Opinion / Columnist
No one is above the Constitution: Zimbabweans must say no to term extensions
12 Jun 2025 at 08:33hrs | Views
Zimbabweans must never allow their country to backslide or let their hard-won rights be stripped away.
In 2013, millions of Zimbabweans made history by overwhelmingly endorsing a new Constitution in a national referendum.
More than 94% of voters approved this supreme law, which was heralded as a bold step toward accountable governance, democratic renewal, and the rule of law.
It was not a partisan document - it was a social contract between the people and those they elect to serve.
At its core lies a simple but profound principle: power must be limited and accountable.
To directly receive articles from Tendai Ruben Mbofana, please join his WhatsApp Channel on: https://whatsapp.com/channel/0029VaqprWCIyPtRnKpkHe08
That is why it enshrined term limits for the presidency, fixed durations for Parliament and local authorities, and a rigid procedure for any amendments that affect these core democratic safeguards.
Today, that hard-won Constitution is under threat.
A growing and coordinated campaign by President Emmerson Mnangagwa's loyalists seeks to undermine it by deferring the 2028 elections.
Their intention is to extend the tenure of not only the President but also Members of Parliament and ward councillors beyond their constitutionally prescribed terms.
This is not just a technical matter - it is an assault on Zimbabwe's democracy, an insult to the people's will, and a gateway to authoritarianism.
Let us be clear about what the Constitution says.
Section 91(2) categorically disqualifies anyone who has served two terms from running again for President.
Section 95(1) states each term is five years.
Crucially, Section 328(7) provides that if any amendment seeks to extend the length of the President's term, that extension does not apply to the person who is the President when the amendment is made.
In simple terms, Mnangagwa cannot legally benefit from any attempt to change the rules while still in office.
This clause was deliberately included to prevent the self-serving manipulation of constitutional provisions by sitting leaders.
Its purpose is to protect democracy from the very kind of power-grabbing we are witnessing today.
Likewise, Parliament and local councils cannot extend their terms arbitrarily.
Section 143(1) fixes Parliament's term at five years from the day the President-elect is sworn in, while Section 158(1) mandates that general elections be held within 30 days before that term expires.
Section 277(1) imposes the same time limit on local councils.
Any deviation from these timelines would be unconstitutional and illegitimate, unless sanctioned by a formal amendment process.
That process is no walk in the park.
As outlined in Section 328, any amendment to the Constitution must be passed by a two-thirds majority in both houses of Parliament.
If it seeks to alter "entrenched provisions" like presidential term limits, it must also go to a national referendum.
That means any attempt to extend terms will require the consent of the very people whose rights and voices are being undermined by the proposal.
This is where Zimbabweans must rise in defence of their Constitution.
Let us not be misled - term extensions are not mere administrative tweaks.
They strike at the heart of democratic accountability.
Allowing leaders to overstay their mandates erodes public trust, undermines the legitimacy of future elections, and sets a dangerous precedent.
If it happens once, what stops it from happening again?
Zimbabwe has already paid a steep price for weak institutions and leaders who view themselves as indispensable.
We dare not repeat that tragic history.
Citizens are not powerless.
The Constitution arms them with tools to resist such abuse.
Section 85 empowers any Zimbabwean - even without a personal interest - to approach the courts to protect constitutional rights.
Public interest litigation is a legitimate and powerful avenue to challenge unconstitutional amendments or bills.
Civil society organizations and concerned individuals can file urgent Constitutional Court applications to block unlawful extensions.
Beyond the courts, Zimbabweans have a constitutional right to resist such undemocratic manoeuvres through civic activism.
Section 59 guarantees every citizen the right to campaign peacefully, demonstrate, petition authorities, and participate in governance.
This empowers Zimbabweans to mobilize, march, sign petitions, and educate their communities on the true meaning of the Constitution - and the grave threat now being posed to it.
These rights must be exercised vigorously, but peacefully.
Above all, we must cast away fear, for fear is a luxury we can no longer afford at this critical juncture.
Silence and inaction will prove far more costly in the long run, as our country's democratic future hangs in the balance.
We must also use the power of the pen and the microphone.
Advocacy through independent media, social platforms, and citizen journalism can raise awareness, expose manipulation, and build national resistance.
In a country where state media is often complicit, alternative information channels become vital lifelines for democracy.
The rural population, often a target of misinformation and coercion, must be a focus for civic education campaigns to ensure they understand that any extension of terms without a referendum is unconstitutional.
Importantly, we must not let Parliament off the hook.
Citizens must lobby MPs across the political divide.
Even ruling party legislators must be reminded: if they endorse this betrayal of the Constitution, history will not remember them as representatives of the people, but as enablers of authoritarianism.
They must also understand that any such amendment, according to Section 328(7), will not benefit Mnangagwa anyway - so why destroy the Constitution in exchange for political favours that will never materialize?
To support these changes merely because they, too, stand to gain through term extensions is a short-sighted and self-serving act of political greed.
History will judge them harshly - not as patriots, but as opportunists who sacrificed national principles for personal gain.
On the regional and international front, Zimbabweans and civil society must call on SADC, the African Union, and the United Nations to monitor these developments closely.
Diplomatic pressure may not always yield immediate results, but it plays a crucial role in delegitimizing unconstitutional conduct and deterring impunity.
However, it is important to recognize that the international community can only respond meaningfully when we, as Zimbabweans, take the lead in showing our collective outrage and rejection of these unconstitutional amendments.
As long as we remain passive - leaving it to political leaders, civil society organizations, and a few vocal individuals to raise the alarm - our protests will be perceived as the concerns of a small minority.
The international community cannot be expected to act on what appears to be isolated dissent.
That is precisely why SADC did absolutely nothing in response to the blatantly fraudulent 2023 elections, despite its own observer mission releasing a damning report.
Until millions of ordinary Zimbabweans speak out loudly and publicly, expressing clear opposition to these threats to our democracy, our calls for international solidarity will continue to fall on deaf ears.
Silence and indifference only embolden those bent on subverting our Constitution.
Peace, stability, and meaningful development cannot coexist with a government that tramples on its own foundational legal document.
The responsibility to defend our democracy begins with us.
We have seen this movie before - in Uganda, Rwanda, and other nations where the removal of term limits led to authoritarian rule and deepened democratic decline.
But we have also seen the opposite.
In Zambia and Malawi, citizens stood firm.
They mobilized legally, peacefully, and persistently - and they won.
Constitutions were protected, and democracy lived another day.
Zimbabweans can do the same.
At stake is not just the future of one leader, one Parliament, or one council.
What is at stake is the soul of the nation, the very essence of constitutional democracy.
This is not a partisan issue.
It is not about ZANU PF or the opposition.
It is about all Zimbabweans - rural and urban, young and old - defending the most important covenant they have with their leaders: the Constitution.
As Thomas Jefferson wisely said, "The price of liberty is eternal vigilance."
Zimbabweans must be vigilant.
They must say no.
They must defend what is theirs. The Constitution belongs to the people - not to Emmerson Mnangagwa, not to Parliament, not to any political elite.
It is time for every Zimbabwean to rise - not with weapons, but with words, with action, with unity, and with the law.
The Constitution must stand.
And no one - not even the President - is above it.
© Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/
In 2013, millions of Zimbabweans made history by overwhelmingly endorsing a new Constitution in a national referendum.
More than 94% of voters approved this supreme law, which was heralded as a bold step toward accountable governance, democratic renewal, and the rule of law.
It was not a partisan document - it was a social contract between the people and those they elect to serve.
At its core lies a simple but profound principle: power must be limited and accountable.
To directly receive articles from Tendai Ruben Mbofana, please join his WhatsApp Channel on: https://whatsapp.com/channel/0029VaqprWCIyPtRnKpkHe08
That is why it enshrined term limits for the presidency, fixed durations for Parliament and local authorities, and a rigid procedure for any amendments that affect these core democratic safeguards.
Today, that hard-won Constitution is under threat.
A growing and coordinated campaign by President Emmerson Mnangagwa's loyalists seeks to undermine it by deferring the 2028 elections.
Their intention is to extend the tenure of not only the President but also Members of Parliament and ward councillors beyond their constitutionally prescribed terms.
This is not just a technical matter - it is an assault on Zimbabwe's democracy, an insult to the people's will, and a gateway to authoritarianism.
Let us be clear about what the Constitution says.
Section 91(2) categorically disqualifies anyone who has served two terms from running again for President.
Section 95(1) states each term is five years.
Crucially, Section 328(7) provides that if any amendment seeks to extend the length of the President's term, that extension does not apply to the person who is the President when the amendment is made.
In simple terms, Mnangagwa cannot legally benefit from any attempt to change the rules while still in office.
This clause was deliberately included to prevent the self-serving manipulation of constitutional provisions by sitting leaders.
Its purpose is to protect democracy from the very kind of power-grabbing we are witnessing today.
Likewise, Parliament and local councils cannot extend their terms arbitrarily.
Section 143(1) fixes Parliament's term at five years from the day the President-elect is sworn in, while Section 158(1) mandates that general elections be held within 30 days before that term expires.
Section 277(1) imposes the same time limit on local councils.
Any deviation from these timelines would be unconstitutional and illegitimate, unless sanctioned by a formal amendment process.
That process is no walk in the park.
As outlined in Section 328, any amendment to the Constitution must be passed by a two-thirds majority in both houses of Parliament.
If it seeks to alter "entrenched provisions" like presidential term limits, it must also go to a national referendum.
That means any attempt to extend terms will require the consent of the very people whose rights and voices are being undermined by the proposal.
This is where Zimbabweans must rise in defence of their Constitution.
Let us not be misled - term extensions are not mere administrative tweaks.
They strike at the heart of democratic accountability.
Allowing leaders to overstay their mandates erodes public trust, undermines the legitimacy of future elections, and sets a dangerous precedent.
If it happens once, what stops it from happening again?
Zimbabwe has already paid a steep price for weak institutions and leaders who view themselves as indispensable.
We dare not repeat that tragic history.
Citizens are not powerless.
The Constitution arms them with tools to resist such abuse.
Section 85 empowers any Zimbabwean - even without a personal interest - to approach the courts to protect constitutional rights.
Public interest litigation is a legitimate and powerful avenue to challenge unconstitutional amendments or bills.
Civil society organizations and concerned individuals can file urgent Constitutional Court applications to block unlawful extensions.
Beyond the courts, Zimbabweans have a constitutional right to resist such undemocratic manoeuvres through civic activism.
Section 59 guarantees every citizen the right to campaign peacefully, demonstrate, petition authorities, and participate in governance.
This empowers Zimbabweans to mobilize, march, sign petitions, and educate their communities on the true meaning of the Constitution - and the grave threat now being posed to it.
Above all, we must cast away fear, for fear is a luxury we can no longer afford at this critical juncture.
Silence and inaction will prove far more costly in the long run, as our country's democratic future hangs in the balance.
We must also use the power of the pen and the microphone.
Advocacy through independent media, social platforms, and citizen journalism can raise awareness, expose manipulation, and build national resistance.
In a country where state media is often complicit, alternative information channels become vital lifelines for democracy.
The rural population, often a target of misinformation and coercion, must be a focus for civic education campaigns to ensure they understand that any extension of terms without a referendum is unconstitutional.
Importantly, we must not let Parliament off the hook.
Citizens must lobby MPs across the political divide.
Even ruling party legislators must be reminded: if they endorse this betrayal of the Constitution, history will not remember them as representatives of the people, but as enablers of authoritarianism.
They must also understand that any such amendment, according to Section 328(7), will not benefit Mnangagwa anyway - so why destroy the Constitution in exchange for political favours that will never materialize?
To support these changes merely because they, too, stand to gain through term extensions is a short-sighted and self-serving act of political greed.
History will judge them harshly - not as patriots, but as opportunists who sacrificed national principles for personal gain.
On the regional and international front, Zimbabweans and civil society must call on SADC, the African Union, and the United Nations to monitor these developments closely.
Diplomatic pressure may not always yield immediate results, but it plays a crucial role in delegitimizing unconstitutional conduct and deterring impunity.
However, it is important to recognize that the international community can only respond meaningfully when we, as Zimbabweans, take the lead in showing our collective outrage and rejection of these unconstitutional amendments.
As long as we remain passive - leaving it to political leaders, civil society organizations, and a few vocal individuals to raise the alarm - our protests will be perceived as the concerns of a small minority.
The international community cannot be expected to act on what appears to be isolated dissent.
That is precisely why SADC did absolutely nothing in response to the blatantly fraudulent 2023 elections, despite its own observer mission releasing a damning report.
Until millions of ordinary Zimbabweans speak out loudly and publicly, expressing clear opposition to these threats to our democracy, our calls for international solidarity will continue to fall on deaf ears.
Silence and indifference only embolden those bent on subverting our Constitution.
Peace, stability, and meaningful development cannot coexist with a government that tramples on its own foundational legal document.
The responsibility to defend our democracy begins with us.
We have seen this movie before - in Uganda, Rwanda, and other nations where the removal of term limits led to authoritarian rule and deepened democratic decline.
But we have also seen the opposite.
In Zambia and Malawi, citizens stood firm.
They mobilized legally, peacefully, and persistently - and they won.
Constitutions were protected, and democracy lived another day.
Zimbabweans can do the same.
At stake is not just the future of one leader, one Parliament, or one council.
What is at stake is the soul of the nation, the very essence of constitutional democracy.
This is not a partisan issue.
It is not about ZANU PF or the opposition.
It is about all Zimbabweans - rural and urban, young and old - defending the most important covenant they have with their leaders: the Constitution.
As Thomas Jefferson wisely said, "The price of liberty is eternal vigilance."
Zimbabweans must be vigilant.
They must say no.
They must defend what is theirs. The Constitution belongs to the people - not to Emmerson Mnangagwa, not to Parliament, not to any political elite.
It is time for every Zimbabwean to rise - not with weapons, but with words, with action, with unity, and with the law.
The Constitution must stand.
And no one - not even the President - is above it.
© Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/
Source - Tendai Ruben Mbofana
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