Two Zimbabwean activists have filed an urgent application with the High Court in Harare seeking to halt the parliamentary process for the Constitutional Amendment Bill No. 2. The legal challenge claims the public consultation process required for the bill was invalid due to alleged violence, intimidation, and the exclusion of opposing views.
The application was filed by Allan Chipoyi, a former student leader, and Namatai Kwekweza, a pro-democracy activist. According to court documents, the activists argue that Parliament failed to fulfill its constitutional obligation to ensure meaningful public participation in the legislative process.
Named as respondents in the legal action are key government and parliamentary figures, including the Speaker of the National Assembly Jacob Mudenda, Senate President Mabel Chinomona, Minister of Justice Ziyambi Ziyambi, and President Emmerson Mnangagwa.
The court filing alleges that public hearings on the bill, conducted by a parliamentary committee, were disrupted. The applicants claim that at several meetings, individuals who intended to speak against the proposed amendments were either intimidated, shouted down, or physically prevented from contributing. The documents cite specific instances of disruption at hearings held in Harare, Masvingo, and other locations across the country.
The core of the legal argument rests on Section 141 of the Zimbabwean Constitution, which mandates that Parliament must “facilitate public involvement in its legislative and other processes.” The activists contend that the alleged environment at the hearings did not meet this constitutional standard, rendering the consultation process a “sham” and therefore invalid.
The Constitutional Amendment Bill No. 2 proposes several significant changes to the country’s 2013 constitution. Among the key provisions are measures that would give the president the authority to appoint judges to senior courts without public interviews. The bill also includes a provision to remove the “running mate” clause for presidential candidates, which requires a presidential candidate to run on a joint ticket with their vice-presidential choices. Another proposed change would extend the tenure of judges on the Constitutional and Supreme Courts past the current retirement age of 70.
Government officials have previously defended both the amendment bill and the consultation process. Minister Ziyambi has stated that the amendments are necessary to align the constitution with established practices and correct clauses that are difficult to implement. Parliamentary officials have also maintained that the public hearings were conducted in accordance with established procedures.
The High Court has not yet scheduled a date to hear the urgent application. The outcome of the case will determine whether Parliament can proceed with debating and voting on the controversial bill.
