ZCC Urges Referendum on Constitution Amendment Act No. 3

By Southerton Business Times Reporter | Harare

The Zimbabwe Council of Churches (ZCC) has called on the Government to subject the Constitution of Zimbabwe (Amendment) Act (No. 3), 2026 (CAA3) to a national referendum, arguing that the new law has intensified political divisions instead of resolving longstanding constitutional disputes. In a pastoral letter dated 27 July 2026, the ZCC said it was speaking after "prayerful reflection on the state of the nation" and in fulfilment of its pastoral and prophetic responsibility, stressing that its intervention was motivated by concern for Zimbabwe rather than partisan politics.

The statement follows President Emmerson Mnangagwa's signing of CAA3 into law on 7 July 2026, despite sustained objections from churches, legal experts and civil society organisations during the legislative process.

ZCC says CAA3 has deepened national divisions

According to the Council, the enactment of CAA3 has failed to settle the constitutional debate surrounding the amendments.

"We observe that the signing of CAA3 into law on 7 July 2026 has not brought the contestation of the same into finality. Instead, CAA3 has deepened national polarisation and generated serious constitutional, political and moral contestation," the ZCC said.

The Council noted that several legal challenges have already been filed in the courts questioning the constitutionality of the amendment process, while other citizens have announced plans to exercise their constitutional right to peaceful protest.

The church body argued that constitutional reforms affecting presidential and parliamentary terms, presidential succession and safeguards on presidential term limits should have been subjected to a national referendum under Section 328 of the Constitution of Zimbabwe.

Referendum would restore public confidence

The ZCC maintained that constitutional questions should never become political contests between opposing camps.

"The National Constitution is a sacred covenant. All issues of contestation concern the social covenant by which all Zimbabweans agree to live together. When the Constitution becomes a source of deep division, every responsible leader must seek a path that restores public trust, protects peace and honours the sovereignty of the people."

The Council reiterated its long-held position that Parliament should have established an independent constitutional review commission to conduct broad public consultations before advancing amendments that directly affect holders of public office.

It argued that the institutions responsible for advancing the Bill were also among its direct beneficiaries, creating what it described as a conflict of interest.

"A referendum would not be an act of weakness; it would be an expression of confidence in the people, a safeguard of legitimacy and a means of reducing the division now threatening our common life," the pastoral letter said.

Call for judicial independence and peaceful protests

The ZCC acknowledged that multiple court applications challenging both the legislative process behind Constitution Amendment Bill No. 3 (CAB3) and the subsequent enactment of CAA3 are now before Zimbabwe's courts. It urged all parties to respect judicial independence and called on the judiciary to determine the cases impartially and without interference. The Council also appealed for the protection of constitutional rights, including freedom of assembly, association and expression under Sections 58 to 61 of the Constitution.

While encouraging citizens intending to protest against CAA3 to do so peacefully and lawfully, it warned that demonstrations should not degenerate into violence, destruction of property, intimidation or hate speech. At the same time, it urged Government, the Zimbabwe Republic Police and other security agencies to facilitate peaceful demonstrations using lawful, proportionate and restrained policing.

Experts say inclusive constitutional reform builds legitimacy

Constitutional governance experts have consistently argued that broad-based public participation strengthens democratic legitimacy and public confidence in constitutional reform. The International IDEA notes that meaningful citizen participation is widely regarded as a cornerstone of successful constitutional change, particularly where reforms affect the distribution of political power.

Political analysts have also observed that constitutional disputes are more likely to achieve lasting resolution when citizens believe reform processes are transparent, inclusive and enjoy broad public consent. Concluding its pastoral letter, the ZCC rejected attempts to portray constitutional advocacy as hostility towards the State or as advancing foreign interests.

Instead, it called on Government, churches, political parties, civil society, traditional leaders, business, women and young people to engage in an honest national dialogue aimed at promoting unity, constitutionalism, peace and sustainable national development.

ZCC Constitution Amendment Act No. 3