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Public Hearings on CAB3 were a sham

The only way to
salvage this process that is now thoroughly discredited is through a
referendum

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Opposition legislator Gladys Kudzaishe Hlatywayo has condemned Parliament’s handling of public hearings on the controversial Constitutional Amendment Bill No. 3 (CAB3), saying the consultation process failed to capture the views of all Zimbabweans.

Speaking during debate on the bill in the National Assembly on Tuesday, the Citizens Coalition for Change (CCC) Women’s Quota MP said the hearings were characterised by inadequate outreach, intimidation and violence.

“I also wish to register my disappointment in the manner in which CAB3 public hearings were conducted. The public hearings were grossly inadequate in number and in distribution. They were also marred by violence and intimidation,” Hlatywayo said.

“I personally attended the City Sports CAB3 public hearing and I am ashamed that as Parliament we failed to give the people a chance to freely express their views without fear or favour.”

Her remarks revive scrutiny of the consultation process that preceded debate on the constitutional amendment bill, one of the most contentious legislative proposals to come before Parliament in recent years.

Public hearings held at Harare’s City Sports Centre descended into chaos after rival groups clashed over the proceedings, forcing opposition leaders to flee the venue.

During the disturbances, human rights lawyer Doug Coltart was assaulted and had his mobile phone snatched in full view of attendees. Coltart later identified the alleged perpetrator as a Zanu PF Central Committee member known as Gapa.

Hlatywayo said Parliament’s failure to ensure accountability months after the incident reflected poorly on the institution.

“It should be embarrassing to this House, Madam Speaker, that no one was held responsible for these transgressions to this day, including the famous case of lawyer Doug Coltart whose phone was snatched by officials,” she said.

Her comments drew an intervention from Zanu PF legislator Tafanana Zhou, who argued that the matter fell under the jurisdiction of law enforcement authorities rather than Parliament.

Responding, Hlatywayo said the matter had already been reported to police but no action had been taken.

“Indeed the case was reported. It is before the police, but nothing has been done, as I indicated. Madam Speaker Ma’am, we must bow our heads in shame,” she said.

Despite Coltart positively identifying the suspect, no arrests have been made to date.

The criticism comes as Parliament’s Portfolio Committee on Justice, Legal and Parliamentary Affairs maintains that it received more than half a million submissions on CAB3 during the consultation process, with just over 2 000 reportedly opposing the bill.

Critics, however, have questioned both the methodology used to collect the submissions and whether dissenting views were adequately reflected in the committee’s final report.

Over 99% of the participants that said they wanted the bill and less than 1% were against the bill.

Hlatywayo urged Parliament and Government to conduct a referendum to asses sthe popularity of the Bill amongst Zimbabweans

“”The only way to salvage this process that is now thoroughly discredited is through a referendum,” she said.

Constitutional lawyers have argued that the only way to cure the mischief of extending the term of office of the executive is to go to a referendum.

In the current setup of parliament , when MPs vote, Zanu Pf will emerge victorious because they already have majority

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