HON. MARIDADI: Mr. Speaker, the reason we are here, if it is going to take us 24 hours to just debate a Short Title, so be it. This is the reason why we are here. Secondly, Hon. Ziyambi stands up to give his opinion, in what capacity? He is not the mover of the motion. He must keep his opinion to himself and he must not try to lecture us on how to debate in Parliament. He must sit down and keep quiet. If it is going to take us three weeks to debate this, let us debate it. It is a point of order that he is raising and he cannot pass it as fact and as final. It is not final. It is his opinion and he is entitled to it but he can keep it to himself. If he gives us that opinion, he cannot pass it as the final verdict to this debate. Thank you.
THE DEPUTY CHAIRPERSON: Order, you are doing the same as he is doing. Who has given you that authority? – [HON. MEMBERS: Inaudible interjections] – Order, order. You may continue Hon. Sibanda.
HON. P. D. SIBANDA: Thank you Hon. Chair. I was still on a point where I was saying this Short Title militates against the will of the people of Zimbabwe. The people of Zimbabwe indicated especially in Chapter One which is one of the most sacrosanct chapters in the Constitution that their desire is that observance of the Principle of Separation of Powers should exist in the country and in the manner that Government operates itself. In as far as this amendment or this Short Title is concerned, that it relates to affecting the Principles of Separation of Powers.
Hon. Chair, I believe that especially after the people of Zimbabwe showed their objection during the public hearings. Therefore, it is important that the Hon. Vice President should consider withdrawing this amendment. He has this Short Title, if it can pass to be an Amendment Act without a Short Title; I think it will be a very good amendment. I think I want to refer to what Hon. Mliswa indicated. He stated that the American President is allowed to appoint the Chief Justice, true but subject to certain conditions. That American appointment is subject to the approval of the representatives of the people. But this Short Title that we are seeing in this House has got nothing to do with the approval of the representatives of the people. It is about one organ which is the Executive, taking the whole responsibility of appointing the three key offices in the Judiciary.
Hon. Chair, it is my view that this is a direct attack on the Principle of Separation of Powers which is protected in terms of Section 3 of the Constitution. Therefore under the circumstances, I believe that we should not abuse Section 328 to say it allows certain sections to be amended without first going back to the people therefore we should attack their will. I believe that since this amendment touches on this key and fundamental aspect of our governance system that the people desire, we should subject it to some better kind of scrutiny than merely to use the so called majority numbers some have in the House because the problem Hon. Chair is that, we are simply dragging this amendment through the throat of Zimbabweans who have openly said that they are not willing to accept it. Thank you Hon. Chair for allowing me to debate.
THE HON VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. E. MNANGAGWA): Thank you Mr. Chairman. I wish to express my gratitude to the Hon. Members especially from the opposition; Hon. Gonese, Hon. Majome, Hon. Chamisa and indeed Hon. Sibanda…
HON. GONESE: Sorry, if you may listen to me. Mr. Chairman, you cannot say you are not listening to me. I think you should also accord me an opportunity. Can you allow me – I am the opposition’s Chief Whip in this august House. I will take my seat but I think that you should also afford me an opportunity to express. Mr. Maridadi stood up, I saw him, he stood up.
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