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The senate today has voted 70 against 1, paving way for the third reading of the constitution amendment bill, which will make way for a constitutional amendment allowing Public officers over 70 years to continue serving.
The Chief Justice Malaba is supposed to retire in May, but he doesn’t want to go and through ZanuPf members of the senate is now pushing for constitution amended – Constitutional Amendment (No.2)
Law maker Tendai Biti has however weighed in and stated that the move is null and void and they will challenge it in court.
“A very sad day indeed . The Senate can’t pass a Bill passed in a previous Parliament.S147 of the Constitution is clear that when Parliament is dissolved any Bill or motion pending before same lapses We will be back in court again defending the constitution #DefendTheConstitution“
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The Senate was directed to conduct a vote in accordance with the procedure for amending the Constitution prescribed by section 328(5) of the Constitution within 90 days of 25th February 2021, failing which the declaration of invalidity of Constitutional Amendment Bill [sic] (No. 1) of 2017 in paragraph (1) shall become final.”
Last April, the Constitutional Court ruled that Constitutional Amendment No 1 of 2017, which sought to give President Emmerson Mnangagwa more powers in the appointment of the Chief Justice, his deputy and the Judge President in consultation with the Judicial Service Commission, was unconstitutional.
Zimbabwe made its first amendment to the constitution adopted by an overwhelming popular vote in 2013 through an Act published in an Extraordinary Government Gazette of 7 September 2017 to commence with immediate effect.
But MDC lawmaker Innocent Gonese and then MP for Harare West Jessie Majome filed a constitutional application seeking the nullification of the parliamentary proceedings that led to the passing of the Constitutional Amendment Bill (No. 1) into an Act.
They argued that when the process was done, the National Assembly and the Senate were not fully constituted.
Justice Paddington Garwe upheld Gonese and Majome’s application, setting aside the amendment on the grounds that a two-thirds majority or quorum was not fulfilled in Senate when the proceedings were conducted.
“It is decided that the passing of the Constitutional Amendment Bill No 1 of 2017 by the Senate on
August 1, 2017 was inconsistent with the provisions of s328(5) of the constitution, to the extent that the affirmative votes did not reach the minimum threshold of two-thirds of the membership of the House,” Justice Garwe ruled.
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