Constitutional Coup Looms In Zim

President Emmerson Mnangagwa’s political allies and supporters within the ruling Zanu PF and now opposition CCC are moving to propose parliament should amend the constitution through a Constitution Bill to extend the President’s term by up to five years beyond his 2028 second term constitutional limit, which now effectively means a third term.

A draft parliament motion on a proposed Constitutional Bill to be moved by Zanu PF Bikita South MP Energy Mutodi, and seconded by CCC legislator Charles Moyo, who purports to the party chief whip, wants Justice minister Ziyambi Ziyambi, a key Mnangagwa ally, to bring a far-reaching bill to the National Assembly which will extend the President’s term of office and tenure of MPs and local authority representatives by up to five years, citing the need to continue economic development projects and electoral reforms before the next polls, as well as dealing with political polarisation to ensure peace and harmony.

Legal scholars and analysts say this move is “unconstitutional and unlawful”.

University of Zimbabwe academic Professor Lovemore Madhuku told The NewsHawks:

“Parliament cannot lawfully amend the constitution to remove term limits and the provision that an incumbent cannot benefit from the resultant removal of the term limits without going through referenda.

“The constitution provides the mechanism for its amendment and the process which involves two referenda is clearly stated.

“However, merely coming up with a Constitutional Bill to amend the constitution and to postpone elections through parliament is unconstitutional and unlawful.

“Put differently, it will be a coup against the constitution. They do it, but it will be unconstitutional and unlawful. It be a coup against the constitution, “said Madhuku.

Mnangagwa’s supporters have been aggressively pushing for him to extend his rule beyond his 2028 second term.

They initially wanted him to serve a third term, but given the political uproar that it may cause, they now say they want only two more years.

But the new proposal suggests an extension of up to five years.

The ruling Zanu PF annual conference in Bulawayo last October resolved Mnangagwa can extend his rule to 2030, although the party said that needs his express approval first and the process would be a mountain to climb given the need for two referenda: One to remove term limits and the other the provision that an incumbent cannot benefit from such an amendment.

Zanu PF legal affairs secretary Patrick Chinamasa said that would be “impossible”.

Mnangagwa’s close allies say it is possible because the constitution is not cast in stone.

There were serious political tensions over that issue at the Zanu PF conference and after.

While his allies push hard for to secure his deal, Mnangagwa claims he is not interested as he is a “constitutionalist” when ironically he came to power through a coup.

Mnangagwa first came to power through a coup in November 2017 and was expected by his putsch allies to serve a term as a transitional leader and then let Vice President Constantino Chiwenga to take over from 2023.

Mnangagwa reneged on the deal with Chiwenga and the coup faction which ousted the late former president Robert Mugabe.

That issue triggered renewed fierce internal strife between Mnangagwa and Chiwenga as they engage in a new power struggle over the party’s unsettled leadership issue.Due to that betrayal and the resultant brinkmanship, Chiwenga and his military-backed faction are opposed to Mnangagwa’s which has deeply divided Zanu PF and the nation.

The latest development of a parliamentary motion to amend the constitution and postpone elections without following the laid down process comes after a visit to Mnangagwa’s Precabe Farm in Sherwood, Kwekwe, by hordes of Zanu PF and CCC MPs on Sunday to rally a broad consensus and map the way forward on the issue.W

hile some significant number of CCC MPs boycotted, self-imposed party secretary-general Sengezo Tshabangu and more than 30 legislators attended.

Twenty of the 32 CCC MPs and senators who attended the meeting – disguised as a field day – at Mnangagwa’s farm were appointed by Tshabangu after recalling many legitimate representatives elected during the 2023 elections.

The CCC has 115 lawmakers in parliament – 88 in the National Assembly and 27 in the Senate.

Of the 32 MPs and senators who went to Mnangagwa’s farm, 20, including Tshabangu, were not elected in 2023, but came through the engineered recalls and resultant by-elections, subverting the people’s will and democracy.

The Precabe Farm attendance register has 44 MPs; 34 who attended and 10 who sent apologies.

However, two are denying they attended.

This means 83 did not attend.

After enjoying farm hospitality on Sunday, Tshabangu endorsed Mnangagwa’s plan, saying if that would make Zimbabweans happy and benefit the people “then let it be”.

Tshabangu seized the CCC leadership from original party leader Nelson Chamisa after the 2023 elections working with key pillars of the state – that is the executive, legislature and judiciary – and state security agencies.

Chamisa quickly threw in the towel and walked away, saying the party had been infiltrated and captured by Zanu PF and state agents.

Bruising battles for leadership subsequently ensued and opposition veteran Welshman Ncube emerged as interim party leader on a rotational basis.

However, Tshabangu emerged the biggest winner with a new house, car and cash, as well as a senate seat, vanity prestige and hobnobbing with rulers for subverting the opposition and democracy.

Another reputable professor of law, not involved in politics but following Mnangagwa’s political drama, said using parliament to postpone elections and avoiding the referendum route to serve the 2030 agenda would be unlawful.”

Section 95(2) says both Parliament and the President have a 5 year term.

Then section 91(2) says a person who has served two terms as President is disqualified from being elected President.

Thereafter section 328 in subsections 6, 7, 8 and 9 makes it IMPOSSIBLE for a sitting President and sitting MPs to benefit from a constitutional amendment that extends their terms of office,” the professor said.

“What is more significant is that those provisions read together require two different referenda to remove the term limit clause and the referendum clause. So this means that even if the constitution were to be amended to extend the presidential and parliamentary terms to seven or more years, the current president and MPs are precluded from continuing in office.”

Asked if the provision barring the incumbent from benefitting is removed after term limits have been discarded, would Mnangagwa be eligible to benefit, the professor said,

“The whole idea of Section 328 is to prevent a sitting President and MPs from extending their own terms of office, but not to prevent future Presidents and MPs from benefitting from the amendments made before their tenures expired.”

A lawyer works at the Attorney General’s office said: “Removing Section 328 of the constitution which prevents incumbents from benefitting from term limits removal is not workable. That will be like MPs now re-writing the constitution. It will be unconstitutional.”