OPPOSITION Movement for Democratic Change (MDC) president Douglas Mwonzora has called on Speaker of the National Assembly, Jacob Mudenda, to conduct voting by secret ballot when legislators consider the highly contentious Constitution of Zimbabwe Amendment (No 3) Bill (CAB 3).
The call comes as Parliament prepares for a decisive vote on the proposed constitutional changes, which critics say could extend the tenure of incumbent President Emmerson Mnangagwa and significantly reshape Zimbabwe’s governance framework. The Bill has sparked fierce debate across political, legal and civil society circles.
The push follows the conclusion of Parliament’s mandatory 90-day nationwide public consultative process, setting the stage for what is expected to be a fiery showdown during the upcoming second reading and eventual vote in the House.
In formal submissions to Parliament on CAB 3 earlier this week, Mwonzora argued that a secret ballot is the only way to safeguard the democratic integrity of the legislative process.
“Parliament stands to materially benefit from this amendment. So will the President. To make these two institutions the alpha and omega on this Bill is to bring a serious conflict of interest,” he said.
“I would like to respect the voting of parliamentarians as a genuine opinion on the Bill during voting. I would like to respect the voting of Parliamentarians as a genuine impression of their individual views.
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“I, therefore, kindly request that the voting on the Bill in both houses of Parliament be by secret ballot. Kindly please advise me as to your attitude to my humble request.”
CAB 3 has drawn widespread condemnation from legal experts, civil society organisations and religious bodies since it was gazetted earlier this year.
Mwonzora said the proposed amendment was unconstitutional and “does not in any way remove our international isolation”.
“Given the various social, political and economic challenges that our country is going through, it does not seem that an amendment to the Constitution is the answer,” he said.
The MDC leader’s demands coincide with reports filtering from the corridors of Parliament suggesting deep divisions within both the opposition benches and the ruling Zanu PF party over the implications of the Bill.
Insiders claim that a significant number of ruling party legislators is uncomfortable with some of its clauses but fear crossing party lines in an open division-of-the-House vote.
If passed, the Bill will introduce sweeping structural changes to Zimbabwe’s supreme law, including abolishing direct presidential elections, extending terms of office and expanding Executive control.
However, Mwonzora questioned the legality of the proposed provision that could allow the incumbent President to benefit from the term extension proposed in CAB 3.
“Among other things, the Bill seeks to extend the presidential and parliamentary term limits. At the same time, it seeks to enable the incumbents to benefit from these extensions. In terms of section 328, the two items cannot be in the same Bill.
“The fact that they have been put in the same Bill means that the Bill itself is illegal. One may be tempted to argue that the amendment does not seek to amend the declaration of rights. This is clearly wrong,” he said.
Critics of the Bill also argue that it dilutes judicial transparency by removing mandatory public interviews and oversight by the Judicial Service Commission of Zimbabwe (JSC) for key legal appointments, giving the Executive unchecked control over the Judiciary and prosecutorial arms.
Mwonzora said there was no justification for removing public interviews and JSC oversight in key appointments, warning that such changes will erode public confidence.
“It is critical for the confidence of the public that judges are subjected to public interviews. There is no need to change this at all. The current wording in the Constitution is correct. No useful purpose is being served by this amendment,” he said.
The Law Society of Zimbabwe has also submitted strong objections to Parliament, arguing that extending the incumbents' term limits without a national referendum directly violates section 328(7) of the Constitution.