Biti vows Constitutional challenge to CAB3

Former Finance Minister and senior lawyer Tendai Biti says the enactment of Constitutional Amendment Act No. 3 will not end opposition to the legislation, vowing that critics will continue to challenge it through the courts and other constitutional means.

Biti made the remarks after his court appearance in Mutare, where his case was postponed. He is facing charges of allegedly convening a public gathering without notifying the regulating authority, contrary to the Maintenance of Peace and Order Act.

The charges stem from a meeting held in Mutare in March, where prosecutors allege Biti and co-accused Morgan Ncube convened about 30 people to discuss the proposed constitutional amendments.

Speaking after the proceedings, Biti described President Emmerson Mnangagwa's signing of Constitutional Amendment Act No. 3 into law on July 7 as "the beginning of the end" of what he termed efforts to undermine Zimbabwe's Constitution.

"Signing CAB3 on July 7, 2026 is just the beginning, but the beginning of the end, because Zimbabweans will be resisting peacefully and constitutionally," Biti said.

He said opponents of the legislation would pursue legal challenges and exercise rights provided under the Constitution.

"As lawyers, we are already in the courts. We filed court applications after court applications against the process of and substance of CAB3," he said.

Biti called on Mnangagwa to restore the Constitution to its 2013 form.

"We want constitutionalism, we want the rule of law and we hope that Mr Mnangagwa will do the right thing and restore our Constitution to where it was in 2013, where he found it when he became President on November 23, 2017," he said.

He argued that the constitutional amendments would alter the country's democratic trajectory and claimed they could allow Mnangagwa to remain in office until 2033 under the amended constitutional provisions.

"The passing of CAB3 means that Mnangagwa has seven more years in office," Biti said, adding that Zimbabwe should not become "a dynasty."

Biti also said those opposed to the amendments intended to continue resisting them through constitutional means, including litigation, petitions and peaceful demonstrations.

The constitutional amendments have attracted both support and criticism since being signed into law.

Supporters say the changes are intended to strengthen governance and improve institutional efficiency, while opponents argue that the amendments undermine constitutional safeguards and democratic principles.

Several legal challenges contesting both the process and substance of the legislation are currently before the Constitutional Court.

Biti and his co-accused, Constitution Defenders Forum national programmes director and former Beitbridge mayor Morgan Ncube, deny the charges against them. Their matter remains before the courts.