94 Views The President Emmerson Mnangagwa led Zimbabwean ruling party ZANU PF at the weekend held “CAB3 Thank You Rallies” in all the country’s 10 provinces to celebrate Constitutional Amendment Act which extends his term of office. According to the party the rallies were to recognise and appreciate its supporters who rallied behind the recently […]

94 Views

The President Emmerson Mnangagwa led Zimbabwean ruling party ZANU PF at the weekend held “CAB3 Thank You Rallies” in all the country’s 10 provinces to celebrate Constitutional Amendment Act which extends his term of office.

According to the party the rallies were to recognise and appreciate its supporters who rallied behind the recently assented Constitutional Amendment Bill Number 3 into law.

The resolution to amend the Constitution was first introduced at the Zanu PF 21st Annual National People’s Conference held in Bulawayo in October 2024.

However, the ruling party sidestepped the country’s Constitution in coming up with the law as it was supposed to have gone through 3 referendums.

Apparently, the Movement for Democratic Change (MDC) has filed an application in the Constitutional Court challenging the legality of the newly enacted Constitution Amendment (No. 3) Act, arguing that it was signed into law without the referendum the party says was constitutionally required.

According to a statement issued on Thursday, 16 July 2026, the MDC confirmed that court papers have been formally served on President Emmerson Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, the Parliament of Zimbabwe and Attorney General Virginia Mabhiza.

The application, filed as Constitutional Court Case No. CCZ 7/26 under Section 167(2)(d) of the Constitution, seeks to challenge the constitutionality of the enactment of Constitution Amendment (No. 3), commonly known as CAB3.

MDC’s Argument

The MDC argues that CAB3 was signed into law without first being subjected to a national referendum, which the party contends was required under the Constitution because of the nature of the amendments.

In its statement, the party described the law as an unconstitutional alteration of the 2013 Constitution and said the court action is intended to defend constitutionalism and the rule of law rather than advance partisan interests.

The party said it is seeking judicial protection of constitutional provisions, including Sections 328, 110 and 90, which it believes are implicated by the amendment process.

MDC President Senator Douglas Mwonzora, who was part of the constitution-making process that produced the 2013 Constitution, is leading the party’s legal team.

Background

Constitution Amendment (No. 3) has generated significant public debate since it was introduced in Parliament. Supporters have argued that the changes are intended to improve governance and institutional efficiency, while critics contend that some of the amendments alter fundamental constitutional provisions and required broader public approval.

The public consultation process preceding the Bill’s passage was itself contentious, with opposition parties, constitutional experts and civil society organisations raising concerns over allegations of intimidation, disruption and limited opportunities for some citizens to express their views during parliamentary hearings. Government has maintained that the constitutional requirements for public consultation were followed.

With the Bill now signed into law, attention is shifting from Parliament to the courts, where the Constitutional Court will be asked to determine whether the enactment complied with Zimbabwe’s Constitution.

What Happens Next?

According to the MDC, the respondents have 21 days to file their opposing papers before the Constitutional Court considers the matter.

The party has urged Zimbabweans to remain peaceful as the legal process unfolds, describing the case as a constitutional test that could have significant implications for constitutional governance and democratic accountability.

Why It Matters

The case highlights the importance of constitutional processes, public participation and the rule of law in democratic governance. Regardless of political affiliation, constitutional amendments have lasting implications for governance, making transparent processes and independent judicial review essential to maintaining public trust.

The Constitutional Court’s eventual ruling is expected to clarify whether the enactment of Constitution Amendment (No. 3) complied with Zimbabwe’s constitutional requirements and could shape future constitutional reform processes.