Voters Rush to Constitutional Court to Block MPs From Benefiting From Controversial Constitutional Amendment Bill

HARARE — A wave of urgent Constitutional Court applications filed by voters across Zimbabwe is threatening to complicate Parliament's consideration of the controversial Constitutional Amendment (No. 3) Bill, which seeks to extend the terms of office of elected officials and introduce significant changes to the country's electoral system.

The proposed legislation, currently before Parliament, would extend the tenure of sitting Members of Parliament, local authority councillors, and President Emmerson Mnangagwa by two years, moving the next elections from 2028 to 2030. The Bill has triggered intense debate among legal experts, opposition parties, civil society organisations, and constitutional activists, many of whom argue that incumbents cannot lawfully benefit from changes to constitutional term limits without the approval of voters through a referendum.

Sources familiar with the matter say dozens of Members of Parliament were served with Constitutional Court applications on Tuesday following the first reading of the Bill by Justice Minister Ziyambi Ziyambi. Reports indicate that at least 67 applications have already been filed, although legal sources suggest similar actions could eventually target all 210 MPs in the National Assembly. The legal strategy appears designed to challenge individual legislators directly within their respective constituencies rather than mounting a single nationwide court challenge.

One of the most closely watched cases was filed by Nyanga North voter Tambara Casper against the constituency's MP, Chido Sanyatwe. Represented by Coghlan, Welsh & Guest Legal Practitioners, Casper is not seeking to stop Parliament from debating the Bill. Instead, he is asking the Constitutional Court to rule that even if the amendment is passed, incumbent MPs cannot legally benefit from any extension of parliamentary terms.

The application argues that Section 328(7) of Zimbabwe's Constitution prohibits constitutional amendments that extend term limits from benefiting current office holders. According to the court papers, the proposed amendment's attempt to override constitutional safeguards through a "notwithstanding Section 328(7)" provision amounts to what the applicant describes as an effort to bypass constitutional protections.

The court challenge also targets provisions that would fundamentally alter Zimbabwe's presidential election system. Under the proposed changes, the President would no longer be elected through direct popular vote. Instead, Members of Parliament would choose the Head of State through an electoral college-style system sitting jointly as Parliament.

Casper argues that the proposal infringes on citizens' political rights by removing their ability to directly elect the country's leader. Legal analysts note that the issue could become one of the most consequential constitutional questions considered by the courts in recent years, as it touches on both electoral rights and constitutional amendment procedures.

The Constitutional Court applications come as political tensions surrounding Constitutional Amendment No. 3 continue to intensify. Supporters of the Bill argue that the amendments are necessary for governance reforms and administrative efficiency. Critics, however, contend that the proposals could significantly alter Zimbabwe's democratic framework and should therefore be subjected to broader public approval.

Meanwhile, the ruling ZANU PF, which holds a commanding majority in Parliament, has reportedly convened a caucus meeting for its legislators ahead of the Bill's next stages. With Parliament set to continue debating the legislation and court challenges gathering momentum, the coming weeks are likely to determine whether Constitutional Amendment No. 3 proceeds through the legislative process or faces judicial intervention before a final vote can take place. The Constitutional Court has not yet indicated when it will hear the applications.

Constitutional Amendment No 3 Zimbabwe