CLAIM: In fact the CCC 12 in Bulawayo is part of Mnangagwa’s plan – a long shot – to get two thirds of National Assembly seats and amend the constitution to scrap term limits. His internal Zanu PF rivals must share the CCC’s outrage.
SOURCE: Twitter
VERDICT: False
@Mathuthu tweeted that the barring of 17 candidates, including the 12 Citizens Coalition for Change is part of ‘Mnangagwa’s plan’ ‘to get two thirds of National Assembly seats and amend the constitution to scrap term limits’.
Explainer: While it is true that the Zimbabwe Constitution can be amended with a two thirds majority, this is not applicable to all sections.
Chapter 4 and Chapter 16 are the exceptions. Chapter 4 deals with the declaration of rights while 16 looks at agricultural land.
The Constitution in Section 328 (6) states that after a Constitutional Bill amending any of these provisions has been passed by the National Assembly and Senate, it must be submitted to a national referendum where it can only pass with a majority.
In terms of extending a term limit, even if it goes through, President Mnangagwa would not benefit from that extension.
According to Section 328 (7), ‘Notwithstanding any other provision of this section, an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment.’
Moreover, the Constitution makes it clear that an amendment to either Chapter 4 and 16 or the term limit can not be amended in the same Bill nor be put to the citizens in the same referendum.
Conclusion
The claim that In fact the CCC 12 in Bulawayo is part of Mnangagwa’s plan – a long shot – to get two thirds of National Assembly seats and amend the constitution to scrap term limits. His internal Zanu PF rivals must share the CCC’s outrage’, has been rated false. The term limit amendment will need a referendum over and above the two thirds majority and if approved, the incumbent, in this case President Mnangagwa, can not benefit from it.
