Zanu-PF defends Mnangagwa term extension plan

The ZANU-PF on Wednesday advanced fresh legal arguments to justify a proposed constitutional amendment that could allow President Emmerson Mnangagwa to remain in office beyond 2028.

The arguments were presented at a party press conference in Harare, where Zanu-PF politburo member and lawyer Paul Mangwana offered a new interpretation of the Constitution, insisting that the proposed amendment would not require a national referendum.

Mangwana said the Constitution only mandates a referendum for amendments affecting specific protected provisions and argued that extending the presidential term within a limited margin would not fall under those requirements.

"The proposed amendment of the Constitution is in line with the Constitution itself," said Mangwana, who was part of the team that drafted the Constitution of Zimbabwe (2013).

"Whenever the people of Zimbabwe, through Parliament, deem it fit to amend the Constitution they can do so. There are only three provisions in this Constitution which require a referendum for an amendment."

He said these include provisions related to the Bill of Rights and land, adding that other sections of the Constitution can be amended through a two-thirds parliamentary majority.

"From my reading, the proposed amendments do not require a referendum," Mangwana said.

The ruling party's push to extend Mnangagwa's tenure has sparked strong resistance from opposition parties and civil society groups, who argue that altering the presidential term without public approval would undermine constitutional safeguards.

Different explanations have also emerged within Zanu-PF regarding how the amendment would avoid a referendum.

Justice minister and Zanu-PF secretary for legal affairs Ziyambi Ziyambi previously argued that a referendum would not be necessary because the proposal would not technically extend the presidential term but instead adjust the electoral cycle.

However, constitutional law expert Lovemore Madhuku has disputed that interpretation, arguing that any move to prolong a president's time in office would require approval through a referendum.

Madhuku's view reflects a broader position held by many legal scholars and constitutional experts in Zimbabwe who say extending the presidential term without a public vote would violate the spirit of the Constitution.