HARARE – A war veteran has approached the High Court seeking to stop the final processing of Constitution of Zimbabwe Amendment Bill (No.3), arguing that luxury vehicles and cash allegedly given to two legislators tainted the parliamentary vote that approved the controversial Bill.
Reuben Zulu filed an urgent chamber application at the High Court in Harare seeking an interim interdict stopping the certification, authentication, transmittal, presentation for presidential assent or any further validation of the National Assembly’s vote on CAB3.
Zulu cited legislator Samantha Murenyanyi (also referred to as Samantha Mureyani) as the first respondent, Bindura South MP Remigious Matangira as the second respondent, the Clerk of Parliament as the third respondent, the Speaker of Parliament as the fourth respondent and Parliament of Zimbabwe as the fifth respondent.
In his founding affidavit, Zulu alleges that Murenyanyi and Matangira received Toyota Fortuner vehicles and US$50,000 each from businessman Wicknell Chivayo after publicly supporting CAB3, adding that Murenyanyi allegedly received an additional US$50,000 said to be for constituency projects.
“The Constitution cannot be amended by cash and keys,” Zulu said in court papers.
“A constitutional majority must be a constitutional majority. It cannot be composed of votes bought, rewarded, induced, conflicted or cast by Members who were under a duty to recuse themselves.”
The application relies on media reports alleging that Chivayo rewarded legislators for supporting the constitutional amendment. Zulu argues the reported gifts created conflicts of interest and rendered their participation in the legislative process unlawful.
He argues that unless the court intervenes, Parliament could certify a constitutional amendment using “impermissible votes” cast by MPs who allegedly benefited from rewards linked to the Bill.
“Once a contaminated vote is certified and carried forward into the final stages of a constitutional amendment process, the harm will already have occurred,” he states.
Zulu wants the court to temporarily stop Parliament from processing the Bill while the legality of the disputed votes is determined.
On the return day, he seeks an order invalidating the National Assembly vote to the extent that it included MPs who allegedly “received, accepted, were promised, or failed to disclose gifts, remuneration, rewards, payments, vehicles, constituency funds or other consideration connected to their support for CAB3.”
He also wants the court to order a fresh vote only after a privileges inquiry or audit into the alleged inducements and after affected MPs have fully disclosed the benefits and been cleared to participate.
“The purpose of interim relief is to prevent that very mischief,” Zulu argues.
“This case is therefore of profound public importance. It concerns whether the law will permit the parliamentary process to be turned into a reward scheme.”
Zulu says he previously wrote to Parliament together with other concerned citizens warning that the constitutional amendment process had allegedly been compromised by gifts, rewards and inducements.
According to the application, Parliament ignored the warning and allowed the legislative process to continue.
CAB3 has already passed both the National Assembly and Senate and is now in the final constitutional stages before possible presidential assent. Zulu argues that allowing the process to continue before the allegations are investigated would permanently taint any constitutional amendment passed through the disputed vote.
