Virginia Mabiza, Ziyambi Ziyambi Rule Out Referendum – Eduzim News

Tinashe Sambiri– Attorney-General Virginia Mabiza has drawn criticism after bluntly dismissing calls for a referendum on the proposed constitutional changes, with critics arguing her stance shuts down public participation on a matter of national importance.

In an interview with State media, Mabiza insisted that demands for a referendum are not based on law but are politically motivated — a claim that detractors say unfairly discredits legitimate concerns from citizens and civic groups.

“Section 328(6) is deliberate and precise in that it reserves the ultimate democratic veto — the national referendum — for only three narrowly defined categories of amendment: any Bill that touches Chapter 4 (the Declaration of Rights), Chapter 16 (Agricultural Land), or section 328 itself.

In every other case, once a Constitution Bill secures the required two-thirds majority in both Houses of Parliament, it must be forwarded to the President for assent,” she said.

While Mabiza framed this as a clear legal position, critics argue that relying strictly on parliamentary numbers risks sidelining broader public input, especially on constitutional matters that shape the country’s future.

Mabiza further defended the framework, claiming it was designed to protect key provisions, but observers say the argument conveniently avoids the growing demand for wider consultation.

“I should emphasise that the constitutional basis for proceeding without a referendum is neither an option nor a loophole — 328(6) is very clear on this aspect. Any insistence on a referendum, given the current scenario, is devoid of any meaningful legal basis and logic. It is an unconstitutional demand,” said Mabiza.

Her remarks have been seen by some as dismissive, with critics arguing that labelling opposing views as “unconstitutional” risks silencing debate rather than engaging with it.

The controversy comes amid mounting pressure from stakeholders who argue that Constitutional Amendment Bill No. 3 should be subjected to a referendum to ensure public legitimacy, rather than being pushed through Parliament.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also weighed in, echoing Mabiza’s stance and rejecting calls for a public vote — a position that has further fuelled accusations of government unwillingness to consult citizens.

“On the issue of a referendum, let me explain it by saying, in 2013, when we came up with a completely new Constitution, we put in safeguards on how the Constitution is supposed to be amended and within that Constitution, which we took to the people for a referendum, we were given three scenarios where we require a referendum.

“The people clearly indicated that don’t come to us if you are amending this Constitution, if you are not touching these three. What you simply need is a two-thirds majority. So this amendment does not touch chapter four, does not touch chapter 16, does not touch section 328,” Minister Ziyambi said.

However, critics argue that invoking the 2013 framework ignores the current political climate, where trust in institutions is fragile and demands for transparency and accountability are growing.

With both Mabiza and Ziyambi firmly ruling out a referendum, concerns are mounting that the government is prioritising procedural legality over democratic inclusivity, potentially deepening public mistrust around the constitutional reform process.

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