Constitutional coup looms in Zimbabwe

A controversial proposal to amend Zimbabwe's Constitution and extend President Emmerson Mnangagwa's term of office by up to five years beyond the 2028 constitutional limit has sparked heated debate. The proposed amendment, spearheaded by Zanu PF MP Energy Mutodi and supported by opposition CCC legislator Charles Moyo, seeks to allow Mnangagwa to serve a third term under the guise of continuity in economic development and political harmony.

The draft motion urges Justice Minister Ziyambi Ziyambi to table a Constitutional Bill in Parliament, which would also extend the terms of MPs and local authority representatives. However, legal experts and scholars have criticized the move as unconstitutional and tantamount to a "coup against the Constitution."

Legal Experts Warn of Violations
Prominent constitutional law expert, Professor Lovemore Madhuku of the University of Zimbabwe, has condemned the proposal. "The Constitution provides a clear mechanism for amendments, including mandatory referenda," Madhuku said. "Parliament cannot lawfully amend the Constitution to remove term limits or postpone elections without going through this process. Such a move would be unconstitutional and unlawful."

Under Section 328 of the Constitution, any amendments to extend presidential or parliamentary terms require two referenda: one to remove term limits and another to address provisions barring incumbents from benefiting from such amendments. Legal experts argue that bypassing this process would set a dangerous precedent.

Political Tensions Within Zanu PF and CCC
Mnangagwa's supporters within Zanu PF have been lobbying for a third term, initially proposing a modest two-year extension but now advocating for up to five years. The ruling party's October 2023 conference in Bulawayo endorsed the idea in principle, though party legal affairs secretary Patrick Chinamasa described the process as an "impossible" mountain to climb.

Meanwhile, the opposition CCC is embroiled in its own internal conflicts. Self-imposed CCC secretary-general Sengezo Tshabangu has emerged as a key figure in aligning the opposition faction with Mnangagwa's agenda. Tshabangu and 32 CCC MPs and senators attended a recent gathering at Mnangagwa's Precabe Farm in Sherwood, Kwekwe, where they reportedly pledged support for the constitutional amendment.

This has further deepened divisions within the CCC, as 20 of the attendees were not elected in the 2023 polls but were appointed following controversial recalls engineered by Tshabangu. The CCC's original leader, Nelson Chamisa, has distanced himself from the party, citing infiltration and capture by state agents.

Regional Implications and Historical Context
Mnangagwa's rise to power in 2017 through a military coup and his subsequent consolidation of power have left unresolved tensions within Zanu PF, particularly between Mnangagwa and Vice President Constantino Chiwenga. These internal struggles mirror broader regional dynamics, where former liberation movements face declining support and opposition parties gain momentum.

Zanu PF's attempt to amend the Constitution also raises questions about the region's democratic trajectory. Neighboring countries, including Botswana and Mozambique, have experienced similar upheavals, with opposition gains unsettling ruling parties.

A Divided Parliament and the Path Forward
The proposed amendment has intensified scrutiny on Zimbabwe's legislature. A constitutional lawyer in the Attorney General's office expressed skepticism about the feasibility of the proposed changes. "Removing Section 328, which prevents incumbents from benefiting from constitutional amendments, would be equivalent to rewriting the Constitution entirely," the lawyer said.

Despite Mnangagwa's public claims of being a "constitutionalist," his allies' actions suggest otherwise, reinforcing perceptions of a power grab. The proposed amendment, if pursued, will likely face fierce resistance from legal experts, civil society, and opposition factions.

As Zimbabwe approaches a critical juncture, the debate over constitutional amendments underscores the fragile balance between maintaining democratic principles and the pursuit of political power.


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Motion on Presidential, Parliamentary and Local Government Term Limits
NOTING that Section 95(2)(b)of the Constitution of Zimbabwe provides for a term of the President to be five (5)years running alongside the life of Parliament;
NOTING that Section 91(2) of the Constitution of Zimbabwe sets only two (2) terms for the President to hold office in Zimbabwe;
NOTING that Section 143(1)and Section 277(1)(a) set a five-year term for the life of Parliament and Local Authority Representatives respectively which run concurrently with the term of the President;
FURTHER noting that Section328(7) of the Constitution creates a disability for elected officials of the government to benefit from term limit extensions;
AND further noting that Section 328(6)(a) and (8) of the Constitution of Zimbabwe require that a referendum beheld for Constitutional amendments affecting term limits and that separate referendums be held for amendments to Sections 328(6) and (7);
CONCERNED that the aforementioned constitutional provisions do not meet the current aspirations of the people of Zimbabwe who would like to see the current national development trajectory continue under the leadership of His Excellency President Emmerson Dambudzo Mnangagwa;
FURTHER concerned that the Zimbabwe political landscape has been plagued by toxicity and polarization, which call for a comprehensive electoral reform process, dialogue and consensus by all the people of Zimbabwe;
RECOGNIZING efforts made by President Emmerson Mnangagwa to engage with all political players through the Political Actors Dialogue (POLAD), Churches and other interested parties in charting a development-oriented, peaceful and prosperous nation of Zimbabwe in addition to His Excellency's inspirational philosophy “NYIKAINOVAKWANEVENE VAYO”;
CONSIDERING that political leaders from across the political divide represented in Parliament agree that now is the time to heal, unite and create a formidable foundation for our democracy.
NOW THEREFORE calls upon the Minister of Justice, Legal and Parliamentary Affairs to bring before this House for its approval, a Constitutional Amendment Bill that seeks to amend:
(a) Section 95(b) of the Constitution of Zimbabwe to allow the term of the President to be extended by any period not exceeding 5 years as shall be determined by Parliament.
(b)Section 91(2) of the Constitution of Zimbabwe to allow Parliament with an overwhelming majority to decide or determine an additional period of time the President may continue to hold office at the expiry of his or her second term.
(c)Section 143 (1) and 158(1)(a) of the Constitution of Zimbabwe to allow for the life of Parliament to be extended by such period Parliament may determine for the sake of economic development, peace building and there structuring of government including addition and abolition of government posts.
(d) Section 328 (7) to remove any disability to continue to hold office the Constitution has cast upon office bearers in elected positions when ever a term extension is introduced.
MOVEROFMOTION……………………………………HONDR.ENERGYMUTODI(MP)
SECONDEDBY……………………………………………….HONCHARLESMOYO(MP)