Bill removes JSC from Prosecutor General appointment

Government has gazetted Constitutional Amendment Bill (Number 3) of 2026 proposing to remove the Judicial Service Commission of Zimbabwe (JSC) from the process of appointing the Prosecutor-General, arguing the current system creates a potential conflict of interest.

Under the existing Constitution, the President appoints the Prosecutor-General on the advice of the JSC. However, authorities say this arrangement creates an institutional anomaly, as prosecutors frequently appear before judges whose appointments and oversight are managed by the same commission involved in recommending the head of the National Prosecuting Authority of Zimbabwe (NPAZ).

Clause 20 of the Bill amends Section 259 of the Constitution by removing the requirement for the President to act on the advice of the JSC when appointing the Prosecutor-General.

"This clause removes the requirement for the President to appoint the Prosecutor-General on the advice of the Judicial Service Commission, as such an arrangement creates a potential conflict of interest where the Commission recommends a candidate for appointment," reads the explanatory memorandum accompanying the Bill.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the reform is intended to clarify institutional boundaries and strengthen the independence of the prosecutorial authority.

"The Prosecutor-General is not part of the JSC and in fact, he appears before the Judiciary, and these were the ones that were motivating the appointment and disappointment of the PG. That is what we are cleaning up," said Minister Ziyambi.

The proposed amendment also seeks to align constitutional provisions with the National Prosecuting Authority Act of 2020, which established the NPA as an independent institution separate from the Judiciary.

Clause 14 of the Bill proposes expanding the jurisdiction of the Constitutional Court of Zimbabwe.

Currently, the apex court is limited to hearing constitutional matters. The amendment would allow it to hear appeals on any matter raising an arguable point of law of general public importance, provided the court grants leave to appeal.

"The Constitutional Court may decide any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by the court," the clause states.

Authorities say the change would broaden access to the apex court and enable it to provide authoritative guidance on complex legal questions affecting the public.

Clause 18 proposes repealing Part 4 of Chapter 12 of the Constitution, which establishes the Zimbabwe Gender Commission (ZGC). Its functions would be transferred to the Zimbabwe Human Rights Commission (ZHRC).

Government says the move is designed to streamline mandates and reduce duplication, as both commissions currently address overlapping human rights issues.

The Bill also introduces a parliamentary process for the election of the President and proposes extending the presidential term from five years to seven years as part of broader governance reforms.

The gazetting of Constitutional Amendment Bill No. 3 of 2026 has triggered a 90-day public consultation period ahead of parliamentary debate and possible enactment.