Zimbabwe opposition accuses the ruling party of attempting to overthrow the judiciary after lawmakers ratified constitutional changes allowing the president to handpick top judges late Tuesday. The reforms, which must be signed into law by President Emmerson Mnangagwa, empower him to appoint judges to the Constitutional, Supreme, and High Courts without lawmakers’ consent.
For years, long-time ruler Robert Mugabe wielded similar powers until they were revoked in the 2013 constitution. Human Rights Watch’s southern Africa director, Dewa Mavhinga, urged Zimbabwean rights groups to oppose the law in court or hold demonstrations.
“It is a law that should not be allowed to see the light of day because it undermines the rule of law in Zimbabwe. (It) is an authoritarian law that undermines the principle of separation of powers because it puts excessive powers in the office of the president and strips and weakens the judiciary in the sense that it gives the president power to appoint senior judges without going to public interviews,” Mavhinga said.
The changes would also empower a sitting president to increase the chief justice’s retirement age by five years. Luke Malaba, Zimbabwe’s current Chief Justice, turned 70 this month and was set to retire. The reform bill further increases the limit of 60 women in the 350-person parliament by ten years. The quota was expected to expire at the close of the new term in 2023.
Another move would be to grant the president the authority to nominate his two vice presidents rather than electing them. Justice Minister Ziyambi Ziyambi, a member of the governing ZANU-PF party, told reporters he was pleased with the constitutional reforms.
“What happened is very historic. What this means is we are now going to remove the contentious running mate clause that was badly drafted. So, it’s a very joyous occasion; it allows the government and even political parties to start planning for the 2023 elections knowing fully well that the women’s quota is there. Our empowerment agenda is on course,” Ziyambi said.
The opposition leader, Douglas Mwonzora, was a key drafter of the 2013 constitution. However, several supporters of his Movement for Democratic Change party voted in favor of the approved changes on Tuesday.
“The majority of the women in the Senate did vote for the bill. Obviously, it is clear that they were voting for the women’s quota and the youths’ quota. It is not a typical bill in which a leader or leaders of a party would whip people. Because that basically means whipping people against their gender. But we remain fortified that the running mate clause must be reinstated. We also think that the clause relating to the judges has to be dealt with,” Mwonzora said.
Critics claim Mnangagwa used lockdown laws, which prohibit marches, to enforce constitutional changes, which have been criticized on social media by the largest opposition group, the Movement for Democratic Change Alliance, and its leader, Nelson Chamisa.
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