint judges without public input.
According to the papers he filed on Wednesday through his lawyers Mutuso, Taruvinga and Mhiribidi Attorneys, Sithole argued that the senators failed to exercise their legislative role as provided for in the Constitution by passing a law that lapsed in July 2018.
He further contended that the Constitution of Zimbabwe No 1 Bill ceased to exist as part of the agenda of the Eighth Parliament on July 29, 2018, after a dispute over the piece of legislation in the Senate spilt to the Constitutional Court (ConCourt).
In March 2020, the ConCourt ordered a fresh voting process for the proposed constitutional amendments which required two-thirds of Senate votes for it to be signed into law.
However, the voting process was contested by MDC Alliance legislators Jessie Majome and Innocent Gonese.
The ConCourt ruling, under case CCZ4/20, upheld the legislators’ argument that the Senate failed to achieve the two-thirds majority votes required to pass the Bill into law.
Sithole is now seeking the suspension of the judgment which ordered the Senate to conduct a fresh vote in respect of the Bill in accordance with the procedure for amending the Constitution within 180 days of the granting of the order.
He argued that the order was in violation of section 147 of the Constitution as the Senate resuscitated a Bill that had lapsed in July 2018.
Sithole also argued that senators, who were not members of the Eighth Parliament, voted for the purported reading for a Bill for which they did not participate at the Reading or Committee Stage or public hearings.
<h4>More: <a href="https://www.newsday.co.zw/2021/06/mp-sues-mwonzora-over-constitutional-amendments/" rel="noopener" target="_blank">NewsDay</a></h4>

MDC-A MP Sues Mwonzora Over Constitutional Amendments

<blockquote>Dark Day in Zimbabwe as Government Passes Amendment Number 2 Bill to the Constitution
21 April 2021
Today, Zimbabwe marks a dark day in its post-independence history, a day after 191 Parliamentarians voted in the House of Assembly to pass Amendment Number 2 Bill to the Constitution.
Days after marking our 41st independence anniversary, a time at which we ought to be taking stock of progress made in consolidating our democracy, we mark a moment of monumental regression.
The Constitution of Zimbabwe was born out of a protracted constitutional struggle that started in the 1990s, finally meeting with success on 22 May 2013 when the new Constitution took effect.
Unfortunately, eight years later the gains registered are being reversed.
This Bill seeks to amend various clauses of the Constitution, with the result that the Bill wholesomely undermines the separation of powers, checks and balances, citizen participation, Parliamentary oversight and independence of institutions.
A constitution is for posterity. It is a legacy to our future and the generations of Zimbabweans to come.
It is an embodiment of our collective aspirations and the social contract of how we desire to conduct our national affairs.
It is not a document to be tempered with to satisfy the political desires or sectarian interests of the day.
Doing so has far-reaching consequences that would far outlive the architects.
When Parliament consulted the people in 2020, citizens risked the COVID-19 pandemic to attend public hearings.
The results of these nationwide hearings as observed by the Forum was a resounding NO! 
Citizens, civil society, the international community and the democratic opposition, all spoke against the amendments.
If our government was truly a government for the people, and if the leadership were truly a listening leadership, surely the democratic wishes of the majority would carry the day.
However, it is abundantly clear that the wishes of the people are a secondary consideration.
Notwithstanding the retrogressive substantive elements of the Bill, the procedures adopted in fast-tracking the Bill through Parliament is unlawful and unconstitutional as it contravenes subsections 328 (3) and (4) of the Constitution.
The Bill, which had been amended outside its original form days before the vote, was passed through Parliament without the requisite 90-day notice period being instituted by the Speaker of Parliament, to invite members of the public to express their views on the revisions to the original Bill.
The passage of the Bill, coming days after the passage of Amendment No. 1 Bill by the Senate, marks a clear sign of democratic relapse.
The amendments we are facing, expose rank insincerity on the part of the government when it participated in the Constitution-making process.
It appears that participation was a self-serving act of political preservation, as opposed to a vision-setting exercise and a commitment to follow the constitutional and democratic trajectory.
Zimbabweans participated in the March 2013 referendum, with 94.5% voting in favour, believing all were genuine in the process.
Ironically, while the current government had previously prior to 2013 refused to back provisions that appeared to be targeting individuals, at that time President Robert Mugabe, it seems that some of the present amendments are person-specific, in particular as they relate to the office of the Chief Justice.
It is clear that the Bill seeks to consolidate and solidify the President’s position ahead of the 2023 elections and beyond.
This insincerity has, in the intervening years, been supported by the attitudes and conduct that have been displayed, in the disregard of the law; unjustified continued suspension of by-elections; the slow pace of legislative alignment to the Constitution; halfhearted and feigned law reform, with the passage of laws such as the Maintenance of Peace and Order Act; manipulation and use of the criminal justice system against critics; and a retrogressive legislative agenda where laws such as the Patriot Bill are being proposed.
Citizens, the Forum, diplomatic missions, the African Union Chairperson and UN officials have all spoken out against this trend since November 2017, warning of democracy under threat.
The actions of the government betray a departure from the independence ideals of democracy and constitutionalism.
History has taught us that constitutionalism, respect for the law and respect for the democratic wishes of the people, unlock the benefits of socio-economic and political progress.
Our stubborn disregard of these truths that have been tested over time signifies dark days ahead.
The Forum registers its deepest exception to the stance taken by the government.
//ENDS/</blockquote>

FULL TEXT: Zimbabwe Human Rights NGO Forum Statement On Constitutional Amendment

MDC-T vice president Thokozani Khupe’s differences with her boss, party president Douglas Mwonzora came out into the open in the National Assembly on Tuesday showing all is not well in the cockpit.
While the majority of MDC-T lawmakers were among the 191 votes in support of the controversial Constitutional Amendment Bill No. 2, Khupe, Nomvula Mguni, Phelela Masuku, and Paurina Mpariwa voted again the proposals. In total, 22 legislators voted against it.
The Bill now returns to the Senate, where Morgen Komichi, the chairman of MDC-T, previously voted against it while Mwonzora and co-vice president Elias Mudzuri voted in its favour.
Khupe’s refusal to join colleagues and vote with Zanu PF despite a whipping system puts her on a renewed collision course with her boss.
The two had a bitter fallout last December when Khupe lost the MDC-T presidency to Mwonzora in a congress marred by allegations of manipulation of the electoral college, violence and ballot fraud.
Khupe’s spokesperson, MDC-T Senator Khaliphani Phugeni said she voted “against the amendment because, in her view, it is a violation of the letter and spirit of the Constitution.”
Among other things, the Constitutional amendment will give sweeping powers to the President to appoint senior judges without public interviews and extend their term of office after reaching retirement age.
The amendment will also kill the “running mate” clause, and allow the President to appoint his deputies, instead of elected vice presidents.
<h4>More: <a href="https://www.zimlive.com/2021/04/21/mwonzora-faces-khupe-rebellion-as-constitutional-amendment-passes/" rel="noopener" target="_blank">ZimLive</a></h4>

Khupe Faces Mwonzora Backlash After Rebellion In Parliament

MDC-T national chairman, Morgen Komichi refused to support the controversial amendments to the constitution despite pressure from the party’s president Douglas Mwonzora to support them.
The MDC-T reportedly coaxed its Senators into voting with Zanu-PF to pass the amendments that will see President Emmerson Mnangagwa single-handedly picking the chief justice, deputy chief justice and the judge president.
When he was secretary-general of the original MDC-T, Mwonzora was one of the biggest critics of the proposed amendments that were first proposed five years ago.
However, following his fallout with the popular MDC Alliance leader Nelson Chamisa, Mwonzora have pursued a policy of “rational disputation” a euphemism for collaboration with Zanu PF.
The Standard reports that the MDC-T voted with Zanu PF to pass the amendments in the hope that the ruling party will return the favour by backing it in its battles with the mainstream MDC Alliance.
The publication reported MDC-T Senators as saying that the government was mulling further amendments to the constitution that will include suspending by-elections further and raising the age limit for presidential candidates from 40 to 50.
Zanu-PF is reportedly pushing to raise the age limit for presidential candidates to specifically target Chamisa, who polled over 40 per cent in the disputed 2018 presidential poll.
Speaking to The Standard on Saturday, Komichi said he was against changes to the constitution to benefit an individual. He said:
<blockquote>The national constitution needs to be protected from arbitrary amendments because it will do away with what the people actually voted for.
The people of Zimbabwe voted for the current national constitution.
It was the document they contributed to during Copac (Constitution Parliamentary Committee) times so for Parliament to then sit and make amendments without consulting them, is unfair.
We don’t want to amend the constitution to suit certain individuals.</blockquote>
Meanwhile, Mwonzora’s spokesperson Lloyd Damba refuted allegations that MDC-T had struck a deal with Zanu-PF on the constitutional amendments.
<h4>More: <a href="https://www.thestandard.co.zw/2021/04/11/revealed-why-mdc-t-supported-zanu-pf-as-komichi-speaks-out/" rel="noopener" target="_blank">The Standard</a></h4>

Komichi Breaks Ranks With Mwonzora On Constitutional Amendments

<blockquote>HIGH COURT DISMISSES RESIDENTS’ BID TO STOP PUBLIC HEARINGS ON AMENDMENT OF CONSTITUTION AS JUDGE RESERVES JUDGMENT ON HABAKKUK’S CHALLENGE
HIGH Court Judge Justice David Mangota on Tuesday 16 June 2020 dismissed an urgent chamber application filed by Chitungwiza and Manyame Residents Association (CAMERA) and Alice Kuvheya, a resident of Chitungwiza, seeking an order to stop Parliament from conducting public hearings on some proposed amendments to the Constitution.
In dismissing the urgent chamber application, Justice Mangota ruled that some citizens, who felt disenfranchised from participating in the process of contributing their views on the proposed constitutional amendments as they feared to put their health and lives at risk by attending the public hearings at a time of the outbreak of coronavirus, have an alternative remedy of making their submissions to Parliament in writing.
Through the urgent chamber application filed on Wednesday 10 June 2020 by Tonderai Bhatasara of Zimbabwe Lawyers for Human Rights, in which Parliament, Speaker of Parliament Jacob Mudenda, Senate President Mabel Chinomona and Attorney-General Advocate Prince Machaya, were listed as respondents, CAMERA and Kuvheya had argued that conducting public hearings at a time when the country is reporting increased numbers of people testing positive to coronavirus, is a negation of the efforts being done by those committed to arresting the spread of the pandemic and is also an abrogation of the purpose and spirit of provisions contained in section 141 and 328 of the Constitution.
CAMERA and Kuvheya argued that Parliament, Mudenda, Chinomona and Advocate Machaya have not indicated any measures that they have put in place in order not to breach the coronavirus regulations and citizens’ constitutional rights.
The residents association and Kuvheya said there is a real danger of the accelerated spread of coronavirus if the public hearings are held at a time of the outbreak of the pandemic.
CAMERA and Kuvheya wanted the proposed public hearings to be declared to be in contravention of section 56, 67, 141 and 328 of the Constitution as well as Statutory Instrument 83/2020 as read with Statutory 199/2020 as further read with Statutory 110/2020.
The proposed public hearings, CAMERA and Kuvheya said, should be postponed until such a time when the national lockdown has been lifted and when there is no longer a health threat of coronavirus.
Meanwhile, in Bulawayo, High Court Judge Justice Nokuthula Moyo on Monday 15 June 2020 reserved judgment on an urgent chamber application filed by Habakkuk Trust seeking an interdict barring Parliament, Clerk of Parliament Kennedy Chokuda and Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi from holding public meetings in Bulawayo or anywhere in Zimbabwe to discuss amendments to the Constitution until the health pandemic and resultant national lockdown caused by coronavirus currently afflicting Zimbabwe is over.
Justice Moyo reserved judgment after hearing submissions from Job Sibanda of ZLHR, who represented Habakkuk Trust and other lawyers who represented Parliament, Chokuda and Ziyambi.
In his application, Sibanda argued that Zimbabwe is currently facing a health pandemic which had necessitated the imposition of a national lockdown, where public gatherings were virtually banned to try and curb the spread of coronavirus.
Habakkuk Trust argued that by conducting public hearings to discuss some proposed amendments to the Constitution, Parliament, Chokuda and Ziyambi were putting the health of the public at risk at a time of the coronavirus pandemic.
The conduct of Parliament, Chokuda and Ziyambi, Habakkuk Trust said, is grossly unreasonable and holding public hearings at a time of the outbreak of coronavirus would defeat the very noble purpose of inviting the input of the public to any proposed constitutional amendments.
Habakkuk Trust said while the process of soliciting for input into the proposed constitutional amendments cannot be stopped, it must await normalisation of the situation in the country and no prejudice will be suffered by the respondents namely Parliament, Chokuda and Ziyambi.
The process of soliciting for people’s input into the proposed constitutional amendments, Habakkuk Trust said, should be stopped and only proceeded with after the country shifts to Level 1 stage of the national lockdown, which is the period which prevailed before the outbreak of coronavirus and before a State of Disaster was declared by the government in March.
Alternatively, Habakkuk argued that if Parliament, Chokuda and Ziyambi intend to proceed with the public hearings in the midst of the current health pandemic, they must ensure that all precautions are taken to prevent and contain the disease at such public gatherings.
Zimbabwe Lawyers for Human Rights (ZLHR)</blockquote>

FULL TEXT: High Court Judges Okays Public Hearings On Constitutional Amendment - Human Rights Lawyers

Nkulumane Member of Parliament Kucaca Phulu (MDC Alliance) said Zimbabweans should reject the Constitutional Amendment Bill which has been tabled by the Zanu PF government as it seeks to eliminate government’s accountability to the people.
Speaking during a Zimbabwe Coalition on Debt and Development (ZIMCODD) Public Finance Management (PFM) Reform Indaba held in Bulawayo on Tuesday, Phulu expressed concern over cabinet’s desire to have the authority to approve international treaties without the approval of the Parliament. He said:
<blockquote>If we allow the kind of situation where the Minister can sign whatever he wants disregarding the Parliament’s conditions it will be another way of rendering section 299 obsolete because we have signed a binding agreement another country can sue on the basis of that agreement actually he would be getting the nation into debt, so you can see the debt that we can get into when the Minister can go and sign with third parties what we did not agree on, the people as they were drafting this constitution were not stupid they saw that there was a possibility of this happening.</blockquote>
On the issue of the appointment of judges, Phulu, who is a lawyer, said a clause to authorise the president to directly appoint the chief justice and judge presidents without checks and balances was rejected during the Robert Mugabe era and it is surprising that it has been resurrected under the so-called New Dispensation.
<h4>More: <a href="https://www.cite.org.zw/constitutional-amendment-govt-shirk-accountability-to-citizens/" rel="noopener noreferrer" target="_blank">CITE</a></h4>

'Zimbabweans Should Reject Constitutional Amendment (No.2) Bill'

<a href="https://www.pindula.co.zw/Lovemore_Madhuku" rel="noopener noreferrer" target="_blank">Lovemore Madhuku</a>, the leader of a fringe opposition party, the <a href="https://www.pindula.co.zw/National_Constitutional_Assembly" rel="noopener noreferrer" target="_blank">National Constitutional Assembly (NCA),</a> has said the Constitutional Amendment Bill No. 2 could fail to sail through Parliament as some Zanu PF MPs were opposed to it.
Addressing members of the Young Journalists Association (YOJA) recently, Madhuku, who is a vocal critic of the proposed Bill on the <a href="https://www.pindula.co.zw/Political_Actors_Dialogue" rel="noopener noreferrer" target="_blank">Political Actors Dialogue’s (POLAD)</a> platform, said:
<blockquote>Yes, there are MPs in Parliament who are opposed to the Bill and they can achieve a lot. It is not a question of numbers.
First, they must persuade the conscience of the other MPs. Secondly, they must oppose every clause with good reasons.
… Zanu PF has a very thin two-thirds majority, winning over a few MPs from that side will stop the Bill. In the Senate, we only have to convince two traditional chiefs for the Bill to fail.</blockquote>
Constitutional Amendment Bill No. 2 seeks among other things, to give the president powers to appoint judges in higher courts without any public interviews and to scrap the running mate clause agreed on in the 2013 New Constitution.
Those who are opposed to the amendments claim that President Emmerson Mnangagwa intends to create an imperial presidency.
<h4>More: <a href="https://www.chronicle.co.zw/81-under-covid-19-watch-in-bulawayo/" rel="noopener noreferrer" target="_blank">Chronicle</a></h4>

Madhuku Counts On ZANU PF MPs To Block ED's 'Imperial Presidency' Designs

Justice, Legal and Parliamentary Affairs Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi" rel="noopener noreferrer" target="_blank">Ziyambi Ziyambi</a> said the <a href="https://www.pindula.co.zw/index.php?title=Political_Actors_Dialogue&amp;redirect=no" rel="noopener noreferrer" target="_blank">Political Dialogue Actors (POLAD)</a> cannot dictate to government what it should do regarding a proposed constitutional amendment.
Ziyambi made the comments after one of the POLAD interlocutors, <a href="https://www.pindula.co.zw/Lovemore_Madhuku" rel="noopener noreferrer" target="_blank">Lovemore Madhuku</a>, had implored the government to withdraw the Constitutional Amendment Bill. Said Ziyambi:
<blockquote>The current Constitution was a product of compromise. Who is the people that Prof Madhuku is referring to? Laws are made by parliamentarians who are the representatives of the people.
… Polad is not a statutory instrument. It is a platform for dialogue which like any other person or institution should submit its views about the Bill and it will be up to Parliament to take it up. So, suggestions to withdraw the Bill are misdirected.</blockquote>
Ziyambi accused Madhuku of being a political turncoat after he campaigned for the rejection of the current Constitution in the run-up to the 2013 referendum, only to turn around to push for its retention.
Among other things, the Constitutional Amendment Bill seeks to do away with the “Running Mate Clause” and give the President more powers in appointing judges and to pick more cabinet minister from non-parliamentarians.
<h4>More: <a href="https://www.herald.co.zw/constitutional-changes-madhukus-views-shot-down/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Ziyambi Dismisses Madhuku's Concerns  Over Proposed Constitutional Amendment

Former President Emmerson Mnangagwa’s advisor, <a href="https://www.pindula.co.zw/Petina_Gappah" rel="noopener noreferrer" target="_blank">Petina Gappah</a>, who is an international lawyer and investment expert, has criticised the Zimbabwean government for proposing to amend the Constitution.
Gappah said the Constitutional Amendment Bill sets a dangerous precedent of changing a constitution before it has been implemented. Writing on Twitter, she said:
<blockquote>The problem of the proposed constitutional amendments is not that “ED will have greater powers than Mugabe”. This is hyperbolic propaganda.
The real problem is that it sets a dangerous precedent of changing a constitution that’s barely been implemented since it was approved.
It’s also a spectacular own goal. For 2 years, the government has done nothing about constitutional/political reforms they promised.
And yet they’ve speedily approved this. They’ve set themselves back on foreign policy aims, e.g. rejoining the Commonwealth, deepening reengagement
The Chief Justice clause is unintentionally funny in what it says about our judiciary. It is a public vote of no confidence.
It sends a clear message that no one is good enough to be Chief Justice so the current one has to have the constitution amended to allow him to stay.
This I believe is the most unfortunate aspect of the proposed changes. Our institutions urgently need strengthening to make them independent of political control.
But they are willfully making changes to weaken the judiciary. I sincerely hope these changes do not go through.</blockquote>
<h4>More: <a href="https://twitter.com/VascoDaGappah/status/1214495778741346305?s=20" rel="noopener noreferrer" target="_blank">@VascoDaGappah</a></h4>

'It's A Spectacular Own Goal', ED's Former Advisor Speaks On Proposed Constitutional Amendments {Full Thread}

Zanu-PF youth league national political commissar Godfrey Tsenengamu has vowed to resist all efforts to amend the Constitution to increase the lower age limit for presidential candidates from 40. This follows statements from some Zanu-PF leaders who want the <a href="https://news.pindula.co.zw/2018/08/30/zanu-pf-worried-about-what-immature-people-like-chamisa-are-doing-plans-to-raise-presidential-age-limit-from-40/" rel="noopener" target="_blank">age limit to be increased in order to prevent alleged “immature” candidates</a>. Joseph Chinotimba and Lovemore Matuke have accused opposition leader Nelson Chamisa of being immature. However, writing on Facebook, Tsenengamu said
<blockquote>Will be engaging the leadership on the alleged proposal to raise the presidential age. Why punish innocent generations 
It’s alien to ZANU-PF and it won’t see the light of the day. 
This we will resist. It can’t
….As youth, we voted for President ED Mnangagwa despite the fact that he is way above 40. We didn’t vote for age but for a preferred progressive leader. We will still vote for him in 2023 so why waste time on an amendment which is not necessary.
At one point this will work against us as a party. Imagine a situation even in the very distant future where there will be a popular candidate below the proposed age limit and maybe with the party then not having two-thirds majority in parly to bring it back to 40 years. In short, all l am saying is there is no need for that. I am sure this is an individual’s opinion and not the official party position. I don’t see President Mnangagwa being part to this.</blockquote>

We Will Fight Proposal To Increase Age Limit For Presidential Candidates: Zanu-PF Youth League Commissar

<blockquote>The Hon. Advocate J. F. Mudenda Speaker of Parliament 
Dear Sir 
RE : UNCONSTITUTIONAL PASSAGE OF CONSTITUTIONAL AMENDMENT BILL IN NATIONAL ASSEMBLY OWING TO GLARING IRREGULARITIES AND MISCOUNT OF THE VOTE
I write to bring to your attention for your action and response alarming irregularities I have identified in the counting of votes for and against Constitutional Amendment Bill No. 1 on Tuesday 25 July 2017 (Order Paper &amp; Hansard Vol. 42, No. 79) in the National Assembly whose result is to yield a false two-thirds majority vote. These alarming fatal flaws are apparent even in the Hansard itself.
The irregularities I noted are in three respects: 
1.The total number of yeses are recorded as 182, yet they only tally to 181.
2. Double counting of an Honourable MP i.e Hon. I Pedzisai as having voted yes. This brings the total yeses 10 180 instead of the 181 adjusted figure in point 1. 
3. The ascribing of a yes vote to 2 Hon. MPs i.e. D. Marapira and C. Mabuwa who were absent with leave, bringing the yes vote down to 178 
4. The ascribing of two MDC Hon. MPs i.e. D.M. Ndlovu and B. Tshuma to the ZANU PF yes vote when they neither voted yes and worse were absent from the House on the day. This renders the Yes vote a mere 176, four votes shy of the 180 votes required to pass it. 
5. Ascribing 7 votes to the ZANU PF yes vote to MPs who were not recorded as present on the day i.e. Hon. MPs Beremauro G, Chikukwa M, Hlongwane M, Dutiro P, Simbanegavi Y, Ndlovu D”, Tshuma 13* (*votes have already been removed in Point 4) and 1 vote from the MDC i.e Hon Muguni N (Mguni N) This brings down the yes tally to 171. 
6. The ascribing of a ZANU PF MP R. Chabaya to the MDC no vote which if we added it to the ZANU PF Yes tally, would yield 172 votes for yes, which would still be a 2/3 majority deficit of 8.
The above gross irregularities mortally impugn the integrity of the passage of a Bill, more so a constitutional amendment Bill. The long and short of these travesties is that Constitutional Amendment Bill No. 1 did not pass with the 
‘the affirmative voles of two-thirds of the membership of each House’ required by Section 328(5) of the Constitution. This is apart from the other gross irregularities that occurred during its process not least of which was the failure by Parliament to at the very least consider the written submissions that are specifically required by section 328(4) the Constitution to be elicited from the public by your good office. Ass member of the portfolio committee that considered the Bill 1 can confirm, as 1 did in the House that I and fellow committee members did not ever have sight of the submissions despite repeated requests of them to be produced to the committee, neither were minutes of public hearings produced. 
As it is our primary role as Parliament in terms of section 119 of the Constitution to fulfill our duty to 1) …protect (the) Constitution and promote democratic governance in Zimbabwe 2) …ensure that the provisions of (the) Constitution are upheld I write to your good office to seek your action and attention to this critical issue to ensure that Parliament leads in abiding by the Constitution in its own processes or else it undermines its own authority to ensure the same of others. 
In my respectful view, in the light of the above stated fatal faults it should not be legally and constitutionally possible for you to issue, in terms of section 328(10) ‘a certificate _that its final vote in the National Assembly the Bill received the affirmative votes of at least two thirds of the membership of the Assembly’ that accompanies the Bill when it is presented to His Excellency the President for his assent. As such it would not be legally and constitutional for His Excellency to assent to a Bill with a false count of the votes for the Bill. 
My respectful view is that the House will need to be recalled. stand guided by your good office and therefore look forward to your response as to what urgent measures you will take to will rescind the fatally flawed process of the purported passage of the Bill. 
Yours faithfully 
Fungayi Jessie Majome M.P. (Ms.) Member of the National Assembly, Harare West 
c.c. The MDC T Whip Chief Hon. I. Gonese c.c. The ZANU PF Whip Chief Hon. L. Matuke c.c. The MDC Whip Chief Hon. J. Toffa </blockquote>

Jessie Majome's letter pointing out Zanu-PF rigging in passing Constitution Amendment No. 1

Member of Parliament for Harare West Constituency Jessie Majome has written to the Speaker of the National Assembly Jacob Mudenda pointing out irregularities in voting for Constitution Amendment Bill Number 1. The Bill is said to have been passed in Parliament with Zanu-PF claiming a majority but Majome points out irregularities which make the result null and void. The Bill seeks to bestow powers on the President to unilaterally appoint the Chief Justice, Deputy Chief Justice and Judge President.
She points out that there was double counting and the ascribing of yes votes to absent legislators. In her letter to Mudenda, Majome points out 6 irregularities which are as follows:
<blockquote>1.The total number of yeses are recorded as 182, yet they only tally to 181.
2. Double counting of an Honourable MP i.e Hon. I Pedzisai as having voted yes. This brings the total yeses 10 180 instead of the 181 adjusted figure in point 1. 
3. The ascribing of a yes vote to 2 Hon. MPs i.e. D. Marapira and C. Mabuwa who were absent with leave, bringing the yes vote down to 178 
4. The ascribing of two MDC Hon. MPs i.e. D.M. Ndlovu and B. Tshuma to the ZANU PF yes vote when they neither voted yes and worse were absent from the House on the day. This renders the Yes vote a mere 176, four votes shy of the 180 votes required to pass it. 
5. Ascribing 7 votes to the ZANU PF yes vote to MPs who were not recorded as present on the day i.e. Hon. MPs Beremauro G, Chikukwa M, Hlongwane M, Dutiro P, Simbanegavi Y, Ndlovu D”, Tshuma 13* (*votes have already been removed in Point 4) and 1 vote from the MDC i.e Hon Muguni N (Mguni N) This brings down the yes tally to 171. 
6. The ascribing of a ZANU PF MP R. Chabaya to the MDC no vote which if we added it to the ZANU PF Yes tally, would yield 172 votes for yes, which would still be a 2/3 majority deficit of 8.</blockquote>
She states that the above irregularities point that the Amendment Bill did not pass as it did not have the 2/3 majority needed.

Jessie Majome calls out rigging by Zanu-PF in passing Constitution Amendment Bill No. 1

In an interview with NewsDay, People’s Democratic Party leader and lawyer Tendai Biti confirmed that he is preparing to challenge Constitution Amendment Number 1 with the application expected to be filed next week. He argues that the proposed law was passed without two thirds as required by the Constitution.
Said Biti:
<blockquote>I am working on the papers to challenge the amendment. The Bill was passed without the requisite numbers. The framing is similar, we are certain they did not have the numbers.</blockquote>
Legal watchdog, Veritas also notes some discrepancies and said for the Bill to be passed by the Senate it needed 54 affirmative votes and not 53 who voted yes. Constitutional Amendment Number 1 seeks to give the President unfettered powers in selecting and appointing the Deputy Chief Justice, Chief Justice and Judge President.
More: <a href="https://www.newsday.co.zw/2017/08/12/biti-challenges-first-constitutional-amendment/">NewsDay</a>

Biti to challenge Constitution Amendment Number 1 Bill, argues proposed law was not passed by a two-thirds

Constitutional Amendment Bill (Number One) now awaits President Robert Mugabe’s assent after getting 53 affirmative votes from Zanu-PF senators and traditional leaders yesterday. 19 Senators from MDC-T voted against it.
The Constitutional Amendment Bill (Number One) if passed into law will give the President powers to appoint the Chief Justice, his deputy and High Court Judge President after consultation with the Judicial Service Commission. It will do away with public interviews by the Judicial Services Commission (JSC).
More: <a href="http://www.herald.co.zw/constitutional-amendment-bill-sails-through-senate/">Herald</a>

Constitutional Amendment Bill now awaiting Mugabe's assent after sailing through in Senate

In an interview with NewZimbabwe.com, on Wednesday, Norton MP, Temba Mliswa said MDC-T has itself to blame for the Zan8-PF’s Constitutional Amendment 1 victory because it recalled 21 MPs who had defected to the Tendi Biti faction. The move reduced the party’s seats in Parliament from 91 to 70.
Said Mliswa:
<blockquote>Indeed, they donated seats by recalling the likes of Biti, and more by not contesting in any by –election. But firstly, jubilation was after the proper following of the procedure in making laws in parliament, parliament is working and we are working as per the mandate of the people.</blockquote>
Mliswa also defended his celebrations in Parliament and said that it did not mean he has joined Zanu-PF. Said Mliswa:
<blockquote>Remember I was never part of the MDCT, and also I never re-joined Zanu PF on that day. If you follow my arguments in that debate, it was pro constitutionalism. It is unfortunate that the MDC-T fought that amendment as it furthers their Mugabe agenda. My agenda is bigger than any person and it’s about Zimbabwe, and constitutionalism.</blockquote>
More: <a href="http://newzimbabwe.com/news-38452-Mliswa+explains+wild+Parly+celebration/news.aspx">NewZimbabwe</a>

MDC-T  has itself to blame for Zanu-PF's Constitutional Amendment win

Speaking in parliament last night during the committee reading stage of the Constitutional Amendment Bill (Number One), Vice President Emmerson Mnangagwa said Zanu-PF was representing the will of the people by amending the Constitution to give powers to the President to appoint the Chief Justice, his deputy and High Court judge president.
Said Mnangagwa:
<blockquote>The will of the people in this chamber is represented by the ruling party. Who represents the public interest in this House? It is the ruling party. The public interest is expressed through the majority of the ruling party. It is an elementary jurisprudential point. We have three arms of the State, the judiciary, legislature and executive and you have another person who is the Head of the State. He is the head of the executive but plays another responsibility of heading all the three arms.</blockquote>
Mnangagwa’s comments come after Kuwadzana East MP, Nelson Chamisa said that it was not in the public interest to amend the Constitution 4 years after its adoption. He also said that giving the President powers to make key appointments violated the doctrine of separation of powers arms of State.
More: <a href="http://www.chronicle.co.zw/will-of-people-represented-in-parly-by-ruling-party-vp-mnangagwa/">Chronicle</a>

Zanu-PF representing the will of the people by amending constitution to give president more power: Mnangagwa

The public hearing on <a href="http://www.pindula.co.zw/news/2016/12/23/pdf-constitution-zimbabwe-ammendment-no-1-bill-2016/" target="_blank">Constitutional Amendment Bill No.1</a> had to be called off after activists from the <a href="http://www.pindula.co.zw/Movement_for_Democratic_Change_-_Tsvangirayi_(MDC-T)" target="_blank">MDC-T</a> and <a href="http://www.pindula.co.zw/Zimbabwe_African_National_Union_-_Patriotic_Front" target="_blank">Zanu PF</a> came to blows over the issue. The Bill seeks to remove public hearings and to give the President full discretion to appoint the Chief Justice, Deputy Chief Justice and Judge President of the High Court.
The aborted hearings were taking place at Nehanda Hall in Dombotombo, Marondera. Over 300 people attended the public hearing and some members of the public managed to submit written questions to the Portfolio Committee on Justice, Legal and Parliamentary Affairs before the chaos began. All the trouble started when MDC-T and Zanu PF activists started trading insults. The insults escalated until the two groups confronted each other and started fighting in the hall.
The committee had no option but to call off the public hearing. However MDC-T chief whip and Mutare Central MP, Innocent Gonese blamed the Zimbabwe Republic Police for not attending the event to maintain law and order.
More: <a href="http://www.newzimbabwe.com/news-34862-MDC-T,+Zanu+PF+rivals+punch-up+stalls+event/news.aspx">New Zimbabwe</a>

MDC-T and Zanu PF activists exchange blows over Constitutional Amendment Bill No. 1

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