THE opposition Citizens for Coalition Change (CCC) party says it will launch an anti-Constitution amendment campaign following revelations that Zanu PF is pushing to scrap presidential term limits.
Last weekend, Zanu PF provinces held meetings to come up with resolutions for the national conference which is slated for Bulawayo in October this year.
One of the key resolutions targeted at the conference is pushing for the amendment of the country’s Constitution to allow President Emmerson Mnangagwa to rule beyond 2028.
Mnangagwa has twice said he will not seek to extend his reign and will pass the baton when his term ends in 2028.
Despite that Zanu PF enjoys a two-thirds majority in Parliament and can amend the Constitution, Mnangagwa cannot be a beneficiary of the changes, according to the supreme law of the land.
Speaking to NewsDay yesterday, CCC spokesperson Promise Mkwananzi said the opposition was set to start awareness campaigns to thwart the move.
“We are totally opposed to the amendment of the Constitution. It is undemocratic and against the spirit of constitutionalism. In any event, any amendment to the Constitution will require a referendum and the citizens are ready to embarrass them,” he said.
“We will be launching a campaign against term extension. We want political and electoral reforms instead of these self-interested amendments which we believe even people in Zanu-PF are totally opposed to.”
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There has been an uproar in some quarters after Zanu PF Harare province resolved that the Constitution should be amended to allow Mnangagwa to extend his term.
Heal Zimbabwe Trust advocacy and information officer Tapiwanashe Chiriga said Zimbabwe had more pressing issues to deal with than spending money on referendums to amend the Constitution.
“While it is possible to amend section 91 of the Constitution to remove term limits, it would require two separate referendums in terms of section 328(8) for the incumbent President Mnangagwa to benefit from the removal of the term limit,” he said.
“This is an arduous exercise and in times where the nation could focus on more important things, we surely cannot subject the nation to the strenuous experience of two referendums to accommodate one man’s love for power.”
The Crisis in Zimbabwe Coalition said it would exhaust all legal channels to stop Zanu PF from amending the Constitution.
“The Crisis in Zimbabwe Coalition remains committed to the democratic transformation of our country. We will exhaust all legal channels and peaceful means to resist the power-hungry agenda and ensure a Zimbabwe where the will of the people is supreme,” the organisation said
According to legal think-tank Veritas, the path to a third presidential term was not only complex, but would also necessitate significant amendments to the existing legal framework.
“The Constitution of Zimbabwe is clear on the matter of presidential term limits. Section 91(2) states that a person is disqualified from election as president if they have already held the office for two terms, whether those terms are continuous or not.
“Crucially, any service exceeding three years is deemed a full term. By the time of the next general election, President Mnangagwa will have completed two full terms, rendering him ineligible to run for presidency or vice-presidency under the current Constitution.”
Veritas said to allow Mnangagwa to run for a third term, the most straightforward approach would be to amend section 91 of the Constitution.
“This amendment could either scrap presidential term limits altogether or increase the number of permissible terms from two to three or more.
“However, such an amendment would require adherence to a strict legislative process outlined in section 328 of the Constitution,” the analysis stated.
“The process includes publishing the proposed amendment in the Government Gazette at least 90 days before its introduction in Parliament; inviting public input through written submissions and public hearings; and a two-thirds majority in both the National Assembly and the Senate for the amendment to pass.”
Veritas said even if section 91 were successfully amended, a significant obstacle remains in section 328(7) of the Constitution.
The provision was specifically designed to prevent current office holders, including presidents, from benefiting from changes to term-limit provisions.
It states that any amendment extending the length of time a person may hold office does not apply to anyone who has held that office before the amendment.
In practical terms, this means that even if section 91 is amended, the changes will not apply to Mnangagwa, making him ineligible for a third term unless section 328(7) itself is amended or repealed.
“To allow President Mnangagwa to run for a third term, the government would need to amend or repeal section 328(7).
“This process mirrors that of amending section 91, with an additional requirement: the amendment must be approved by a national referendum,” Veritas said.
“The Bill would need to be published in the Gazette, passed by a two-thirds majority in both houses of Parliament, and then put to a referendum, where it would require the approval of a majority of voters.”
