Court Dismisses Bid To Stop Public Hearings On The Constitutional Amendment Bill

Bulawayo High Court judge Justice Nokhuthula Moyo has dismissed an application by Habakkuk Trust, a local non-governmental organisation, which sought to have last week’s Parliamentary hearings on the proposed Constitutional Amendment No. 2 Bill suspended due to Covid-19.

In its court papers filed through lawyers, Job Sibanda and Associates, the Trust argued that respondents – Clerk of Parliament Mr Kennedy Chokuda, Justice Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and the Parliament of Zimbabwe, were being unfair and unreasonable by risking the lives of the public through holding the meetings.

Habakkuk Trust also opined that the outcome of the process will not be a representation of the people’s will since COVID-19 regulations allowed a maximum of 50 people to gather. Ruling on the matter, Justice Moyo said:

We do not have the power to suspend constitutional processes per personal view, we are not allowed. I have not been favoured by the applicant with any case law authority that is precedent for suspending the Constitution thus applicant has not shown me that I do have the power to stop constitutional processes.

Constitutional Amendment No.2 Bill gazetted last year, seeks to introduce at least 27 amendments to the constitution which law expert Professor Lovemore Madhuku says are meant to consolidate President Emmerson Mnangagwa’s grip on power.

Meanwhile, political science lecturer Eldred Masungure is convinced Mnangagwa seeks to have powers to appoint a successor of his choice.

More: Chronicle

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