Amendment 3 Referendum: Top Lawyer Slams Attorney General

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Former legislator and renowned lawyer Fadzayi Mahere has challenged Attorney-General Virginia Mabiza’s assertion that the Constitutional Amendment Number 3 Bill (CAB3) does not require a referendum to become law.

Key Developments:

  • The Constitutional Amendment Number 3 Bill (CAB3) proposes extending the terms of President Emmerson Mnangagwa, Parliament, and sitting councillors by two years, until 2030.
  • Attorney-General Virginia Mabiza claims a referendum is not legally warranted for the bill to pass.
  • Lawyer Fadzayi Mahere argues the AG’s opinion is non-binding and that the matter is currently sub judice.

Mahere argues that the Attorney-General lacks the authority to dismiss the citizens’ right to decide on the contentious legislative changes. Writing on social media, Mahere described the AG’s declaration as “subjudice.”

“Respectfully, the learned Attorney-General has no power to dismiss calls for a referendum. Only a court can do this,” Mahere wrote. She added that the AG’s opinion stands on the same footing as other legal professionals who hold opposing views.

Legal Dispute Over Referendum Requirements

Mahere, who previously served as the Member of Parliament for Mt Pleasant, emphasized that the AG’s position is merely advice to the government and does not bind any other party.

The disagreement follows a statement from Nick Mangwana, the Permanent Secretary for the Information Ministry. Mangwana reiterated the AG’s stance that calls for a referendum are not grounded in law but are instead driven by “political motives.”

Controversy Surrounding Public Hearings

The Bill recently underwent parliamentary public hearings, which were reportedly marred by the intimidation of those who opposed the measures. Reports indicate a pattern where suspected Zanu PF supporters were handpicked to deliver rehearsed support for the bill, while dissenting voices were denied the opportunity to present objections.

Zanu PF maintains that there is no necessity for a referendum to pass the controversial legislation.


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