
brian mari
29K posts







🔴Zimbabwe Constitutional Amendment Bill (No.3): Academic discourse; Professor Jonathan Moyo versus Dr Tinashe Hofisi.


“Does the Constitution actually require a referendum for the changes being proposed? A careful reading of the Constitution of Zimbabwe (2013) suggests the answer is no. Section 328 is not a vague guideline. It is the Constitution’s procedural backbone for amendments. It sets out a two-track system. First, there are standard amendments. These can be passed by Parliament, provided there is a two-thirds majority in both houses and a 90-day period of public notice. This is not a loophole or a shortcut. It is the default mechanism deliberately built into the Constitution”#CAB3 iol.co.za/sundayindepend…





@ProfJNMoyo 1/13 Once again, you argue Section 95(2)(b) is just a "term length" provision, not a term-limit provision under S. 328(1). Fair argument. But, once again let's read the full constitutional text together-strictly, honestly. The matter isn't as settled as you claim. Ready?



As part of his budget contribution Mr @hwendec pleaded for $150,000.00 loan and he may get his wish soon. A good number of MPs that got into parliament via the opposition ticket are ready to vote for CAB3 provided payments are done on or before the debate of the bill. Majority have held meetings with with Mr Ziyambi Ziyambi with proposals to only object to the Gender Commission clause. There is also a push for councillors to get a special grant or at least small vehicles. #OneManOneVote #Noto2030


Hi @GraceM1117 how are you. 1. Our biggest down fall as a nation is we have taken literacy to mean "educated". 2. I put for you the Press Statement of @zhrc365 on CAB3. 3. The first mistake @matinyarare made is to agree to the lie that was thrown at him that @zhrc365 gave a REPORT yet it is a PRESS STATEMENT. Is a report and press statement the same? Yes or No? 4. Of course the title says what the document is. Once you refer a document by some other title then your conclusion will be wrong and you may further mislead others. 5. A Chairperson of a Commission is an official spokesperson of the Commission and once she gives a Press Statement, it is valid. Chairperson does not need authority of quorum to give a press statement. Period. 6. Once you define the Press Statement by its name you will not look for quorum but authority of the person making statement to make the statement. 7. Someone then threw the word quorum and you also grabbed it and run around with it. Do you need quorum to give a Press Statement? Does a Chair Person need a quorum to give a statement? 8. It shows a lack of understanding of simple procedures of governance. A quorum is a minimum number required to hold a meeting and the outcome of a meeting are recorded on what is called "minutes" and within the minutes, collective decisions made in the meeting are called "resolutions". 9. If you take the press statement it first address its function as a constitutional body in paragraphs 1 and 2 then 10. In paragraph 3 the statement clearly states as follows, "In line with its monitoring mandate, the commission, from 30 March to 4 April 2026, deployed its teams to monitor the human rights situation during Parliament of Zimbabwe public hearing on Constitutional Amendment Bill No.3(hereafter CAB3). 11. That must tell you that the decision to monitor public hearing is not based on a resolution of a meeting but a constitutional mandate and that removes the issue of quorum because quorum brings meeting and meeting bring resolution, but mandate to monitor comes direct from constitution. How then can an action done to fulfil constitutional obligation be void because of quorum on composition of members of Commission? 12. One has to be guided by paragraph 6 of First Schedule to Zimbabwe Human Rights Commission Act and in particular sub paragraph 7. I put it here. 13. When it comes to authorised things or things the commission has to do, then majority of people present determine what to do. In this case the Press Statement quotes s243(1)(c) function and the Chairperson was part of the meeting, 14. In that regard, decision to send monitoring teams in line with s243(1)(c) of constitution did not require quorum rather it's a function of commission and authority to hold meeting come from chair person. That is all that is required to send monitoring teams. 15. Monitoring teams operate under Work groups as contemplated in paragraph 7 to First Schedule to ZHRC Act and in terms paragraph 7(2)(a) of First Schedule to ZHRC Act a single member of commission can be part of a work group assigned with work of monitoring CAB3 process and again decision of a work group are done in terms of paragraph 7(7) of First Schedule to ZHRC Act . 16. In that regard the findings of the monitoring of CAB3 are done by a Work Group on behalf of commission and findings communicated to the chairperson of Commission. 17. If in the findings of the exercise, there are reports from work group that show violation of human rights, then the Chairperson reports the official finding as a statement of @zhrc365 and that is final. Commissioners have no mandate to sit down and edit or alter the findings of work group unless one can prove it is a false fact. So please do not be misled by abuse of words. That press statement is binding to the letter.





@matinyarare The issue isn’t just “invalidating a report” it’s about whether it was lawfully produced in the first place. If the Commission lacked the required quorum, then questions of legitimacy and procedural compliance naturally arise.

@brianmari3 @JMavedzenge @ProfJNMoyo @ProfMadhuku @KMutisi Okay thank you So CAB #3 whats your take - I am told 20 May is a special day.



THE recent report on the Constitutional Amendment Number 3 Bill public hearings, tabled by the Zimbabwe Human Rights Commission is null and void as it was compiled by only a few members, falling short of the quorum as required by law. This comes as President Mnangagwa yesterday swore in six ZHRC commissioners at State House in Harare, namely Dr Dorothy Moyo, Mr Anele Ndebele, Ms Irene Sithole, Dr Tendai Charity Nhenga, Mr Dzikamai Madzimure and Mr Panganai Munkombwe. The report had been published by former ZHRC chairperson Ms Jessie Majome together with two other commissioners. Ms Majome has since been reassigned to the Public Service Commission. Before yesterday’s swearing-in ceremony, the Commission had only three members, including the chairperson. According to the Constitution of Zimbabwe, ZHRC consists of nine members, including a chairperson and eight other members. The First Schedule, paragraph 6(6) of the Zimbabwe Human Rights Commission Act says at least five commissioners are required to form a quorum for major decisions and for a report to be validly approved. “At any meeting of the Commission, five Commissioners shall form a quorum,” the Act reads in part. “The Commission will endeavour to make decisions by consensus among the commissioners present at a meeting of the Commission at which a quorum is present, failing which anything authorised or required to be done by the Commission shall be decided by a majority vote of the members at the meeting.” Last week, the Chief Secretary to the President and Cabinet, Dr Martin Rushwaya, announced the re-assignment from the ZHRC to the PSC. “In terms of Section 202(1)(b) of the Constitution of Zimbabwe, His Excellency the President, Cde Dr Emmerson Dambudzo Mnangagwa, has re-assigned Ms Fungayi Jessie Majome from the position of the Chairperson of the Zimbabwe Human Rights Commission to the position of Commissioner in the Public Service Commission. The re-assignment is with immediate effect,” Dr Rushwaya said. Subsequently, Attorney‑General Mrs Virginia Mabiza said the reassignment of Ms Majome to the PSC is constitutionally sound and should not be confused with removal from office. She also noted that this was not the first time Ms Majome had been reassigned, pointing out that she was previously transferred from the Zimbabwe Anti‑Corruption Commission (ZACC) to the ZHRC. @KMutisi @Bete263 @BaShonaBaShona @







‘Rights Commission’s report null, void’ heraldonline.co.zw/rights-commiss…





