President Emmerson Mnangagwa’s term-extension dispute will now be heard by a full Constitutional Court bench after activists Mbuso Fuzwayo, Edley Mubaiwa and the pressure group Ibetshu Likazulu were granted leave to appeal on Monday.
The trio is challenging Zanu PF’s 2025 resolution seeking to extend Mnangagwa’s tenure to 2030. A three-judge panel made up of Justices Paddington Garwe, Bharat Patel and Ben Hlatswayo directed the applicants to file their heads of argument within five days, with the respondents expected to submit their notices of opposition within five days of receiving the papers.
In a separate but related matter involving Pardon Gambakwe and Moreprecision Muzadzi, the court reserved judgment. Gambakwe and Muzadzi want the court to compel Speaker of Parliament Jacob Mudenda to begin impeachment proceedings against Mnangagwa, accusing him of failing to deliver.
The cited respondents in the case are Mudenda, Justice Minister Ziyambi Ziyambi, Attorney General Virginia Mabhiza and President Emmerson Mnangagwa.
Representing Fuzwayo, lawyer Method Ndlovu argued that any attempt to amend the Constitution for a term extension would be unlawful. He said documents filed by Zanu PF “show its determination to amend the Constitution by October 2026 before the ruling party holds its annual general meeting.”
Ndlovu was being assisted by Nqobani Sithole, who said they are ?confident that they have a good case.?
Commenting during the hearing, the bench noted that no steps have been taken so far to implement the resolution and highlighted that constitutional amendments must follow lawful procedures, including a referendum.
Mudenda’s lawyer, Shingirirai Hoko, argued that Parliament has not yet begun any process linked to an amendment. “No notice has been given so far by the Parliament. There is no Bill before it to that effect so the matter is not yet ripe for adjudication,” he said. The court nonetheless ruled in favour of the applicants.
Muzadzi insisted that Zimbabwe is not a one-party state, saying: “Zimbabweans have a constitutional right to conduct elections and vote after every five years as provided for in the 2013 Constitution.”
The applicants maintained that power should not be abused and that the will of the electorate must come first.
The legal fight stems from Zanu PF’s announcement in October last year that it intended to initiate steps to extend Mnangagwa’s term by two years, potentially keeping him in office until 2030. The plan was endorsed at the party’s Mutare conference, where delegates instructed the government to commence drafting the necessary legislation, according to Justice Minister and Zanu PF Legal Secretary Ziyambi Ziyambi.
Mnangagwa is serving his second and final term, which concludes in 2028. While he has repeatedly claimed to be a “constitutionalist” with no desire to overstay, some allies have pushed for an extension since the disputed 2023 election, a move reportedly opposed by a Zanu PF faction aligned with Vice President Constantino Chiwenga.
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