HARARE - The Constitutional Court on Tuesday dismissed two applications seeking to block Constitutional Amendment Bill 3, one filed by war veterans and another by former opposition MP Prince Dubeko Sibanda.
Justice Bharat Patel ruled that the war veterans’ application, brought by constitutional lawyer Professor Lovemore Madhuku, did not meet the legal threshold for the court’s exclusive jurisdiction.
The application had asked the court to scrap CAB3, arguing the Bill was unconstitutional and altered core sections of the Constitution.
Justice Patel found the application failed to specify the presidential duties it cited with enough precision to trigger the Constitutional Court’s original jurisdiction.
He did not address the merits of the case.
In the second matter, the court rejected Sibanda’s challenge on the grounds that it was premature, ruling the issue was not yet ripe for determination.
Speaking after the judgments, Madhuku said the ruling means the war veterans’ case must first go to a lower court.
“What this means is that the application ought to be lodged in a lower court such as the High Court. The High Court can determine those issues and then it goes up to the Constitutional Court through the normal processes of appeals,” he said.
Madhuku said he has been instructed to file the matter in the High Court as indicated by the Constitutional Court.
CAB3 proposes extending the presidential term from five to seven years, among other amendments. Parliament is expected to continue debate on the Bill this week.