Examining the Third Term Proposal: Constitutional Integrity vs Political Ambition

By Dr Masimba Mavaza

Zimbabwe has been plunged in a dip pool of quandary and confusion. The integrity of the nation has come to a point of serious testing. We are now left with one position to choose between integrity and political ambition. The world looks in awe as the cruel drama unfolds.

The 2030 agenda is a serious impossibility. It is very disappointing that people are pushing this agenda despite the president saying no. Those pushing have other agendas and they want to benefit. They are using the president as a steppingstone. Each of them has a lot of skeletons hidden in their cupboard, it is a pity that they now take advantage of the President and pretend to love him by offering him the impossibility of a constitutional desecration

The constitution provides clear procedures which should be followed for any amendment of the constitution. The 2030 campaigners have not been clear on what they want. There is a provision of the constitution which limits the presidential terms to two terms. People must be given 90 days to debate the proposal, then they will go to parliament. Then there should be a referendum if the parliament passes it. Many things would require a referendum even though there is no specific provision requiring a referendum. There are provisions which are morally binding and some provisions which are legally binding. If you want to amend the constitution you morally need a referendum. So as a matter of constitutional law it includes other rules which are not only legally binding but politically and legally binding.
So, there will be more than two referendums required to extend the president’s terms. There will be no way to force a change without a referendum. If you want to add the terms of the president, you need a referendum for that. So, the first huddle the 2030’s have is to navigate through the people of Zimbabwe.

The second need for a referendum is when you want the incumbent president to benefit from the extension. So if you want him to benefit then you need to amend section 328, (7) “In terms of section 328 (7), a term extension means an additional term beyond the two term limits. To have an additional term or, a “term extension” would require the removal or the amendment of the constitutional provision that provides for a two – term limit, supported by a referendum.” In accordance with Section 328(7) of the Constitution of Zimbabwe, if the President wants to stay in office beyond his current term, which is set to end in 2028, he will need to get the Constitution amended and that amendment would require a referendum. In terms of section 328(7), a term extension means an additional term beyond the two term limits. To have an additional term or, a “term extension” would require the removal or the amendment of the constitutional provision that provides for a two – term limit, supported by a referendum. As such, and for the avoidance of doubt, let’s be clear that there is nothing called “a term extension”, there’s only a “new term” or another term. If President Mnangagwa finishes his current term in 2028, and remains in office, that would be an additional term, or a new term or another term or a third term. It would not be a “term extension. No term can be extended because the Constitution does not permit the extension of any term. The concept of a term extension is, in fact, a misnomer. In other words, there’s no constitution which has its own processes. So, if President Mnangagwa does finish his current term and wants to stay in office, it would be a new term, not an extension of the old one. And that would require some changes to the Constitution, including a referendum.” In the case of Zambian Election Commission v Edgar Lungu the two years Lungu was the President was the president was judged to be a term. The same reasoning should apply in Zimbabwe as it will.

This means we will have more than one referendum. Clearly the referendum cannot be combined, that is to have one referendum to respond to multiple constitutional amendments. It is so important for Zimbabwe having moved from a Lancaster Constitution which did not have term limits. We ought to be guided by common sense and patriotism, not individualism. All nations around us have term limits and Zimbabwe must be compliant with the laws,and, international law. We must stick to the president’s words he wants to go no further than 2028. The president must not be made to look like he is not decisive. Zimbabwe must confront these people; the president has spoken we need to confront Energy Mutodi and the Mudas of this world.

During the ZANU PF conference cde Chinamasa clearly stated that the resolution was dependent on the president’s wish, and he has clearly said No.
If we remain alert as a country this third term will not come. We have 90 days to speak out against this madness. We should confront our MPs and let them see some sense and tell them to grow up. Assuming that we go to a referendum if the answer is No, the case ends there, or if it is yes then the case goes to the president. We have great hope that they will not break the law and lie to the people that they are very close to the president. If they break the law, then we need to abide by the law.

The people must be given the role of defending the law and the truth. The President must respect the constitution and must refuse to sign such law into law. We expect him to refuse and distance himself from this madness. If this is done it will damage the reputation of our country. We will stand out as a country which does not want to comply with the law. This will undermine the credibility of the country and if you play around with the constitution, it undermines investment, nobody will trust your country if you cannot be bound by your own constitution.

President Mnangagwa’s legacy is at stake. The president has spoken and has been very clear. People have a responsibility, and the president has done his part. The president is not the one to solve this issue. There are people who always stay around the president, and they think they now own the President. They now call the 2030 campaign “Chinhu Chedu”

For once let Zimbabweans show that they are a people who can stand for principle. We suffered during the last days of President Mugabe when a clique of a few guys thought that they own President Mugabe. They started to run the country in the shadows of the President taking advantage of his age and the results are clear for all to see.

The attempt to force a third term and the inevitable referendum is the program constituting a threat to Zimbabwe peace. It is an Agenda to lead the country into bloodshed. Those people that are pushing this agenda and driving the ambitious ill thought agenda will cause an unnecessary assault on the politics of Zimbabwe. What will our president do in two years which he did not do in ten years. Zimbabwe is already vulnerable without the self-induced disaster of a poisonous toxic agenda of a third term flighted by these people. We are seeing the country being slowly pushed into anarchy.

The president can not have his legacy destroyed by just few people. People must stop confusing the 2030 agenda with 2030 anenge achipo nonsense. We can not amend the constitution by an attempt to extent the terms of office, this will be the most dangerous constitutional attack, this will be an attack on the majority of Zimbabweans who have fought for this provision to be included in our constitution.

It is a shame to threaten party members with expulsion if they voice their concern. We cannot allow another cabal to run the country again by threatening members. ZANU PF is a democratic party and it will never be drowned into confusion by just a few people. The announcements by some few Provincial chairpersons that people will be expelled from the party for voicing and exercising their democratic rights are just the sign of corruption and autocracy. It is actually healthy to allow the party to start discussing this without threatening any person.

If one does a lot of work, he must sit and see it developing. A good leader is the one who gives others a chance. People are all out to destroy all what the President has achieved.

Unfortunately, the parliament has no opposition. There must be an offence created for breaching the constitution. Zimbabwe needs to be awake we can not put our tails in between our legs and hope to run fast.
The continuation of this campaign will see Zimbabwe in a mess. Give our country up to June Zimbabweans will be suffering from the ripple effects of these irresponsible people calling themselves patriots.