The Zimbabwean government is introducing far-reaching and controversial constitutional and legal reforms to facilitate President Emmerson Mnangagwa’s 2030 term extension bid, including an overhaul of the political system to dismantle its imperial presidency by electing the next President through parliament for a seven-year tenure.
The changes are no longer simply about elongating Mnangagwa’s rule amid a Zanu PF succession power struggle and piece-meal tinkering with the constitution as they now contain reformist and impactful sweeteners which may hugely influence politics when the incumbent is gone.
Foundationally premised on Mnangagwa’s contentious 2030 political project and the attendant need to manage his succession plan, the comprehensive and consequential constitutional and legal reforms would dilute executive power, increase parliamentary control and detoxify politics by stretching the electoral cycle, frequency and intensity.
That would on the face of it at least de-escalate political tensions fuelled by disputed election outcomes and contested legitimacy of the incumbent every five years, without necessarily addressing the root causes of electoral fraud and theft.
Constitutional and legal changes can alter a political system, but not change the political culture. Beyond changing the political architecture, constitutionalism and democratic consolidation need to be entrenched.
With a major political impact and serious implications, the reforms will bring big changes on how the president is elected, the length of the tenure, registration of political parties, ensuring no one can be President without a party, making the two Vice-Presidents equal, elevating the Attorney-General’s position, increasing the number of appointed senators, transferring back the registration of voters to the registrar-general’s office, renaming the Zimbabwe Electoral Commission, dissolving the Zimbabwe Gender Commission and reining in the army by making it act “in accordance with”, not to “uphold”, the constitution.
The main and underlying objective of the surprise changes in the final analysis is to preserve the status quo and perpetuate Zanu PF rule.
In a ministerial memo which will introduce the constitutional amendment bill in cabinet today, Justice minister Ziyambi Ziyambi explains the changes:
“This memorandum proposes a series of legal reforms to strengthen constitutional governance, clarify institutional roles, promote political stability, and enhance the efficiency of the State architecture. The Bill forms part of Zimbabwe’s continuing legal evolution and seeks to adhere to the spirit of the Constitution, refine and modernise certain provisions in response to governance experience, developmental imperatives, and comparative constitutional practice.
2. RATIONALE
The primary objectives of the Bill are to
— i. enhance political stability and policy continuity to allow national development programmes to be implemented to completion;
ii. clarify institutional mandates and eliminate functional overlaps that undermine efficiency and accountability;
iii. strengthen democratic structures through rationalisation of electoral and oversight institutions;
iv. align Zimbabwe’s constitutional framework with contemporary African constitutional models that have demonstrated resilience, legitimacy and effectiveness; and
v. promote long-term national stability, inclusivity and public confidence in constitutional institutions.
In detail, the Bill provides as follows: –
Clause 1 provides for the Title of the Bill.
Clause 2 repeals section 92 of the Constitution and substitutes it with a parliamentary process for electing the President. It specifies that a candidate must secure a majority of votes, and if no one achieves an absolute majority, a run-off election will be held. The process is overseen by the Chief Justice or a designated judge to ensure it is conducted properly.
These measures strengthen constitutional accountability by promoting fairness, openness, and judicial oversight in the election. The procedure for the election shall be in accordance with Standing Rules and Orders of Parliament.
Clauses 3,7, and 8 amend sections 95, 143 and 158 of the Constitution to substitute the current five-year term of office for the President and Parliament with a seven-year term. The objective of this reform is to reduce election-related disruptions, enhance policy continuity, allow sufficient time for the implementation of long-term national projects, and promote political and economic stability.
Clause 4: This clause provides for the deletion of the word “first” before “Vice President”. This concept was repealed by constitutional amendment number 2.
Clause 5 amends section 114(3) of the Constitution by substituting “High Court” with “Supreme Court”, thereby requiring that a person appointed as Attorney-General possess the qualifications necessary for appointment as a judge of the Supreme Court. The justification for this amendment is that, in accordance with the Attorney-General’s Office Act [Chapter 7:19], Deputy Attorneys-General are now placed at a level equivalent to that of High Court Judges, making it institutionally coherent and legally appropriate for the Attorney-General to be subject to the higher qualification threshold applicable to the Supreme Court.
Clause 6 amends section 120 of the Constitution to allow the President to appoint ten senators, increasing the total number of senators from eighty to ninety.
The amendment is intended to broaden technical expertise within Parliament, enhance oversight, expand the pool of potential Ministers, and promote national cohesion.
In addition, clauses 9, 10 and 11 establish the Zimbabwe Electoral Delimitation Commission and transfer the function of delimitation of electoral boundaries from the Zimbabwe Electoral Commission (ZEC) to the new Commission.
The reform addresses concerns relating to institutional overlap and perceived conflicts arising from ZEC’s dual role, and promotes good governance, institutional integrity and functional specialisation.
Clauses 12 and 16 repeal sections 239(c) to (e) that relate to the registration of voters, compilation of voters’ roll and registers, and ensure proper custody and maintenance of the voters’ roll is transferred to the Registrar-General.
This amendment is intended to improve efficiency, as the Registrar-General is the custodian of vital registration information. Furthermore, clause 14 repeals section 180(4), (4a) and (5) by removing the interview process.
Clause 15 amends section 212 (Functions of Defence Forces) of the Constitution by deleting the words “to uphold this Constitution” and substituting them with “in accordance with the Constitution”.
The amendment is intended to reinforce the provisions of sections 213 and 214 of the Constitution.
Additionally, clause 17 repeals Part 4 of Chapter 12 of the Constitution, which establishes the Zimbabwe Gender Commission, and transfers its functions and responsibilities to the Zimbabwe Human Rights Commission.
The amendment aims to consolidate oversight of human rights, including gender equality, under a single institution, promoting greater efficiency, coherence, and effectiveness in the protection of fundamental rights.
I hereby submit this Constitutional Amendment Bill for consideration and approval by Cabinet.”
