Parliament Adopts CAB3 Amendments, Tightens Civilian Control Over Defence Forces

By Desire Tshuma

HARARE– Parliament has adopted a package of amendments to Constitution Bill No. 3, introducing reforms to the judiciary, electoral system, and traditional leadership while placing the Defence Forces’ constitutional mandate under tighter civilian oversight.

The amendments, approved under the #CAB3 process, touch on nine key areas, from the status of the Zimbabwe Gender Commission to the tenure of chiefs. But the most contested change concerns the military’s role in safeguarding the Constitution.

The revised Bill restores the Defence Forces’ duty to “protect Zimbabwe and uphold the Constitution”, but adds a legal condition. That duty is now expressly “subject to sections 207 and 208”.

Section 207 sets out the structure of Zimbabwe’s security services and states that they “are subject to the authority of this Constitution, the President and Cabinet”. Justice Minister Ziyambi Ziyambi told Parliament this provision ensures the military remains under civilian command, with the President as Commander-in-Chief and Cabinet exercising overall control.

Section 208 governs conduct. It requires members of the security services to refrain from violating the fundamental rights or freedoms of any person while carrying out their functions. The clause is often cited in debates over the use of force during public order operations.

Supporters of the amendment say the cross-reference clarifies civilian oversight and human rights protections. Critics argue it curtails the military’s role as an independent guardian of the Constitution, returning what they call the “power of the sword” to the Executive.

Alongside the military clause, Parliament adopted eight other changes:

– The Zimbabwe Gender Commission will remain an independent constitutional commission after proposals to abolish it or merge its functions were rejected.
– The President will appoint 10 Senators based on professional expertise and competence, following consultation with Parliament. The appointees will retain full voting rights.
– The Zimbabwe Electoral Commission, not a designated judge, will oversee the election of a President by Parliament.
– A new office of President of the Supreme Court will be created alongside the existing Judge President.
– Judicial reforms will allow qualified legal practitioners, not only retired judges, to be appointed as acting judges where needed.
– The Zimbabwe Delimitation Commission will be strengthened with the inclusion of a demographer, a cartographer, and a representative from the Chiefs Council on its board.
– The national population census cycle will be extended from 10 years to 14 years.
– The tenure of the National Assembly of Chiefs and Provincial Assemblies of Chiefs will be aligned with the proposed extension of the electoral cycle from five years to seven years.

Parliament has framed the amendments as steps toward building stronger, more inclusive, and more accountable institutions. The Bill now moves to the next stage of the constitutional amendment process under the slogan: “Parliament listened. Zimbabwe moves forward. A Constitution for the People, by the People.”