Attorney-General Virginia Mabiza has dismissed calls for a national referendum on Constitutional Amendment Bill No. 3 of 2026, saying the Constitution does not require one for the proposed changes.
In a statement issued ahead of next week’s parliamentary debate, Mabiza said Section 328(6) of the Constitution clearly specifies the limited circumstances under which a referendum must be conducted.
According to the Attorney-General’s Office, referendums are only mandatory for constitutional amendments affecting Chapter 4, which outlines the Declaration of Rights, Chapter 16 relating to Agricultural Land, or Section 328 itself.
Mabiza said the provision was deliberately crafted to ensure that only amendments touching on fundamental constitutional protections are subjected to direct public approval.
“I said it before and I want to insist that 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,” she said.
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“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 added that Constitutional Amendment Bill No. 3 of 2026 does not affect any of the protected provisions listed in Section 328(6), meaning a referendum is neither required nor constitutionally permissible.
“The Constitution (Amendment No. 3) Bill, 2026, touches none of the protected chapters or sections. Therefore, no referendum is triggered or permitted,” Mabiza said.
Her remarks come amid intensifying debate over the proposed amendment, with some legal analysts, including constitutional lawyer Lovemore Madhuku, arguing that the changes warrant direct public approval through a referendum.
Mabiza said Section 328 was designed to balance parliamentary authority with public participation by reserving referendums for amendments involving fundamental rights, land matters and the constitutional amendment clause itself.
Constitutional Amendment Bill No. 3 of 2026 is expected to be debated in Parliament next week, where legislators will determine whether it secures the required two-thirds majority in both the National Assembly and Senate before being transmitted to the President for assent.
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