CONSTITUTION Amendment No 3 Bill sailed through the National Assembly yesterday after 38 opposition Citizens Coalition for Change (CCC) legislators voted alongside Zanu PF, sparking outrage from opposition figures, constitutional lawyers and civil society groups who described the vote as a betrayal of the electorate.
The controversial Bill secured 216 votes, comfortably surpassing the 187 votes required for the two-thirds majority needed to amend the Constitution.
The outcome exposed deep divisions within the opposition, with critics arguing that the Bill would have failed had all opposition legislators voted against it.
Zanu PF had 181 legislators, which is less than the 187 seats required in the National Assembly for a two-thirds majority victory.
This means that support from opposition lawmakers aligned to CCC self-imposed secretary-general Sengezo Tshabangu handed the ruling party a decisive victory.
While the Bill now proceeds to the Senate, a defiant group of 42 opposition legislators aligned to CCC interim leader Jameson Timba, who opposed the amendments, vowed to continue resisting the changes through political mobilisation and legal action.
Critics of the Bill insist that the battle is far from over.
Constitutional lawyer Musa Kika said those opposed to CAB 3 should not place their hopes in Parliament, arguing that the Senate is equally unlikely to block the legislation.
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“It is folly for citizens who are opposed to CAB 3 to wait for the Parliamentary process to yield positive outcomes,” Kika said.
“The current Senate, just like the Lower House, has no capacity to vote against CAB 3 given that Zanu PF has significant numbers and the so-called opposition members in the Senate are a mix of Tshabangu-imposed pseudo-opposition characters and the type that can be bribed and has no fear to act against popular will.”
Kika said opponents of the Bill should, instead, focus on popular mobilisation and litigation.
“The hopes of the people still lie in popular mobilising and popular action.
“That is how the politicians will listen.
“The courts must also be used as an avenue, if only for the record, and to also expose them for being complicit in constitutional mutilation.”
Another constitutional lawyer, Lovemore Madhuku, whose legal challenge on behalf of war veterans was struck off the roll by the Constitutional Court on Wednesday, said attention was shifting to ongoing court challenges.
“We are beefing up our High Court case,” he said.
“We feel that Parliament is slowing the process and wasting time because we cannot wait.
“We want to go back to the Constitutional Court with the other case by Prince Dubeko Sibanda, which the court said was not yet ripe.
“The outcome of Parliament is predetermined. We knew the Bill would pass.”
Madhuku said legal avenues remained central to efforts to stop the amendments.
“On the political side, we are exhausting the legal remedies because political action may not be necessary if we win in the courts,” he said.
The Constitution Defenders Forum (CDF), led by former Finance minister Tendai Biti, condemned the passage of the Bill, describing it as a setback for constitutional democracy.
“CDF condemns the passage of Constitution Amendment No 3 Bill in the strongest possible terms,” the organisation said in a statement.
“Today’s vote is a betrayal of the people of Zimbabwe and the spirit of the liberation struggle.”
The group accused some legislators of prioritising personal and partisan interests over the wishes of citizens and argued that public consultations overwhelmingly showed opposition to the proposed amendments.
“The struggle to defend the 2013 Constitution does not end in Parliament. It now enters a new phase,” CDF said.
The organisation pledged to pursue all lawful and constitutional avenues available to challenge the Bill and urged Zimbabweans to remain peaceful and vigilant.
Former opposition legislator Job Sikhala launched an attack on the 38 CCC legislators who voted for the Bill, accusing them of betraying the democratic aspirations of Zimbabweans.
“What transpired today in Parliament should tell all of you that sellouts among ourselves who always come to masquerade as supporters of change in our country are pretenders and dangerous to the general cause of our people,” Sikhala said.
“Today 38 members purporting to be opposition in Parliament have voted with Zanu PF to sell the masses of our people.”
The Zimbabwe Constitution Movement (Zicomo) also expressed concern, arguing that the amendment process was driven by elite political interests rather than the national interest.
“Zicomo remains deeply concerned that this amendment is driven not by the national interest but by the interests of a political elite determined to entrench its hold on power,” the organisation said.
“Zimbabwe’s Constitution was adopted to limit arbitrary authority, strengthen accountability and protect citizens from the excesses of unchecked power.
“Any attempt to weaken those safeguards represents a betrayal of both the spirit and the letter of the Constitution.”
The organisation called on senators to vote according to their conscience when the Bill reaches the Upper House.
“This is a defining moment for Zimbabwe’s democracy,” it said.
Among the legislators who opposed the Bill was Chiredzi Central MP Ropafadzo Makumire, who said although the vote was lost, the principle remained intact.
“The vote is lost, but the principle remains,” Makumire said.
“We are proud that we have managed to stand with the people from the beginning.”
While the Bill is now heading to the Senate with fresh legal challenges looming, opponents say the fight over CAB 3 has shifted from Parliament to the courts and the broader public arena.
“It’s time to organise ourselves and reflect what the people on the ground, those who voted for us want,” said CCC legislator Darlington Chigumbu.
