The ball is in your court – Coltart challenges Mnangagwa to reject CAB3 until referenda are held

BULAWAYO Mayor David Coltart has challenged President Emmerson Mnangagwa to refuse to sign Constitutional Amendment Bill No. 3 (CAB3) into law until it has been subjected to referenda, arguing that the proposed changes cannot legally take effect without direct approval from Zimbabweans.

The controversial Bill has been approved by both the National Assembly and Senate and now awaits presidential assent after the lower House considers amendments proposed by the upper chamber.

Among the proposed constitutional changes are the extension of the President’s term from five to seven years and the transfer of the power to elect the President from the electorate to Parliament.

Coltart argued that the latter proposal directly undermines Section 67 of the Constitution, which guarantees every citizen the right to participate in public elections.

He maintained that because the amendment affects provisions contained in Chapter 4 of the Constitution, which enshrines the Bill of Rights, it cannot lawfully be enacted without a referendum.

The former Cabinet minister said the constitutional debate ultimately hinges on the interpretation of Section 328, insisting that the Bill cannot escape at least one, if not two, national referendums.

“He has stated repeatedly that he is a Constitutionalist and we all know that he is a lawyer with decades of experience. He will therefore know the clear and unequivocal meaning of Section 328(1) of the Constitution as read with subsections (4), (6), (7) and (9),” Coltart wrote on X.

He added: “When read together any lawyer worth his or her salt will tell you that if the effect of an amendment is to lengthen the time in office of an incumbent President then a Referendum is necessary. The same lawyer worth his or her salt will also know that the change of election of the President, removing the right of the electorate to vote directly for a President, is an effective amendment to one of the provisions of the Bill of Rights, contained in Section 67 of the Constitution.”

President Mnangagwa has repeatedly described himself as a constitutionalist and has publicly maintained that he will leave office when his second and final term expires in 2028.

He has also said he does not require more than the constitutionally prescribed two terms in office.

He has however, remained largely silent throughout the debate over CAB3, despite sustained lobbying by some of his supporters for his tenure to be extended to 2030.

Mnangagwa has summoned the National Assembly for an extraordinary sitting on June 30 to consider amendments proposed by the Senate to Constitutional Amendment Bill No. 3.

Among the Senate’s recommendations is a change to the procedure governing the first sitting of Parliament, allowing the Vice-President to act as Head of State until Parliament elects a new President.

Once the National Assembly considers and adopts the Senate’s amendments, the Bill will be sent to President Mnangagwa for assent.

Added Coltart: “This isn’t trickery – it is just simple legal interpretation and application of clear and unambiguous Constitutional provisions; in other words something a Constitutionalist will recognize instantly.

“It is in this context that lawyers will expect President Mnangagwa, as a Constitutionalist and experienced lawyer, to refuse to sign #CAB3 until these two referenda have been held.”

The parliamentary passage of CAB3 has also been clouded by allegations of bribery, with claims that some legislators, including opposition MPs, received cash and luxury vehicles in exchange for supporting the Bill. _*NewZimbabwe*_