The latest round of constitutional amendments will work to weaken Zimbabwe’s key democratic institutions, civil society organizations (CSOs) under the National Association of Non-Governmental Organizations (NANGO) have said.
The proposals are contained in the Constitution of Zimbabwe Amendment (No. 2) Bill, which was gazetted in December 2019.
The Bill proposes 27 amendments to Zimbabwe’s Constitution, which was adopted in 2013 after a referendum.
In a statement NANGO said some of the proposed amendments are “just law changes for the purpose of political mileage on those that propose the changes.”
“We note that, whilst some amendments are of a technical nature conceived to benefit the public’s moral, interests and security of the State, some are just law changes for the purpose of political mileage on those that propose the changes,” said NANGO.
“The Constitution Amendment (no. 2), will ultimately result in weakening of key institutions (Parliament, Cabinet, Judiciary, Civil Society Organisations and Political Parties) through usurping their powers accorded them by the current constitution.
“Essentially, the powers that are diminished from these institutions are consolidated within one office/institution, which is not progressive and flies in the face of principles of democracy and good governance.
The institutions of Parliament, Judiciary, Cabinet and civil society are of particular importance to the efficient operation of a democratic state.
CSOs have raised consternations over the removal of the President’s running-mates.
Clauses 3,4,5,6,7 and 8 of the Bill dispenses with the “running-mate” concept of the Vice Presidency. Consequently, the 2 Vice Presidents will be appointed on the President’s own authority.
“This inherently cements the authority of the winning President since the appointed Vice Presidents enjoy office at the mercy of the President and not of the electorate.
“Thus this proposed change weakens the autonomy and professionalism of the Vice Presidents, thereby enhancing one center of power,” said NANGO.
Questions have also been raised over Clause 10, which inserts a new Section substituting Section 104 (3), extending the President’s authority to appoint seven rather than five Ministers or Deputy Ministers from outside Parliament.
Zimbabwe’s CSOs view this move as a ploy to further centralize power:
“Increasing the number of unelected cabinet members gives the President room to increase the number of individuals who enjoy office at the mercy of the President. Experience has shown that those appointed by the President for cabinet end up aligning with the President’s political views rather than giving an honest and fair analysis of his/her field of expertise.
“Since the President can hire and dismiss this quota of ministers, it compromises their neutrality and functionality in Cabinet.
“Thus the amendment will increase the President’s voting power on Cabinet issues. This intrinsically consolidates the power of the President whilst compromising public accountability.”
Another amendment that has come under criticism is Clause 13, which amends Section 180 on the appointment of judges by the President in consultation with the administrative agency the Judicial Service Commission (JSC) without the need for public interviews.
NANGO views this as another way of the present Government to consolidate power.
“This removes public scrutiny on the appointment of judicial officials; only those that suit the prescription of the President get appointed. This amendment flies in the face of the 2013 Constitutional improvements made on the doctrine of separation of powers. The President will evade public accountability for such appointments,” said the association.
“Notably, this will increase the number of persons who are appointed and serve at the pleasure of the President. Thus, enhancing one center of power.”
To the extent of the possible negative repercussions of the proposed amendments, NANGO has called for greater public participation in public hearings around the constitutional amendments
“There is need to mobilise and ensure increased participation of the public during the public hearing meetings on the proposed constitution amendment (no. 2) to echo the voice of the public; “Civil Society Organisations to engage and lobby Members of Parliament in the various constituencies in view to raise their awareness on the implications of the proposed constitutional amendment (no. 2),” it said.