Harare, Zimbabwe (News of the South)-A grouping of local non-governmental organisations have attacked the mooted Constitutional Amendment Bill No. 1 of 2016 which seeks to grant the President powers to appoint, among others, the Chief Justice and his deputy.
According to the Civil Society Organisations (CSO’s) the move will leave the President with excessive powers thus defeating the gains the new Constitution has brought.
In a statement released on Wednesday the group expressed its serious reservations with the move which has already created political divisions.
“We the undersigned civil society organisations categorically express our opposition to the Constitutional Amendment Bill No. 1 of 2016 which seeks to change the appointment procedure of Chief Justice, deputy Chief Justice and the Judge President of the High Court”.
“The proposal to amend section 180 of the Zimbabwe Constitution of 2013 will bestow executive authority in the Presidency in the appointment of the Chief Justice, deputy Chief Justice and the Judge President of the High Court”.
“As CSOs we are of the view that this move seeks to introduce excessive executive powers to the presidency and defeats the gains secured through the enactment of the Constitution on the principle of separation of powers”.
“The shameless action signifies the rebirth of the legacy of the Lancaster House Constitution amended 20 times and once allowed will open a floodgate of many amendments to the Constitution by the Government of Zimbabwe”.
“We have evidence and reason to believe that the proposed Bill is one of the clauses that were rejected during the Constitution Making process (COPAC) in 2012 regarding to executive appointments”, they said.
The CSO’s stated that in the face of impending elections in 2018 the amendment strengthens the establishment of competitive authoritarianism and marks an end to the principle of separation of powers, as the judicial arm is becomes subjected to presidential control reminiscent of the Lancaster House Constitution.
“The Bill is meant to compromise the independence of the judiciary. The amendment also undermines all the current efforts to promote constitutionalism in Zimbabwe”.
“Two months shy to the 4th anniversary of the Supreme document, the same government which has been slow in aligning the laws is in a hurry to amend it”.
The amendment of the Bill has been interpreted in various ways with the CSO’s spying a conspiracy to advance the ZANU PF succession agenda.
This they said is contrary to sense as primary focus should be in addressing the social and economic challenges facing citizens as well as broadening the scope for democratic space for citizens as provided by the constitution and not essentially amending a constitution that has not been fully implemented.
The CSO’s called for the completion of the much-awaited realignment process including but not limited to bringing back the revised National Peace and Reconciliation Commission Bill (NPRC) without any further delays.
“We hold that the proposed amendment is unacceptable and a political sham aimed at overriding the popular, transparent and democratic process, which put in place the legal document in 2013”.
“It is our view that the articulated process, in the Constitution, of appointing of the Chief Justice allows a democratic process of selecting shortlisted competent candidates from the Judicial Service Commission (JSC) on merit whereas the proposed amendment give the President the power to solely select and appoint”, they said.
The current appointment process allows public to nominate candidates of their choice as well as publicly observe the interview process.
Therefore, to allow the direct appointment of three Judicial officers by one person (The President) who is not accountable to any institution is seen by some as a violation of the rule of law and direct attack on Constitutionalism.
According to the CSO’s the reasons being put forward to amend the Constitution being led by the Ministry of Justice and supported by the High Court challenge by a law student seeking to compel the government to amend Section 180 of the Constitution do not hold on the basis.
Comments
About Author
