Published: 18 hours ago

Former opposition Member of Parliament for Mkoba South, Amos Chibaya, and former student leader Allan Chipoyi have withdrawn their urgent court application challenging Constitutional Amendment No. 3 Bill after the court ruled the matter required oral evidence.

The matter was before the Judge President of the High Court of Zimbabwe, Justice Mary Zimba-Dube, who found that the case involved too many disputed facts to be resolved on paper and would require witness testimony.

The applicants, represented by lawyer Obey Shava of the Zimbabwe Lawyers for Human Rights, had initially cited the Parliament of Zimbabwe, the Speaker of the National Assembly, the Minister of Justice, Legal and Parliamentary Affairs, and the Attorney-General as respondents.

Chibaya and Chipoyi have now opted to withdraw the case and refile a fresh application, this time intending to call 241 witnesses to support their claims.

They are seeking a declaratory order and an interdict, arguing that public consultations on the Bill were conducted in violation of constitutional rights, particularly freedom of expression under Section 61 of the Constitution.

The applicants allege that public hearings held between March 30 and April 4 were marred by violence, intimidation and exclusion of dissenting voices in cities including Harare, Bulawayo, Mutare, Masvingo and Gweru.

They claim participants opposing the Bill were assaulted and prevented from speaking, rendering the consultation process unconstitutional and invalid.

In some instances, Chibaya alleged he was physically prevented from addressing a meeting, including having a microphone taken away as he attempted to speak.

In supporting affidavits, lawyer Douglas Coltart detailed alleged incidents of violence and intimidation, including claims that he was assaulted and had his phone stolen during one of the hearings.

He said security personnel and parliamentary officials present did not intervene despite the disturbances.

Individuals named in the affidavit include alleged attackers linked to political party structures.

The Constitutional Amendment No. 3 Bill seeks to extend the presidential term from 2028 to 2030 without a referendum and introduces broader changes to Zimbabwe's electoral system, including proposals that would see MPs elect the president instead of direct public voting.

The applicants argue that the consultation process did not reflect the will of the public and was conducted in a manner that undermined democratic participation.

The matter is expected to return to court once the new application is filed.
- newsday