Tendai Biti challenges Mnangagwa's constitutional amendment

Tendai Biti challenges Mnangagwa's constitutional amendment
Published: 12 August 2017 (105 Views)
LAWYER and People's Democratic Party leader, Tendai Biti (pictured) is preparing a court challenge to stop the gazetting of Constitution Amendment Number 1 Bill, arguing that the proposed law was not passed by a two-thirds majority in both Houses of Parliament as required by the Constitution.

Constitutional Amendment Number 1 seeks to give the President unfettered powers in selecting and appointing three top judges — the Deputy Chief Justice, Chief Justice and Judge President.

The Bill was passed by the Senate last week and is now waiting for Presidential assent before it is gazetted to become law.

Biti yesterday confirmed preparing the court application that could be filed next week.

"I am working on the papers to challenge the amendment. The Bill was passed without the requisite numbers," he said.

The planned challenge comes barely a week after Veritas issued an opinion saying the Bill was open to challenge until the numbers could be verified, as there seemed to be discrepancies in meeting the two-thirds majority required in both Houses.

"The framing is similar, we are certain they did not have the numbers," Biti said.

Veritas, in their argument, said for the Bill to be passed by the Senate it needed 54 affirmative votes and not 53 who voted yes.

"The phrase is not used in section 328(5), which requires a Bill amending the Constitution to be passed by two-thirds of the membership of each House sitting separately," Veritas, a legal think-tank, said.

"Section 344(4) does not apply to constitutional Bills.

"Section 120 of the Constitution says the Senate consists of 80 members.

"Therefore, the Bill had to be passed by 54 Senators."

The lawyers grouping also questioned the numbers that passed the Bill in the National Assembly.

"Two Zanu-PF representatives, who were listed in votes and proceedings as having voted for the Bill, were, it is claimed, out of the country — in Uganda on parliamentary business," Veritas said.

"It is also claimed that an MDC member was incorrectly listed as voting for the Bill."

- newsday

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

First Lady should lead by example - Linda Masarira

by Stephen Jakes | 18 August 2017 | 409 Views

Njelele must be protected- Zanu PF youth member

by Stephen Jakes | 18 August 2017 | 186 Views

Gokwe, Gutu youth pledges to uphold peace ahead of the 2018 elections

by Stephen Jakes | 18 August 2017 | 152 Views

Harare mayor, MDC-T leadership clash

by Staff Reporter | 18 August 2017 | 229 Views

Cancer cases on the rise in Zimbabwe

by Staff Reporter | 18 August 2017 | 170 Views

Bosso, DeMbare pull out of tournament

by Staff Reporter | 18 August 2017 | 158 Views

Econet launches new credit scheme for civil servants

by Staff Reporter | 18 August 2017 | 113 Views

85% of Zimbabweans consult prophets, traditional healers

by Staff Reporter | 18 August 2017 | 118 Views

Grace Mugabe's sons were not using drugs - AfriForum

by Staff Reporter | 18 August 2017 | 329 Views

Teacher kidnapped, tied to tree, raped for 5 hrs

by Staff Reporter | 18 August 2017 | 164 Views

Pastor sprays anointed perfume into congregants' mouths

by Staff Reporter | 18 August 2017 | 146 Views

Man (26) thoroughly beats up his mother for not paying his rent

by Staff Reporter | 18 August 2017 | 157 Views

What I Learnt From My Most Outstanding Learner

by Mthokozisi Gwizi | 18 August 2017 | 104 Views

I will not vote for a Zezuru president in 2018 - Mliswa

by New Zimbabwe | 18 August 2017 | 130 Views

No immunity for #GraceMugabe, says Dirco

by Staff Reporter | 18 August 2017 | 201 Views

Zimbabwe invokes Grace Mugabe diplomatic immunity

by Staff reporter | 16 August 2017 | 542 Views

'Zimbabwe most hackable country'

by Staff reporter | 16 August 2017 | 298 Views

Grace Mugabe's victim won't drop charges

by Staff reporter | 16 August 2017 | 521 Views

'I'm not political,' says Mudhara achauya hit maker

by Staff reporter | 16 August 2017 | 377 Views

Woman surrenders goblins

by Staff reporter | 16 August 2017 | 443 Views

Kombi driver barred from driving

by Staff reporter | 16 August 2017 | 209 Views

Bus conductor bashes cop

by Staff reporter | 16 August 2017 | 205 Views

BREAKING: SA police confirms Grace Mugabe still in SA

by Staff reporter | 16 August 2017 | 257 Views

Mugabe calls for peace

by Staff reporter | 16 August 2017 | 193 Views

Grace Mugabe still in South Africa

by Staff reporter | 16 August 2017 | 165 Views

Grace Mugabe's alleged criminal conduct dents Zimbabwe's image

by Staff reporter | 16 August 2017 | 162 Views

SA police know where Grace Mugabe is

by Staff reporter | 16 August 2017 | 229 Views

Grace Mugabe latest - LIVE Updates

by Staff reporter | 16 August 2017 | 318 Views

Biti in Solidarity with Hakainde Hichilema in Lusaka

by PDP | 16 August 2017 | 171 Views

Grace Mugabe is similar to a fruitless figtree

by Sikhumbuzo Moyo | 16 August 2017 | 302 Views

Man strikes girlfriend with brick over sex

by Simbarashe Sithole | 16 August 2017 | 270 Views

Gold panning destroying river: RDC

by Staff Reporter | 16 August 2017 | 143 Views

Grace Mugabe should be in SA, says SA police commissioner

by Staff reporter | 16 August 2017 | 139 Views

Zimbabwe govt officials remain mum on Grace Mugabe's whereabouts

by Staff reporter | 16 August 2017 | 132 Views