No Need For A Referendum To Change Election Cycles – Ziyambi

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi has said that Constitutional Amendment Bill Number 3 seeks to extend the length of election cycles, not presidential term limits, and that it does not require a referendum.

Speaking to journalists in Harare on Thursday, Minister Ziyambi stressed that Sections 91(2) and 328 of the Constitution, which cover presidential term limits, remain unchanged, and any amendments to them would still need to go to a referendum. He said:

“In this Constitution, terms of office are five years and coterminous with the life of Parliament. The Bill elongates the electoral cycle from five to seven years.

“That’s all it’s doing, to elongate the election cycle from five to seven years for everyone, from councillors to the President. It’s not specific to a person. It’s the office of the President.”

Minister Ziyambi said that back in 2007, the government reduced the presidential election cycle from six to five years to align it with the parliamentary elections, and no referendum was needed.

He added that the current Bill does not affect Section 328(7) of the Constitution, which covers presidential term limits. Said Ziyambi:

“In essence, we elected to uphold the Presidential term limit in its entirety, refraining from any alteration to section 91(2) or any facet of section 328, particularly subsection (7).

“This principled stance underscores our dedication to enduring democratic norms. Those are election cycles and not term limits.

“A full term limit is defined as three or more years. The Presidential term limit is still there.

“We have just elongated the election cycle from five to seven years. It is not specific to a person but to the office of the President.”

He asserted that referendums usually relate to Chapter 4 of the Constitution on rights, Chapter 16 on agricultural land, and presidential term limits.

Minister Ziyambi added that even if term limits were extended to three terms, it wouldn’t need a referendum — though it wouldn’t benefit the current President anyway.

He said the move to extend election cycles was also motivated by the goal of achieving Vision 2030, which had been set back by two years of COVID-19 disruption.

Minister Ziyambi also pointed out that Section 95(2) clearly deals with the election cycle, not presidential term limits. He said:

“In this light, section 95(2)(b) establishes a standardised duration for the presidency as an enduring institution, ensuring administrative continuity and a rhythmic five-year electoral cadence without imposing cumulative constraints on incumbents.

“This demarcation sharply distinguishes it from authentic term limits, which enforce inflexible caps, with a specific beginning and a determinable end.”

Minister Ziyambi said there’s been a lot of misinformation about the Bill, including what he called “baseless” claims that it would require a national referendum because of supposed term-limit changes. He said:

“These assertions are profoundly misguided and demand unequivocal repudiation. The constitutional amendment architecture is lucidly prescribed in section 328.

“Pivotal is section 328(6), which requires a referendum only for Bills altering provisions in Chapter 4 (Declaration of Rights) or Chapter 16 (Agricultural Land).

“Section 328(9) extends this safeguard to section 328 itself, equating it to Chapter 4.”

More: The Herald