Former MP challenges Parliament

Former policeman, opposition Prince Dubeko Sibanda - Binga North MP and lawyer - has filed a Constitutional Court of Zimbabwe application challenging Parliament over the Constitutional Amendment Bill (No.3). He argues that the legislature has failed to uphold constitutional limitations and legal boundaries in its attempt to amend presidential and parliamentary term provisions.

Sibanda says he filed the application under Section 167(2)(d) of the Constitution, as read with Rule 32(1) of the Constitutional Court Rules, SI 19 of 2025. He contends that Parliament's proposed amendments on term limits exceed its constitutional mandate.

The former MP is seeking the removal of constitutionally offensive Clauses 4(b) and 9(b) from the amendment bill, arguing they are illegal and impermissible because they attempt to override Section 328(7) of the Constitution. He claims the insertion of the phrase “notwithstanding Section 328(7)” is a backdoor attempt to alter the five-year presidential limit in Section 95(2) and the five-year parliamentary term in Section 143(1) to benefit President Emmerson Mnangagwa and current MPs through an unconstitutional process.

Sibanda is asking the court to order the withdrawal of the bill and the expunging of the problematic clauses before it is submitted for public consultation or debated in Parliament. While acknowledging Parliament's power to amend the Constitution, he argues that the legislature cannot do so illegally by circumventing constitutional safeguards. He is seeking declaratory and interdictory relief to prevent potential constitutional illegality from escalating into a national crisis.

The constitutional challenge comes amid intense internal conflict within Zanu-PF, particularly between Mnangagwa and Vice-President Constantino Chiwenga. In parallel with these legal challenges, Mnangagwa has been consolidating control over the military and security sector.

One notable development in the succession battle was the sidelining of Colonel Miniyothabo Baloyi, Chiwenga's spouse, from her influential role in the Military Intelligence Directorate. Her removal represents a significant blow to Chiwenga's ability to monitor or counter moves by Mnangagwa, as Military Intelligence is the nerve centre of Zimbabwe's security apparatus.

Analysts note that Mnangagwa's strategy of replacing Chiwenga-aligned figures in the military with loyalists strengthens his position ahead of the 2030 Agenda - a faction within Zanu-PF advocating for a two-year extension of Mnangagwa's rule beyond 2028. While some argue that Baloyi's removal could give her more freedom to assist Chiwenga politically, the consensus is that losing a key intelligence post is a tactical disadvantage.

Sibanda's legal challenge, together with these internal security maneuvers, underscores the high-stakes struggle within Zanu-PF. The proposed constitutional amendments, the sidelining of military figures, and the broader succession battle have intensified divisions within the state, fueling fears of political instability and raising the stakes for Zimbabwe as the 2028/2030 elections approach.