Lawyer: CAB3 turns Constitution into elite advantage source
PROMINENT constitutional lawyer Advocate Thabani Mpofu has sharply criticised the Constitutional Amendment Bill No. 3 currently before Parliament, saying it inverts the relationship between citizens and the State. Writing on his X handle, Mpofu argued that the Constitution is “not a text held at the disposal of those who happen, for the time being, to occupy office.” Instead, he said, it is “the normative architecture of our democratic order” that defines what citizens are en
Prominent constitutional lawyer Advocate Thabani Mpofu has voiced strong opposition to the Constitutional Amendment Bill No. 3 (CAB3), currently under parliamentary review. Mpofu asserts that the bill fundamentally misrepresents the Constitution's purpose, suggesting it is being treated as a tool for those in temporary power rather than as the foundational structure of democracy. He argues that CAB3 displaces the authority of the governed and transforms the Constitution from a document ensuring public accountability into a resource benefiting officeholders. The proposed legislation has also faced criticism from opposition figures who contend it undermines voters' rights, specifically regarding presidential elections. Mpofu warns that the bill distorts the constitutional order, prioritizing the short-term interests of current rulers over the enduring framework designed to protect public expectations. He emphasizes that a constitution's role is to limit power, not to enable its accumulation.
The critique highlights concerns about the potential erosion of democratic principles and the balance of power between the state and its citizens.
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