Harare — As Zimbabwe moves closer to passing the Constitutional Amendment Bill No. 3 (CAB3), allegations of state-sponsored intimidation and the suppression of dissent have cast a shadow over the legislative process. The bill, which seeks to extend the presidential term to seven years and abolish direct elections for the presidency, has sparked a political crisis that critics say threatens to dismantle the country’s democratic foundations.
The urgency of the situation was highlighted recently when the Zimbabwe Human Rights Commission (ZHRC) saw its outspoken chairperson, Jessie Majome, swiftly reassigned just days after her office released a damning report on the CAB3 public hearings.
A ‘Controlled’ Process
According to the ZHRC’s monitoring report, the public hearings held from March 30 to April 4 were marred by violence and the systematic silencing of dissenting voices. The Commission reported instances of “men holding whips” vetting participants at entry points in Mashonaland West, with those opposed to the bill being physically attacked or denied a chance to speak.
“The commission observed instances where participants with divergent views to the proposed amendments were threatened, silenced, denied opportunities to contribute and in some instances physically attacked,” the ZHRC statement read.
Despite the constitutional guarantee of freedom of expression, opponents of the bill have found themselves cornered. Following the release of this critical report and Ms. Majome's public condemnation of the process as exclusionary, the President’s office announced her reassignment to the Public Service Commission—a move legal experts are calling unconstitutional.
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‘Let the People Decide’
CAB3 proposes radical shifts, including allowing Parliament—where the ruling ZANU-PF party holds a two-thirds majority—to elect the President rather than the citizens. Critics argue that this entrenches executive power and renders future elections meaningless.
In response to the violent consultation process and the controversial nature of the amendments, a coalition of opposition parties and civil society organizations is demanding a national referendum.
Constitutional lawyer Lovemore Madhuku has dismissed suggestions that the parliamentary hearings are sufficient, arguing that any alteration to the supreme law that transfers power away from the people requires their direct consent.
“A referendum is a minimum, a non-negotiable aspect,” Madhuku told journalists last week. “We will demand a referendum. Some are saying a referendum is not necessary, others even say it is prohibited. The Constitution cannot prohibit the people from expressing themselves on such a critical issue. Let the people decide”.
The Defend the Constitution Platform (DCP) has echoed these sentiments, warning that the current path leads to authoritarianism. “The defence of the Constitution must now return to the people,” said DCP convenor Jameson Timba.
A Constitutional Crisis Brewing?
The ruling ZANU-PF party maintains that a referendum is not legally required. Justice Minister Ziyambi Ziyambi has previously dismissed such calls, and the party is mobilizing its structures to ensure the bill passes through parliament.
However, with witnesses reporting the busing of supporters to venues to create an illusion of consensus, and the state media allegedly blacking out opposing views, the legitimacy of the process is under intense scrutiny.
As the deadline for written submissions passes on May 18, the nation stands at a crossroads. Analysts warn that forcing through a bill that removes the public’s right to elect their president, via a process defined by the suppression of those who say “no,” is a recipe for long-term instability.
Call for Referendum: Human rights defenders insist that the only democratic solution to the current impasse is to scrap the parliamentary route entirely. Demanding a clean break from the violent hearings of April, the opposition has drawn a line in the sand: If the Constitution is to be changed so fundamentally, sovereignty must return to the people. Let the people decide through a free and fair referendum.
Vengai Mutsawu is a Zimbabwean based in the Diaspora. He writes in his personal capacity.