Ziyambi gets final warning over 2030

Justice Minister Ziyambi Ziyambi has been given a final notice to stop initiating any legal processes aimed at extending President Emmerson Mnangagwa's term of office beyond 2028 or risk court action in his personal capacity.

The ultimatum was issued by former Silobela Member of Parliament Anadi Sululu, who is now leader of the e Movement. Sululu had initially given Ziyambi a seven-day deadline on January 7 to publicly distance himself from any attempts to amend the Constitution to extend Mnangagwa's term. The minister, who is also Zanu-PF's legal secretary, did not respond to that demand.

Mnangagwa's second and final term is constitutionally due to end in 2028. However, Zanu-PF adopted the so-called "2030 agenda" at its annual conference in October, a move that would require constitutional amendments to extend the President's tenure by two years. As the party's legal secretary, Ziyambi has been identified as the official expected to initiate the legal processes required for such changes.

Sululu confirmed that, following Ziyambi's silence, he issued a final notice dated January 16. The letter was emailed to the minister's office on Friday and is set to be hand-delivered on Monday. It was also copied to the permanent secretary in the Ministry of Justice, Legal and Parliamentary Affairs, Attorney-General Virginia Mabhiza and Speaker of Parliament Jacob Mudenda.

"The e Movement placed your office on notice regarding the unconstitutionality of any legislative attempt to extend presidential term limits beyond the current 2028 mandate," Sululu wrote. He said the seven working-day period for a written undertaking had expired without response.

"Your office has failed to provide the requested assurance that the ministry will respect the sanctity of the Constitution. Silence in the face of a constitutional threat is interpreted by our movement as a tacit intention to proceed with illegal legislative drafting," he said.

Sululu warned that if no formal written response is received by the close of business on January 23, the e Movement would instruct its lawyers to approach the Constitutional Court. He said the intended legal action would seek a prohibitory interdict to bar the gazetting of any Bill aimed at extending Mnangagwa's term, as well as a declaratory order affirming that Section 328(7) of the Constitution is unamendable in relation to benefiting an incumbent president.

The movement also plans to apply for personal costs de bonis propriis against the minister and other officials, arguing that any such actions would amount to wilful disregard of the supreme law.

"We will not permit the subversion of the rule of law through legislative squeezing of entrenched clauses," Sululu said. "The Constitution is not a document of convenience; it is a contract with the people."

Section 328(7) of the Constitution states that an amendment to a term-limit provision that extends the length of time a person may hold public office does not apply to anyone who already holds that office.

President Mnangagwa has previously said he is not interested in extending his term, describing himself as a constitutionalist. However, political analysts argue that the 2030 agenda is largely driven by succession battles within Zanu-PF and is intended to block Vice-President Constantino Chiwenga from succeeding Mnangagwa.