1/ The principle & idea of the 2nd Amendment is brilliant. Its to democratize appointments of Youths MPs, Women MPs, Judges, VPs and Presidential successor.
The challenge is to make IDEA EXECUTION as principled & brilliant as the IDEA
2/ How does the 2nd Amendment democratize appointment of Youth MPs, Women MPs, Judges, VPs and State Presidential successor?
For the answer, follow this thread.
3/Having appointment of 10 Youths MPs is a good start to guarantee youth representation in Parly.Dare reparamende idare guru kwazvo rakakosha renyika.Inclusion of youths in such a key state institution is good. The 2nd Amendment provides a democratic good start of 10Youths MPs
4/ Extension of Women MPs quota(60 constitutionally guaranteed Women MP seats):
The 60 Women are selected based on electoral votes. That democratizes the process.
The Women Quota ensures that ZimWomen continue to participate in Parly itself a crucial &sacred Dare renyika.
5. How does the 2nd Amendment democratize appointment of Zimbabwe Judges?
(i) The appointment becomes a joint responsibility of the broad based Judicial Service Commission and the popularly elected incumbent State President. Parliament still retains oversight & scrutiny role
5(ii) Appointment of Judges becomes mo merit based than age based.Those above 70 yrs wld become eligible to compete for job of Judge. In that regard the 2nd Amendment pushes for more inclusion of citizens regardless of age in key state institutions. So long they are medically fit
6/ How does the 2nd Amendment democratize the appointment of VPs:
It provides for 1 or 2 VPs who are appointed by a popularly elected President who wld have been chosen by the majority of citizens.
By removing running mates clause it prevents risk of kubhiridha btwn Pres&VPs
7/ How does the 2nd Amendment democratize appointment of State presidential successor when vacancy arises?
It gives the party with majority support(based on most recent national election results) the power to appoint Presidential successor.
8/ By giving the popularly elected governing party the power to apppoint state presidential successor, the 2nd Amendment limits state president power in succession matter.
The process becomes a collective one rather than an individual one.
9/ Having ventilated why the principle & idea behind the 2nd Amendment is noble & brilliant, lets ventilate the execution of it. What brings in Referendum requirement is where the 2nd Amendment seeks to increase Retirement Age of Judges( by amending of Section 328(7).
10/ As per Section 328(9) any amendment of term limits prescribed by Section 328(7) requires a Referendum.
The only way to lawfully avoid a Referendum in this case wld be if the ConCourt determines Section 328(7) invalid on basis that it is discriminatory to incumbents
11/ Where the 2nd Amendment involves amendments wc require Referendum, its better to follow the Constitution & do the Referendum than to avoid Referendum via ConCourt ruling invalidating need for Referendum. Or to avoid Referendum by way of illegality. #Avoid Pyrrhic victory
12/ ZanuPF is a tried & tested revolutionary party which has hard fought & hard won bigger battles than a Referendum. Such bigger battles like the hard won armed liberation struggle for national independence & 3rd Chimurenga for Land.
13/ Given that ZanuPF has fought&won bigger batttles than a Referendum, where the 2nd Amendment may require Referendum then its prudent, law abiding&better to do Referendum.
In any case a Referendum is an opportunity to test the electoral waters..moreso in light of Covid 19!
14/ As a revolutionary Party which has won both armed war, land reclamation battle and multiple general elections, ZANU PF has capacity to remain in power even after losing a Referendum. Zanu PF lost the 2000 Referendum but went on to win Elections. Therefore where the Amendment
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There4, Where the 2nd Amendment may require a Referendum, its consistent with constitutionalism for our Zanu PF Gvnt to follow the Constitution&do Referendum. The tried & tested Party Machinery is there to mobilize for Yes Vote to prevail.
What a test run for 2023 it wld b!
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1/ The legitimate MDC Executive as per the just announced Supreme Court Order has Khupe as Acting President, Mwonzora as 2nd most senior as Secretary General,
Morgen Komichi (National chairman), Paurina Mpariwa (deputy secretary general),Theresa Makone (treasurer general) and
2/ Charlton Hwende (deputy treasurer general).
The other members are Abednico Bhebhe (organizing secretary), Thamsanqa Mahlangu (deputy organizing secretary), Obert Gutu (secretary for information and publicity), Thabitha Khumalo (deputy information and publicity secretary),
3/ Lynnette Karenyi Kore (Women’s Assembly chairperson) and Happymore Chidziva (Youth Assembly chairperson).
And those who LOST ELECTIONS AT THE 2014 MDC CONGRESS AND were therefore UNELECTED at the 2014 Congress but Appointed by MT in 2014 into the Executive are