HARARE - Sixty-seven members of Zimbabwe’s Parliament were served with court papers Tuesday as their constituents challenged their involvement in a controversial bill that seeks to extend lawmakers’ terms and President Emmerson Mnangagwa’s stay in office beyond 2028.
The applications filed at the Constitutional Court accuse the MPs of participating in processes that would violate Section 328(7) of the 2013 Constitution. That provision bars amendments extending term limits from applying to incumbents already in office.
The Constitution of Zimbabwe Amendment (No. 3) Bill, introduced in Parliament on Tuesday by Justice Minister Ziyambi Ziyambi, proposes lengthening presidential, parliamentary and local authority terms from five to seven years. It would also shift the election of the president from a direct popular vote to selection by a joint sitting of Parliament and includes other governance changes.
Transitional clauses in the bill would apply the new seven-year cycle to current officeholders, effectively pushing elections from 2028 to 2030.
Applicants argue they were never properly consulted. While the constitution requires public input on amendment bills, Parliament held hearings in only 64 administrative districts - one per district — rather than in each of the country’s 210 constituencies. Some districts contain multiple constituencies.
“We were not consulted when the decision to extend the MPs’ term was done,” one applicant stated in court papers, according to details shared with reporters. The filings also contend that the bill requires a national referendum because it effectively seeks to override the incumbent-protection clause in Section 328(7). The court applications do not seek to halt debate or voting on the bill.
However, the applicants say principles of constitutionalism and good governance require the 67 named MPs to recuse themselves from further involvement until the court rules.
Legal sources indicated that applications target all 210 MPs, with the initial 67 served as Parliament adjourned Tuesday.
The bill follows public hearings in March and April that drew criticism for being rushed, poorly attended in some areas and marred by chaos. In one incident, human rights lawyer Douglas Coltart was reportedly assaulted during a hearing.
Government officials have defended the amendments as necessary to reduce the frequency of “election-related toxicity” and allow more time for development under the ruling ZANU-PF party’s Vision 2030 agenda.
They argue the changes adjust electoral cycles rather than term limits, potentially avoiding a referendum.
Mnangagwa, 83, who assumed power after a 2017 military-assisted ouster of longtime leader Robert Mugabe and won elections in 2018 and 2023, has not publicly endorsed the extension but has not opposed his party’s efforts. His current term is set to end in 2028.
Zimbabwe’s 2013 Constitution, adopted after a referendum, was intended to strengthen democratic safeguards, including presidential term limits of two five-year terms. Critics view the current bill as an attempt to entrench power.
The Constitutional Court challenge tests the judiciary’s role in upholding constitutional checks amid ZANU-PF’s strong parliamentary majority, which makes passage of the bill likely if it reaches a vote. Owen Mudha Ncube ... he's also being taken to court.