FORMER opposition Member of Parliament (MP) for Mkoba South, Amos Chibaya, and ex-student leader Allan Chipoyi have withdrawn their urgent court application challenging Constitutional Amendment No 3 Bill after Judge President Mary Zimba-Dube ruled that the matter involved too many people and could not be resolved on paper without hearing oral evidence from witnesses.
The duo had cited Parliament of Zimbabwe, the Speaker of the National Assembly, the Justice, Legal and Parliamentary Affairs minister and the Attorney-General as respondents.
Appearing in chambers before the Judge President, the applicants, represented by Obey Shava from the Zimbabwe Lawyers for Human Rights, withdrew the matter to file a fresh application that includes 241 witnesses whom the court may call to testify.
Chibaya and Chipoyi originally filed for a declaratory order and an interdict, arguing that public hearings on Constitutional Amendment No 3 Bill were conducted in violation of their right to freedom of expression under section 61 of the Constitution.
They claimed they and other voices opposed to the Bill were violently prevented from making submissions.
According to their submissions, the public hearings were controlled by partisan activists who physically assaulted participants.
Chibaya allegedly had a microphone forcibly taken from him just as he was about to speak.
The two argued that the hearings conducted from March 30 to April 4 failed the test of fairness and inclusivity, rendering them a nullity.
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In major centres including Harare, Bulawayo, Mutare, Masvingo and Gweru, they submitted that citizens were physically assaulted, intimidated and barred from expressing their views, making a mockery of constitutional rights to freedom of expression and participation.
The applicants gave respondents an ultimatum to remedy the situation by reconvening meetings in affected areas.
When the April 14 deadline expired with no response or action, the duo said the respondents’ refusal indicated an intention to proceed with a Bill whose views were not captured.
“If the public meetings in the affected areas are not re-convened, the Bill will proceed to the next stage of the legislative process based on a flawed, unrepresentative and violent consultative record.
“There exists no alternative remedy capable of compelling Parliament to re-convene public meetings in affected areas. The matter is urgent and immediate relief is necessary to prevent irreparable harm,” they
submitted.
They are now seeking to have the public hearings set aside and for the Speaker and Parliament to be ordered to conduct fresh, safe and inclusive hearings in the five affected cities, plus costs.
They said the Bill was not representative of the will of millions of ordinary Zimbabweans.
“The seeds of the Bill were sown at the Zanu PF annual people’s conference held in Bulawayo in October 2024,” Chibaya and Chipoyi submitted.
“During the conference, party wings, specifically the youth league and several provincial structures, moved a resolution to extend the presidential term of office and the ‘2030 Agenda’.”
In a supporting affidavit, lawyer Douglas Coltart described how he lost his mobile phone at the hands of suspected Zanu PF members during a hearing.
He said organisers refused to allow him or others seated with him to express views against the Bill.
“The individual holding the microphone appeared to selectively choose who will be permitted to speak and only those in support of the Bill were selected,” Coltart’s affidavit read.
“I witnessed multiple incidents where persons who attempted to access the microphone were physically blocked, pushed and assaulted by a group of young men acting in concert and surrounding the microphone holder.”
He recounted being attacked, robbed of his phone and pushed to the ground by a man later identified as Zanu PF member Luckmore Gapa.
Another alleged assailant, Nicholas Hamadziripi, was also named.
Coltart said the assault occurred in full view of parliamentary portfolio committee members and police, yet no attempt was made to intervene.
The Bill seeks to extend Mnangagwa’s term of office from 2028 to 2030 without a referendum.
It also proposes sweeping changes to the Constitution, including scrapping direct presidential elections.
If passed into law, MPs will vote for a president.
