Zimbabwe opposition slams Constitutional Amendment Act No. 3 as ‘death of democracy’, vows court challenge

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Zimbabwe’s opposition has condemned the newly enacted Constitutional Amendment Act No. 3, describing it as a major setback for democracy and vowing to challenge the law in the Constitutional Court.

President Emmerson Mnangagwa on Tuesday assented to Constitutional Amendment Bill No. 3, paving the way for constitutional changes that include extending the terms of Parliament and local authorities from five to seven years and shifting the presidential vote from the public to Parliament.

Critics of the legislation argue that it undermines key constitutional safeguards.

Constitution Defenders Forum (CDF) convenor Tendai Biti said the enactment of the law signals a potential “suspension” of the constitution by the ruling party.

“An amendment sneaked in on 17 June 2026, during the Committee Stage of CAB 3, forces nominee party parliamentary candidates to declare their presidential candidate on their nomination form. So whoever signs party candidate forms determines the next president.

“This obnoxious amendment ought to have been gazetted in the original bill and ought to have been debated publicly. CAB 3 suspends elections to an unknown date.

“Elections are not in 2030. Maybe they can be held after seven years, in 2033. The pernicious use of the word ‘notwithstanding’ in clause 4(2)(a) and clause 9 of the bill allows the constitution to be suspended any time they feel like,” said Biti.

The elections, which were due to be held in 2028, have been scrapped by the new law.

The move has been viewed by political observers as clipping the wings of Mnangagwa’s deputy, Constantino Chiwenga, who has reportedly been eyeing the presidency after Mnangagwa. According to the law, Parliament will be responsible for electing the President, presided over by the Zimbabwe Electoral Commission (ZEC).

Prominent lawyer Thabani Mpofu said the enactment of the legislation would trigger a new phase of legal and political challenges.

“We now have CAA3. In the words of Zvobgo, it is ‘the most calculated and deliberate attack on our liberties.’ Its promulgation opens the door to, and indeed ushers in, another wave of challenges. These challenges will be pursued in many ways.

“We shall not abdicate. We shall not be cowed. When the motherland calls on men and women to stand up and be counted, we shall be such men and women.

“Our contract cannot be rewritten by a few. Our destiny cannot be determined by coin. We shall fall only by natural causes, not by the devices of a few corrupt men. So help us God,” said Mpofu.

Mnangagwa signed the legislation, extending his tenure by two years, despite repeatedly stating in the past that he would not seek to extend his stay in office beyond 2028 when his second and final term was due to end.

Movement for Democratic Change (MDC) presidential spokesperson Lloyd Damba said the party was preparing a constitutional challenge against the Act.

“Our legal team is already finalizing papers to challenge the constitutionality of CAB3 in the Constitutional Court. We will argue that it violates the basic structure doctrine and the will of the people expressed in 2013. The fight moves to the courts,” said Damba.

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