Nyambirai stirs succession troubled waters

Veteran lawyer and businessman Tawanda Nyambirai has stirred controversy by claiming there is a constitutional loophole that could allow President Emmerson Mnangagwa to extend his rule beyond the current term limits. His comments come amid a push by Zanu PF to extend Mnangagwa's tenure from 2028 to 2030 following the party's recent conference in Mutare.

Nyambirai's argument focuses on what he describes as a legal lacuna, or non liquet, in the Zimbabwean Constitution regarding the duration of a single presidential term. While the Constitution sets clear limits on the number of terms a president can serve, Nyambirai contends that sections 91, 95, and 328 do not explicitly prevent a sitting president from benefiting from an extended term if Parliament enacts such a provision.

"Sections 91, 95, and 328 of the Zimbabwe Constitution do not require a referendum to introduce a seven-year presidential term and do not prohibit a sitting president from benefiting from the seven-year term," Nyambirai wrote. He explained that Section 91 deals with the number of terms rather than their length, and Section 95 allows for a term to be defined elsewhere, creating what he sees as room for legislative adjustment.

Nyambirai argued that Parliament, with the necessary majority, could insert a new provision specifying a seven, eight, or ten-year presidential term without technically amending the five-year term outlined in Section 95, nor contravening Section 328. He stressed that he was not advocating for a constitutional amendment but highlighting a perceived gap that could be leveraged to extend Mnangagwa's tenure.

His position has drawn criticism from constitutional experts, including Welshman Ncube, Lovemore Madhuku, and Tendai Biti, who maintain that any attempt to bypass the referendum requirement would be unconstitutional. Nyambirai, however, echoed arguments previously made by Professor Jonathan Moyo, suggesting that the current constitutional text leaves room for interpretation.

The debate reflects broader trends in Africa, where incumbents in several countries have sought to subvert term limits to remain in power. Zanu PF officials have indicated that they are exploring ways to extend Mnangagwa's term without a referendum, framing it as a means of managing succession within the party.

The controversy has intensified public debate about the legality and democratic implications of extending the president's tenure and is likely to remain a flashpoint as Zimbabwe approaches its 2028 presidential transition.