By a Correspondent
The Constitutional Amendment Bill Number 3 (CAB3) Legislative process could be thrown into disarray and uncertainty after 210 constituent members petitioned the Constitutional Court seeking to interdict the controversial process.
The legislative process started today with Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi making the First Reading of the proposed law in Parliament.
But the process has been thrown into doubt after all the 210 MPs were cited as respondents in a Constitutional Court application seeking to interdict the constitutional amendment process.
The applications were filed by 210 applicants drawn from all the national assembly constituencies.
They are against clauses that extend the terms of office of the President and parliament from the current five years to seven years and also that which removes the right of the citizens to vote directly for the President.
Under the proposed CAB3 MPs, in a joint sitting of the national assembly and senate, will vote for the President.
The Constitutional Court applications were filed on Friday 29 May. The applicants are confident that their application enjoys strong prospects of success.
Legal experts say parliament should put its processes on hold until the Constitutional Court application has been adequately attended to.
“As a matter of law unless a court orders otherwise there is nothing barring Parliament from proceeding but however proceeding in the face of a constitutional challenge undermines public confidence and parliament should at the very least consider awaiting judicial clarification on the constitutionality of the process in light of section 328 of the constitution,” said one prominent legal practitioner based in Harare.
