Law Society Warns CAB3 Violates Zimbabwe Constitution and International Law

The Law Society of Zimbabwe (LSZ) has warned Parliament that several key provisions contained in Constitutional Amendment (No. 3) Bill (CAB3) are unconstitutional and could violate both Zimbabwean and international law if passed without a national referendum. In formal submissions dated May 15, 2026, the LSZ said clauses seeking to extend presidential and parliamentary terms from five to seven years cannot legally apply to sitting officeholders without approval through a public vote.

The legal body specifically challenged clauses 4, 9 and 10 of CAB3, arguing they attempt to bypass Section 328(7) of Zimbabwe’s Constitution, which bars amendments extending term limits from benefiting incumbents already in office.

“If clauses 4, 9 and 10 of CAB3 are adopted without a referendum, their adoption will be inconsistent with the constitution and international law,” the LSZ said in its submission.

According to the Society, the bill’s drafters inserted a “notwithstanding” clause intended to override constitutional protections already contained in Section 328(7).

“The effect of this proposed amendment is to purport to circumvent, override or amend s 328(7) by the insertion of a ‘notwithstanding’ provision that negates the ordinary application of s 328(7),” the LSZ stated.

The organisation further argued that Section 328 itself can only be amended through a referendum under Section 328(9), meaning Parliament alone cannot lawfully approve the changes.

The LSZ also raised objections to proposals transferring voter registration powers from the Zimbabwe Electoral Commission (ZEC) to the Registrar-General’s Office. The Society warned that such changes would weaken electoral independence and increase executive influence over elections.

“The proposed amendments in CAB3 increase executive control over a process that has otherwise been designed with a deliberate degree of independence from executive influence,” the LSZ said.

The legal body argued that the move would conflict with constitutional guarantees for free and fair elections under Section 67 of the Constitution, as well as international obligations under the International Covenant on Civil and Political Rights (ICCPR).

The LSZ also criticised Clause 15 of CAB3, which would grant the President exclusive powers to appoint judges after merely consulting the Judicial Service Commission (JSC). Currently, the JSC conducts public interviews and nominates judicial candidates.

“The proposed amendment would structurally undermine the independence of judges,” the Society warned.

Concerns were also raised over proposals allowing the President to appoint an additional 10 senators, increasing the Senate from 80 to 90 members. According to the LSZ, this could distort proportional representation and weaken representative democracy.

“A presidential power to unilaterally appoint an additional 10 senators out of a total of 90 can materially distort the proportional outcomes achieved through the popular voting process,” the submission stated.

The LSZ further objected to proposed changes removing constitutional restrictions on traditional leaders participating in partisan politics.

“Key aspects of the role and responsibilities of traditional leaders… are fundamentally incompatible with their acting in a partisan manner,” it said.

The Society also opposed proposals giving the President broader powers to appoint the Prosecutor-General without binding recommendations from the JSC, warning the move could undermine prosecutorial independence.

The controversial Constitutional Amendment Bill No. 3 has sparked widespread debate among opposition parties, civic groups, churches, and constitutional experts. Critics argue the proposed amendments could centralise executive power, weaken democratic institutions and alter constitutional safeguards designed to prevent abuse of authority. Parliament is expected to debate the bill later this week before lawmakers vote on the proposed amendments.

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