Constitution of Zimbabwe Amendment Bill, 2026: what a tangled web of deceit! W Mukori

 The government is preparing sweeping constitutional amendments that would extend presidential terms to seven years, abolish direct presidential elections and fundamentally alter Zimbabwe's succession framework.

Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi is expected to table a memorandum before cabinet on Tuesday outlining the proposed Constitution of Zimbabwe Amendment Bill, 2026, which introduces far-reaching changes to the country's governance system and key constitutional institutions.

One of the most significant proposals is the repeal of Section 92 of the Constitution, paving the way for the president to be elected by a joint sitting of Parliament rather than through a direct popular vote.

According to a leaked draft of the bill, members of the National Assembly and Senate would elect the president by a majority vote after general elections or whenever a vacancy arises.

The bill also seeks to extend the term of office for both the president and Parliament from the current five years to seven years. If adopted, the change could allow President Emmerson Mnangagwa, who is currently serving his second and final term under existing constitutional limits, to remain in office for an additional two years — from 2028 to 2030.

In the memorandum, Ziyambi argues that longer terms would reduce what he describes as "election mode toxicity" and give government more time to implement development programmes, framing the proposal as a measure to promote stability and policy continuity.

However, constitutional lawyers have warned that such changes may require approval through a national referendum. Ziyambi has publicly dismissed this, insisting that a referendum will not be necessary.

The referendum question is expected to be central in a Constitutional Court challenge that is now imminent. The Matabeleland pressure group Ibhetshu LikaZulu and its secretary general Mbuso Fuzwayo were on Monday granted direct access to the Constitutional Court in an unopposed application. The case, which critics allege is sponsored by Zanu-PF, could be heard and determined before Chief Justice Luke Malaba retires on May 14.

The proposed amendments are already generating intense political debate. Critics warn that abolishing direct presidential elections would significantly dilute citizens' role in choosing their leader and further concentrate power in Parliament, where the ruling Zanu-PF enjoys a dominant majority.

Some analysts caution that the changes could allow an unpopular but wealthy politician to ascend to the presidency by influencing or "buying" the loyalty of MPs.

The draft bill also makes major changes to presidential succession rules. Instead of a vice president automatically assuming office in the event of death, resignation or removal of an incumbent, Parliament would elect a new president within a specified period.

Analysts say this could undermine the traditional advantage held by sitting vice presidents and open succession to broader political contestation. The shift is likely to fuel speculation about succession politics within Zanu-PF, where Vice President Constantino Chiwenga has long been viewed as a potential successor to Mnangagwa.

Another controversial proposal would expand the Senate, allowing the president to appoint an additional 10 senators selected for their professional skills and competencies. This would further increase presidential influence within Parliament.

The bill also proposes abolishing the Zimbabwe Gender Commission, transferring its functions to the Zimbabwe Human Rights Commission, which the memorandum says already has a mandate to protect all human rights. In addition, it seeks to repeal constitutional provisions establishing the National Peace and Reconciliation Commission.

Other proposed changes include transferring responsibility for voter registration and custody of the voters' roll from the Zimbabwe Electoral Commission (ZEC) to the Registrar General, and repealing constitutional restrictions that bar traditional leaders from participating in partisan politics. Ziyambi argues that prohibiting chiefs from political participation "violates their political rights," with their conduct instead to be regulated by legislation.

The government also plans to amend the functions of the Zimbabwe Defence Forces, replacing their duty "to uphold this Constitution" with wording requiring them to act "in accordance with the Constitution."

Ziyambi maintains that the proposed amendments will "reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates, and harmonise Zimbabwe's constitutional order with tested and successful practices in other progressive jurisdictions."

If adopted, the bill would mark the most extensive overhaul of Zimbabwe's constitutional framework since the current constitution was enacted in 2013, with profound implications for the country's democratic system and balance of power.

THE PEOPLE ELECTED PARLIAMENT AND PRESIDENT IN 2023 FOR 5 YEARS MAX. THERE WAS NO MENTION OF EXTENDING TERM THEN. IT IS ABSURD ELECTED SHOULD  EXTENDED TERM, FIAT ACCOMPLI, AND FOR SELFISH REASONS.

WHEN MNANGAGWA & CO. STAGED 2017 MILITARY COUP AND GOT HIGH COURT TO ENDORSE IT "CONSTITUTIONAL" THEY SET A DANGEROUS PRECEDENCE. TRADING ONE PHRASE FOR ANOTHER WILL NEVER ERAISE THE PRECEDENCE! 

‘Oh what a tangled web we weave 

When first we practice to deceive.’

Scottish author, Sir Walter Scott.