Guidance On Parliamentary Process of CAB 3

Added: 2026-05-27

[00:00:02]Mhm.

[00:00:18]Mhm.

[00:01:12]Right.

[00:01:16]From I don't know Okay.

[00:01:27]Saka what what he saying?

[00:01:36]The 90 days over and they are now putting together the submissions which were done by the people and they are all the submission that were done before were categorized and all that and now they are now working with the report that that came last.

[00:01:56]Once they are with that, they will then the it will come for the second reading.

[00:02:06]Then when when at the second reading then the Minister of Justice will be explaining uh what amendment are going to be taken place and all that. Then the parliamentary committees will go out and discuss these things.

[00:02:24]Which when they come back at the third reading then they will bring their submission from their committees.

[00:02:33]And they are each committee's recommendation and at that stage they will be looking at the bill clause by clause.

[00:02:42]And they will then be If there are any amendments to be made, the amendment will be be made at that point. If there are no amendments then it will then go it will be referred to the uh second house.

[00:03:00]Uh that's where he ended.

[00:03:03]I don't know if I can remember tomorrow in addition.

[00:03:07]Now I understand so So so faint but in the end >> [clears throat] >> You you can then maybe on your phone uh at your own pace that you can read it. We can listen to you.

[00:03:27]And uh Yeah. And what I might what I might also do is to is to put it through my my editing software boost the volume and then listen to you.

[00:03:43]All right. Okay.

[00:03:46]But in in in in in in in in in essence what they are saying is now it is now it is now the parliamentary processes.

[00:03:56]Which is how they are putting together a report around all the submissions And they and also they are also going to I think they have also some committees which will then deliberate.

[00:04:17]What he never mentioned was about the voting process.

[00:04:22]He never mentioned about the voting No.

[00:04:27]What it means is that you is just putting the normal process of parliament, how parliament operates.

[00:04:39]What it means is that the first reading was done.

[00:04:46]And now they are on the stage of the second reading which is now after compiling or after having received all the proposition from the general public and the institutions if ever any then they >> [clears throat] >> they will put them in one basket.

[00:05:14]Then the parliamentary committees will be formed.

[00:05:23]These are the committees that will go right round the country reading this and making people understand what is contained in the proposals that have been that would have been brought >> [clears throat] >> in this case it is not like a referendum where you say yes or no.

[00:05:49]But it will be explaining what the people sent. And the very same people that are perceived to have sent those recommendations or those thoughts are explained.

[00:06:09]After that, then they come back.

[00:06:12]Those committees that would have gone right round the country explaining, they will come now with the information that comes from the people.

[00:06:24]Uh, what are the feelings [clears throat] of the people?

[00:06:28]What do generally people expect from this?

[00:06:32]And they eventually endorsing it.

[00:06:38]Then it will come for the third reading, which is the final stage.

[00:06:44]Uh, when it goes to the He says [clears throat] it will go to the lower house or upper house.

[00:06:51]Uh, the upper house. Uh, the upper house.

[00:06:54]Yeah. So, then it goes to upper house, which is the Senate, for debate.

[00:07:00]Then they'll debate it.

[00:07:04]And like he says, now this time they will be going line by line, paragraph by paragraph, page by page, until they are satisfied.

[00:07:19]And they express their differences, their uh, agreements.

[00:07:27]Then they see which one is greater.

[00:07:30]Once that is done, and the majority of parliamentarians have adopted it, and the resolution has passed, then it is now effectively going for the last stage, which is the third reading.

[00:07:48]That's when now everything will be put in place and it becomes a law. By the way, the there is a a a a portfolio a legal portfolio portfolio committee in the house both houses who are now going to simplify, put it into a legal language, then it comes in if it passes, then it becomes a bill.

[00:08:21]And once the president signs it, then it becomes law.

[00:08:30]So, that's the stages he's explaining with you. That's where we are.

[00:08:39]Maybe the question that an ordinary Zimbabwean might have is how is the parliamentary process uh goes hand in hand with the legal challenges in the constitutional court.

[00:09:00]Yes.

[00:09:03]The that does not affect the constitutional court.

[00:09:09]Uh either the constitutional court or the presentation because there's no induction uh >> [screaming] >> that was applied for.

[00:09:22]Uh >> [clears throat] >> it was a a application that uh cited some respondent.

[00:09:32]And the parliament will play as if nothing is happening, nothing is is in the court because they've not been cited as part of the proceeding or the litigation.

[00:09:49]And [clears throat] they Yes, there is an application by where by a by Spandau.

[00:10:02]a who talking about the the same thing or stopping the parliament from proceeding with reading of these provisions that are being proposed to be amended.

[00:10:18]So >> [clears throat] >> if we a that application in the court indict the parliament not to proceed, they will not proceed. But unless there is that judgment, the application does not stop them from proceeding unless there is a an indictment by the court.

[00:10:53]Hello. For that judgment, I can I can hear you.

[00:10:58]Yes. So if So if there is a judgment in the high in the high court saying that the parliament that process needs to stop, then they will stop.

[00:11:11]Yes. Yes. Yes.

[00:11:15]Okay.

[00:11:16]If there was a application a or what you call the expert application >> [clears throat] >> to suspend the proceedings of parliament until the main application is heard.

[00:11:38]Then they will not have proceeded. But if there is no expert application against parliament, that is six to uh stop parliament from proceedings until the main application has been heard, they will continue as if there is nothing.

[00:12:00]But that does not mean the case will not be heard.

[00:12:05]The case will be heard uh after uh the proceedings in the court. If the applicant wins, then whatever would have discussed or any process that is on course is is declared null and void because the court has ruled that the process was the process was not proper or it is illegal and it cannot be uh a [clears throat] deciding factor. So, they will stop whatever the process, whatever the stage they will be, then it will be suspended.

[00:12:57]Okay.

[00:12:58]Um It could Yes, it could be uh seen and done uh that [clears throat] the the the process in parliament is illegal, so it should not proceed.

[00:13:16]Okay. Let me just >> What do you mean?

[00:13:21]reiterate Let me just To it for our our listeners, the parliamentary process will proceed as if nothing is is has been is before the courts and they will just go in their normal process of whether they are going to adopt or not adopt. It is going to be signed or not signed as if there's no challenge in the in the in the courts.

[00:13:50]Now, uh let's come to the constitutional court hearing that was uh done today, uh which is the main one uh being represented by the Professor Madhuku.

[00:14:08]Um from the social media that I have seen, uh it has not given any ruling. It is uh they I think it is a drawn to say they are going to uh look into evidence that has been presented. But, he has hinted that there is a possibility of uh maybe granting the citizens of Zimbabwe referendum or the case might be thrown out.

[00:14:38]Uh what what was your initial feeling or response to that outcome?

[00:14:49]No, the the the outcome is procedural.

[00:14:55]The outcome means nothing really. It not that the the matter has died or the matter is going to die. It does not suggest that.

[00:15:09]It simply says the judges have or the court has heard the submissions by both parties and therefore they are going to make some notes out of those submissions and come up with a decision.

[00:15:27]But again, that does not stop the parliament from proceeding because there is no indictment issued against the parliament.

[00:15:41]So, the the process of saying yes, you we are going to listen and the proposition by the judge or >> [clears throat] >> it's not even a proposition, it's a analysis by the judge that in any >> [clears throat] >> litigation, there are two sides.

[00:16:02]Those two sides, one of them can cancel the other side by giving a judgment that is against the other party.

[00:16:16]But the the process will continue as it is.

[00:16:21]So, in his ruling when the the judge says after having listened to both sides and come up with that, no, this matter has to go to Congress, then they'll make I mean, referendum. Then the court will make his pronouncement and say they we are our convinced that by these reasons, therefore, we are our [clears throat] judgment is that the matter should go to to I mean, referendum.

[00:17:04]Then the process that is being referred to by the speaker by the clerk of parliament ceases to operate immediately.

[00:17:17]And council is what ever stage they would have reached, it would be considered as if nothing has happened or anything has ever happened. So, it would be viewed just as nothing that has happened. It cannot influence anything.

[00:17:37]It's a direct It's a by the judgement of the court to say the matter be referred to the referendum.

[00:17:45]So, the parliament now would have to cancel everything they would have done.

[00:17:51]And they call now to put up committees that are going to conduct the referendum.

[00:17:59]And the referendum will be called and the date put in place and which will be gazetted by the minister. And they say on such a date there is a referendum.

[00:18:14]That's how the process works.

[00:18:21]Let's Let's come back. Let's Let's suppose we have been granted referendum.

[00:18:29]And we go to the referendum.

[00:18:32]And as we know the electoral electoral machine of ZANU-PF is well oiled. And in the referendum then it comes as a yes.

[00:18:43]We are adopting the uh COP 3. Do we still come the the the does the parliament then resumes from where it ended or it will start all over again?

[00:18:57]is uh is not easy to rig the referendum outcome.

[00:19:07]They can try that. The good thing about the referendum it does not call for political parties.

[00:19:17]It calls for citizens.

[00:19:21]And the outcome will be decided by what comes out of the people.

[00:19:29]Suppose the worst comes in that the people have said, "No, we need we vote yes, that is the president's term must be extended."

[00:19:44]Then from there the parliament again will now sit again and they converse over that outcome of the referendum.

[00:19:58]And in those therefore there is no need for all these processes that they are going through. They will simply say, "The people have spoken by majority, uh the extension goes ahead."

[00:20:14]And then in that bill then they will now put some guidelines. What does it mean?

[00:20:26]And what will be the impact in future?

[00:20:30]What are the mitigation factors that are going to prevent from something that should not happen or prevent something of like to happen in the near future. The that will definitely be the technocrats now putting it into proper perspective on how they are going to move forward with that. If the president has now I mean if the term of the president has been now allowed to be amended or it will be amended if there's not mean that they'll go and reopen the case at parliament. Because the arbiter will be the masses through referendum. Once that is done, there is no need for a parliament again to come and sit and deliberate over the same thing as they are doing now.

[00:21:31]It will automatically endorse the 2030 of the extension of the president to whatever period.

[00:21:40]>> [clears throat] >> That's all. Because going to the people, you are simply going there to seek the mandate that we want to extend the term of office of the president.

[00:21:54]Do you agree or not? This is why there's always one question, one answer. Yes or no. So, you are asked the question, either you are for or you are against.

[00:22:08]So, that's the procedure. This is the process that we are seeing happening in parliament and all the other Sorry. Sorry. Sorry. Sorry, I think he I had muted you and and uh accidentally Okay.

[00:22:32]Now, the the other question in this referendum is a yes or no question.

[00:22:42]And now chapter three, article 21 provision.

[00:22:50]How do people then decide whether they are They are maybe they might be agreeing with the the with the the powers of the military being taken away, but they want the president to be there.

[00:23:15]>> The referendum is not called for all the 21 amendment.

[00:23:23]The referendum is called because there is a provision or there is an inclusion of the extension of the president. That's the only thing that you need among the 21 propositions or proposals to amend the constitution.

[00:23:46]There's only one out of those that demands a referendum.

[00:23:51]The rest can be done without a referendum. But if the referendum says yes, then it has covered but all of them.

[00:24:02]There will be no second litigation to say no, we can agree with the 2030 agenda, but we do not agree with this one.

[00:24:18]Because the only thing that if is constitutionally required to look like is the the extension of the president. And that's what is called that's what calls for to reach it to a certain that it level of discussion or act, it has to be subjected to a referendum. So, that's the only matter that is being taken to referendum. The rest are sidelines. They would just follow.

[00:24:57]For instance, you remove the the extension of the term the extension of the president's term, then there is no need to go in for referendum. You can remove that one. Those others now can go to a parliamentary court because they don't require a referendum for them to be amended.

[00:25:22]Okay.

[00:25:23]Um thank you Thank you very much for the clarification.

[00:25:28]Then the next question is if if if we go to the referendum and the and no prevails, what does that mean? Does that mean everything ceases?

[00:25:45]Yes, once the people say no, and the the majority is recorded to have said no, that means the election cycle remains at 5 years a 5-year term. The president will not be able now to surpass 2008.

[00:26:09]The president will have have to find his successor who is going to contest the uh the election scheduled for 2028.

[00:26:24]So, there will be no proceedings, no any other argument. It has been rejected rejected. That's it. So, we we go where we were today.

[00:26:38]So, it will be a question of as we as we were.

[00:26:44]So, the councils, the MPs, and presidential term remains the same.

[00:26:55]There will be no any further litigation.

[00:27:01]Yeah. Think think about >> Referendum is not appeal and it cannot be litigated.

[00:27:13]Okay, now it comes to our next question.

[00:27:19]The queen name now and whatever the parliamentary process and the legal process, what will be the role of the citizen?

[00:27:30]Because the citizens uh are saying they are saying no to the parliament.

[00:27:35]So, what what can what will they what will they be doing now?

[00:27:40]No, this the citizens' position now is that in no no to amended to amend the amend of the constitution. They are saying no to it in its entirety. They are not choosing one or two other things. No to uh the term extension for the president.

[00:28:04]So, if they win and they say no, the majority say no and they are declared the winners therefore, everything else stops to function except that we we simply remain with our 2013 constitution which demands that a president shall serve a 10-year term 5-year term of two of 10 years.

[00:28:37]So, which are two terms because each term is given five years, the second one five years, then thereafter nothing. So, we are back at 2013 and we use that constitution which governs even the local government and the central government.

[00:29:00]How [clears throat] they should do the or what is their length of time in parliament. So, there will be no extension of anything or it will simply go back to 2013.

[00:29:15]That's all.

[00:29:21]Thank you. I think we have a excellent You cannot appeal against the referendum.

[00:29:29]That's the weight of referendum.

[00:29:31]There is no court that can reverse any decision of the Congress.

[00:29:40]But here again, on the same note, maybe is also So, let me explain this again.

[00:29:49]In the event that the people of Zimbabwe, how does this see how can the Congress be declared null and void?

[00:30:02]There are two things.

[00:30:06]If the Congress is conducted under a violent manner, so its decision cannot be taken for yes.

[00:30:20]The other aspect is Zimbabwe has For instance, if the what the statistics are correct, 16.something million of Zimbabweans who are who holds the the national identification card and they are above 18.

[00:30:48]So, and those who attend uh the these consultations or the process of yes or no, uh only 1 million uh or 500,000 uh cast their vote and the rest uh don't participate, then it will be that reason or that uh or that resolution by the citizens will be considered null and void because it falls far far below the the population of Zimbabwe.

[00:31:39]You cannot say 500,000 people have taken a decision for six for 16 million people.

[00:31:49]But the if the the majority goes up to half or plus one of the total population, uh >> [clears throat] >> then you uh the bill passes or fails based on the percentage of the people who participated. If they achieve 50 plus one, Or 50 plus one. Or that that will cater for the situation where maybe the ruling party will make the the process so violent only that they are only their members will participate in the referendum and by that their membership will never be uh 50 plus one of the general population.

[00:32:43]Is that what you mean?

[00:32:45]Yes, that's exactly what I mean.

[00:32:49]So, if the referendum, the process of referendum is declared invalid, therefore the decision coming out of that violent situation is can be considered to be null and void.

[00:33:06]It cannot be tested in the court of law or in the public court.

[00:33:15]It's null and void. So, it will go back and they say there was no referendum in Zimbabwe. So, there is no referendum in Zimbabwe. So, what remains is that the uh the scheduled elections will have to take place in 2028.

[00:33:38]Okay. That's okay. Um so, I think for today, what we don't want to overload our listeners.

[00:33:50]Um so, I just want to give you an opportunity to give them your your final thoughts and maybe any call for action.

[00:34:00]Yeah, well, you know, my my my call for action uh when we say yes, it's always been that uh Zimbabwean people must identify who the problem is in Zimbabwe.

[00:34:18]That's very important.

[00:34:21]We are sitting here chasing the bill three which is not the product of the people.

[00:34:31]It's a product of very few people in ZANU-PF.

[00:34:36]>> [clears throat and cough] >> And they would do not represent the 2/3 majority of Zimbabwe.

[00:34:47]And what the citizens must do is to demand that there be election in 2028 in their numbers.

[00:35:04]And let the bill succeed or or or not because when the majority of the people during the referendum say no, they must now be able to say, "Our problem is ZANU-PF."

[00:35:23]So, for us to hold the better elections in 2028, ZANU-PF must go.

[00:35:33]So, that beyond 2028, we have a completely new brand, with a completely new uh political direction.

[00:35:48]So, this we are not going to look at anything else except to say we are a new government with easy the policies and principles and we we share we has been accepted by the people.

[00:36:07]Then they will formulate their laws.

[00:36:11]I know the first thing that they will be telling people is the rule of law.

[00:36:17]And the refusal of arbitrary amendment of the constitution. So, I'm saying to the people of Zimbabwe, go back now.

[00:36:29]You have seen what is happening. You are all waiting for the court results.

[00:36:38]If you go for a referendum, go and vote no.

[00:36:43]And after that, you know who you're fighting. You're fighting ZANU-PF.

[00:36:49]ZANU-PF is the one that brings all this confusion. So, call for elections.

[00:36:58]Raise your voice in your numbers.

[00:37:03]Demand that the 2013 constitution instruct that every year or every 5 years, there shall be elections in Zimbabwe, which we call harmonized elections, which includes the council, the legislature, and the presidency.

[00:37:28]These are elected at every turn of 5 year. They must be elected. So, that's what we are demanding. But first of all, more importantly, is to identify who is your problem.

[00:37:46]Otherwise, simply saying no Mnangagwa is the corrupt, Mnangagwa has destroyed the country is not the answer to our problem.

[00:37:59]Uh because Mnangagwa has been given uh uh authority or by the enablers of corruption to put him into a position of leadership so that he he responds or he fulfills the ethos and ideas and the objectives of ZANU-PF, which he cannot stop alone.

[00:38:32]So, let us be very we let us understand this very clear that our enemy is ZANU-PF.

[00:38:44]Mnangagwa is simple a servant of ZANU-PF and a key holder.

[00:38:55]He cannot on his own stop corruption. It has to be from ZANU-PF.

[00:39:02]Now, the system that created ZANU-PF, the system that created Mnangagwa, is the system that we need to do away with.

[00:39:17]So, let let us be ready to go and express our no.

[00:39:23]And in the absence of that, let's prepare to call for let for election in 2028. These two should not be ignored.

[00:39:33]They They are what you are today because of these two the scenarios.

[00:39:42]Do we need election now?

[00:39:44]Do we need a referendum? Why do we want a referendum? If the answer we don't need a referendum, so let's go for election in 2028. That's all that I can tell the people of Zimbabwe while they're sitting here to say let us not fall into other people's den or in the other people's traps.

[00:40:10]They will mislead us. All you need to know is that you have voiced yourselves that you don't want the extension of the president president's term is term in office and all other things that support that you have said no to it.

[00:40:31]And once you have said no to it we had actually produced this thing who is behind all these actions then the answer is it is a Zanu-PF not Mnangagwa but as an individual Mnangagwa is just a human being just like me like you and me therefore he is a leader of an institution that has enabled him to squander and misuse power and misuse the military misuse all other government institutions or all institutions of government so it is Zanu-PF that has provided that ground created the environment environment that feeds that will cause Mnangagwa and others are able to survive within Zanu-PF so 2028 let's go and remove Zanu-PF resoundingly we vote resoundingly we register to vote resoundingly we participate no party let's go for 2028 elections.

[00:41:49]Good night.

[00:41:52]Uh Thank you very much uh Comrade Wiwa and uh You you have all listened to our conversation it was all around the cup cup three the parliamentary process and the legal challenge and the encouragement of what is the role of the citizens now.

[00:42:17]And as comrade Whitehead said, our role is to show that it is only we don't want cup three.

[00:42:26]And we are if we bring the referendum our way, we resoundly vote no and demand elections for 2028 and give ZANU-PF a red card.

[00:42:40]So, this is the first of many pro programs on Dare re Ramija.

[00:42:48]I think the other all the other next ones we might be talking in our vernacular language. We'll be revisiting the reason why you were we went to war, who participated, who are the actual heroes of our liberation struggle. Is it only the war veterans?

[00:43:06]Maybe not. They were also the collaborators or they were also the masses. So, stay tuned on this on Champion Network TV and NDWG Global TV or Bira TV so that you can hear all this conversation on the program Dare re Ramija.

[00:43:25]Stay tuned and give your comments. If there are any other topics that you want us to cover, just put it in the comments uh comment box and we will discuss it and we'll be bringing more more of these seasoned uh people of Zimbabwe like comrade Whitehead and any other uh seasoned people of our of our nation.

[00:43:49]So, stay tuned for now, we say good night or good day wherever you are.

[00:43:57]Thank you.