By Advocate Thabani Mpofu (on X)
ZANU PF is not seeking to amend the constitution; it is attempting to introduce an entirely new constitution outside people participation and a referendum; a step it plainly has no right to take. The reasons are these:
1. A constitution is enacted by the people as a whole, not by a single political party or faction.
2. Parliament’s law‑making power is confined to legislating for the peace, order, and good governance of the country. Replacing the constitution exceeds that mandate and undermines this constitutional principle.
3. ZANU PF is governing on a contested mandate following the disputed 2023 elections. Even then, it failed to garner a two thirds majority. It therefore lacks the legitimate popular authority to impose a new constitution unilaterally. In fact, the minister under whose hand this affront is being engineered lost his party’s internal elections. He has no moral authority to talk about the will of the people, let alone constitutionally legislate in its purported defence.
4. Fundamental constitutional change requires broad, inclusive national consensus. Attempting to substitute a constitution through partisan processes would violate the principles of legitimacy and popular sovereignty.
5. ZANU PF is not even acting on the authority of its highest decision making body, the Congress. Conference is not Congress.