Lead

A war veteran has filed an urgent High Court application seeking to stop the certification and further processing of Zimbabwe's Constitution of Zimbabwe Amendment Bill No. 3 (CAB3), arguing that the parliamentary vote that passed the proposed law was unlawfully tainted by gifts from businessman Wicknell Chivayo. The application, filed by Reuben Zulu in the High Court in Harare, names CCC legislator Samantha Murenyanyi, Zanu PF Bindura South MP Remigious Matangira, the Clerk of Parliament, the Speaker of Parliament, and Parliament of Zimbabwe as respondents.

Separately, the Constitution Defenders Forum (CDF), a civil society group, has called for the immediate withdrawal of the Bill, describing Parliament's passage as flawed and tainted by bribery and undue influence.

Coverage Comparison

Reporting on the developments comes from AllAfrica, which detailed both the court application and the CDF's stance. The two accounts overlap on the core allegation that inducements compromised the legislative process, but they approach the issue from different angles: the court application focuses on the actions of specific legislators and the legal remedy sought, while the CDF's statement emphasizes broader concerns about the integrity of Parliament and the referendum process.

The court application names two legislators—Samantha Murenyanyi and Remigious Matangira—who allegedly received luxury vehicles from Chivayo after backing the constitutional amendments during National Assembly debates. Murenyanyi is also reported to have received US$50,000, reportedly earmarked for constituency development projects despite her not representing a geographical constituency.

The CDF, led by convenor Tendai Biti, a former Finance minister, did not name specific individuals but argued that the voting process had been compromised by inducements allegedly offered to legislators. Biti expressed concern over lawmakers' failure to conduct a secret ballot.

Key Claims

  • Reuben Zulu filed an urgent High Court application seeking an interim order staying the certification, authentication, transmission, presentation for presidential assent, and any further validation of the National Assembly's approval of CAB3, pending the final determination of the matter.
  • Zulu argues that Parliament should not proceed with the constitutional amendment until allegations that some legislators were induced to support the Bill have been independently investigated.
  • According to AllAfrica, Murenyanyi and Matangira received luxury vehicles from Chivayo after backing the constitutional amendments, and Murenyanyi also received US$50,000.
  • The CDF has called for the immediate withdrawal of CAB3, with Biti stating that the process was tainted by widespread inducements, money, and vehicles being openly exchanged to influence the outcome.
  • Biti said the proposed amendments do not reflect the views expressed by many Zimbabweans during public consultations and warned that if the Bill proceeds to a referendum, authorities must guarantee a process that is free, fair, and credible.
  • The CDF is considering further action, including litigation, to challenge the Bill.
The Senate has already approved CAB3, and the National Assembly has completed its consideration of the Bill, according to AllAfrica.

Perspectives

Applicant Reuben Zulu

Zulu, bringing the application in his personal capacity and in the public interest, argues that the constitutional amendment process has been compromised. His founding affidavit states, "The Constitution cannot be amended by cash and keys," and emphasizes that "a constitutional majority must be a constitutional majority." He maintains the application is not an invitation for the court to manage Parliament's ordinary business.

Constitution Defenders Forum

CDF convenor Tendai Biti asserts that Parliament's passage of the Bill was flawed and tainted by bribery and undue influence. He argues that the Bill is unnecessary, divisive, and has deepened political polarisation. Biti also expressed concern about the potential for a politicized referendum, urging that organizations and individuals who have openly campaigned for the Bill should not be allowed to manipulate or dominate the process.