Ziyambi says amendment will cure five afflictions, rejects claims of genocide as Senators pass Bill with 75 votes in favour

Harare – Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi on Wednesday defended the Constitution of Zimbabwe Amendment (No. 3) Bill before the Senate, describing it as a progressive piece of legislation that will cure five interconnected afflictions bedevilling the nation, as the Upper House passed the Bill with a resounding 75 votes in favour against four.

Closing debate on the Bill, Ziyambi hit back at critics who argued that constitutional amendments do not put food on the table or build roads, stating that the Constitution is not a “grocery list document” but an “enabler” that creates an environment for development.

“A Constitution is not a grocery list document,” Ziyambi said. “It is a document that is an enabler, allowing an environment where a baker can bake bread and bread is found in grocery shops; where the Government can plan properly and a road can be constructed, just as we did with the Harare to Beitbridge Road.”

The Minister, who had presented the Bill the previous day outlining five afflictions the amendment seeks to address, noted that some senators had missed the point by focusing on only one issue while ignoring the other four.

“I indicated that five afflictions bedevilled us and tried to unpack the mischief this Bill seeks to cure,” he said. “I will not repeat some of those.”

Ziyambi also rejected claims by opposition Senator Sengezo Tshabangu that Zimbabwe had experienced genocide during the Gukurahundi period of 1983 to 1987, calling the assertion “overexcitement” and insisting there was never a deliberate Government policy to eliminate any tribe.

“I want to correct the record. I do not believe there was genocide in Zimbabwe. In fact, there was no genocide. There was a conflict, but there was never a deliberate Government policy at any one time to eliminate one tribe against the other,” Ziyambi said.

“I come from an area where all tribes live; not a single tribe has been eliminated. So, I believe that when we try to express our feelings, we sometimes become animated and are misquoted.”

However, Ziyambi acknowledged that President Emmerson Mnangagwa is a “champion” of ensuring that the Gukurahundi issues are concluded conclusively, adding that the President has called on traditional leaders to take the lead in resolving the matter.

“The President is a champion of ensuring that the Gukurahundi issues are concluded and concluded conclusively. I believe that when he came in, he started engaging traditional leaders and he has even said at one forum where I was, that he wants the Chiefs to take charge and tell us how those issues are supposed to be resolved,” Ziyambi said.

He also agreed with Senator Tshabangu that the rejection of the 2000 Constitution draft – which contained progressive clauses including term limits and devolution – had cost Zimbabwe dearly.

“In 2000, a Constitution was made and it was rejected but it had very progressive clauses in it, and we had to wait until 2013 to come up with another Constitution. History will not treat us well if we do not pass this amendment because it has several progressive provisions in it,” Ziyambi said.

During the Committee Stage, Ziyambi moved several amendments, including a proposal to amend Clause 3 to ensure that the election of the President by Parliament is conducted by the Zimbabwe Electoral Commission in accordance with electoral law and Standing Orders. He also proposed a new clause expanding the functions of the Zimbabwe Human Rights Commission to include recommending measures for “national healing, reconciliation and nation building.”

Ziyambi rejected opposition amendments seeking to introduce proportional representation for the election of Members of Parliament, arguing that such a major change would require extensive consultations and could not be done at this juncture.

He also dismissed a proposal by Senator Mlotshwa to have the 10 Presidential appointees to the Senate allocated proportionally based on political party representation, insisting that the President must have discretion to appoint individuals based on skills and competence.

“The President is a product of the election year. Being a product, the President will then deal with the issues of the composition and the skills that he believes will best move the country forward. It is not about political party representation but what needs to be done by the President given the mandate that he has,” Ziyambi said.

The Bill passed its Third Reading with 75 votes in favour and four against, comfortably exceeding the two-thirds majority required by the Constitution.