Court battle erupts over CAB3 hearings

Zimbabwe's legal system has become the central arena for escalating disputes over the proposed Constitutional Amendment No. 3 Bill (CAB3), with activists challenging the legitimacy of recent parliamentary public consultations.

Former legislator Amos Chibaya and activist Allan Chipoyi have filed an application in the High Court of Zimbabwe seeking to nullify public hearings held earlier this year, alleging widespread procedural violations and intimidation of participants.

The application, filed through lawyer Obey Shava of Shava Law Chambers, cites Parliament and several senior government officials, including Speaker Jacob Mudenda, Justice Minister Ziyambi Ziyambi, and Attorney-General Virginia Mabhiza.

The applicants argue that the consultation process violated constitutional guarantees of freedom of expression and participation under Section 61 of the Constitution.

They claim that citizens opposing the bill were assaulted or blocked from making submissions in several cities, including Harare, Bulawayo, Mutare, Masvingo and Gweru, rendering the process "a nullity ab initio".

"The public hearings… failed the test of fairness and inclusivity," the applicants submitted, alleging that intimidation and exclusion undermined the legitimacy of the process.

Chipoyi described the hearings as "nothing short of a constitutional crisis," alleging that legal practitioners, civic leaders and ordinary citizens were systematically denied the opportunity to contribute.

Chibaya raised specific concerns over the hearing in Gweru, saying the venue was too small to accommodate participants, effectively excluding thousands of residents from engagement.

He argued that the use of limited-capacity venues for densely populated areas amounted to disenfranchisement and undermined meaningful consultation.

The applicants further allege that Parliament ignored an ultimatum to repeat hearings in affected areas before proceeding with the legislative process.

The case comes as the 90-day consultation period is set to expire on 17 May 2026, after which Parliament is expected to proceed to the next stage of debate on the bill.

If adopted, CAB3 would represent one of the most significant constitutional reform efforts in recent years, but it continues to face mounting legal and political opposition over the integrity of its consultation process.