3 Million Voices
It is of concern that the President has such unrestrained powers of the appointment of the Public
Protector and this enables the Head of State to select individuals based on self-interest or political
motivations considering that there are also no constitutional qualification requirements for the
holder of the office of the Public Protector.
By amending Section 327(3) (b) of the Constitution, the words, “foreign organisations or entities”
will change to “international organisations”.
Foreign organisations or entities are institutions that operate or are based outside Zimbabwe, such
as foreign international banks and financial institutions while international organisations are
established by treaties or other international instruments, like UN Agencies.
What the Amendment will do is to confer powers to the President to conclude agreements that
bind Zimbabwe with foreign organisations and entities without seeking approval of Parliament.
Previously, the President could only enter into agreements with international organisations, but
now he can enter into agreements with any individual or institution and this poses a risk that such
agreements could be against the national interest, or could be driven by personal interest and still
bind the State, including bringing Zimbabwe into economic debt.
What this means is that there is no longer a provision for Parliament to question the President
before he signs any binding agreements with foreign entities and this increases the chances of
corruption and lack of transparency.
Currently, Zimbabwe is battling a huge burden of debt incurred under unclear terms and
conditions and by allowing the President to do as (s)he pleases when signing agreements can
further worsen the situation.
While the extension of Section 124(1)(b), which allows for the allocation of 60 seats reserved for
the appointment of women as members of Parliament is meant to encourage their participation in
politics, it instead does the opposite.
The quota has enabled political parties to ignore or discourage female candidates from contesting
in elections on the pretext that they would be catered for by the quota.
In reality, the quota provides a misleading view that government is improving gender balance in
politics, yet it actually saves the State from undertaking steps to ensure gender equality provisions
such as 50/50 representation at all levels of leadership in accordance with the provisions of the
Constitution.
Our Conclusion:
Overall, the Amendment of the Constitution weakens democracy, and undermines the concept of
the rule of law and separation of powers and is a step back in the context of good governance and
accountability.
4.1.2 Expert Perspective
Beatrice Mtetwa
Human Rights Lawyer
(Speaking to Heart and Soul TV)
When the people of Zimbabwe went out and voted for this constitution on 16 March 2013, they
were making a statement; more than 90 percent voted for that constitution. It’s an absolute slap in
the face, for the senators and MPs who are being complicit in this mutilation of the Constitution,
and I think as and when (legal) challenges (to this Amendment) are heard in the courts it will be a
sad day if the judiciary says a process that is patently unconstitutional and unlawful, is lawful.
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