ZIMBABWE’S courts are increasingly becoming the main battleground over the controversial Constitutional Amendment No 3 Bill (CAB3), as politicians, activists and citizens mount legal challenges over the proposed law and the conduct of recent parliamentary public hearings.
The latest application was filed last week by activists Allan Chipoyi and former legislator Amos Chibaya, represented by lawyer Obey Shava of Shava Law Chambers. The duo is seeking an order declaring the recent public hearings null and void.
They cite Parliament, Speaker of the National Assembly Jacob Mudenda, Justice minister Ziyambi Ziyambi and Attorney-General Virginia Mabhiza as first to fourth respondents, respectively.
In their application, Chipoyi and Chibaya argue that the hearings violated constitutional guarantees of freedom of expression under section 61 and failed the basic standards of fairness and inclusivity.
They allege that citizens opposed to CAB3 were violently blocked from making
submissions, while some venues were dominated by partisan groups that intimidated and assaulted participants.
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“The public hearings conducted from the 30th of March 2026 to 4 April 2026 failed the test of fairness and inclusivity, thereby rendering such hearings a nullity ab initio,” the two submitted.
“In major centres like Harare, Bulawayo, Mutare, Masvingo and Gweru, citizens were physically assaulted, intimidated and barred from expressing their views, rendering the process a sham and a mockery of the constitutional right to freedom of expression and participation.
“The public hearings ought to be set aside."
They further argue that Parliament ignored an ultimatum to reconvene hearings in affected areas by April 14 and instead proceeded with the legislative process.
“The first respondent's refusal to act on the ultimatum is a clear indication of its intention to proceed to the next stage of the legislative process with a Bill where the views of applicants were not captured,” they argued.
Chipoyi, in his founding affidavit, described the consultative process as “nothing short of a constitutional crisis,” citing chaos, exclusion and disorder across multiple cities.
He singled out a March 31 hearing at Harare’s City Sports Centre, where he claims dissenting voices were selectively excluded.
Chipoyi further claimed that across the country, legal practitioners, civic leaders and ordinary citizens, who attempted to offer technical input, were denied the opportunity to do so.
“The 90-day notice period ends on 17, May 2026,” he said.
“Applicants reasonably apprehend that the 2nd respondent will table the Bill for its Second Reading immediately thereafter.
“If the Bill is passed based on this flawed process, applicants' voices are permanently silenced. You cannot un-ring the bell of a constitutional amendment once it has passed the requisite stages. The harm is the permanent loss of constitutional protection.”
Chibaya, in a supporting affidavit, described similar conditions at Vhungu Hall in Gweru, saying the venue was grossly inadequate.
He said the hall could accommodate about 150 people, yet more than 1 000 citizens had gathered outside hoping to participate.
He argued that by selecting a small venue for a province with several constituencies and a large population, authorities effectively disenfranchised thousands of citizens before the hearing had even begun.
“As a matter of fact, Gweru has about 5 constituencies with an approximate population of between 146 000 and 155 000 people,” he said.
“By choosing a matchbox venue for a province like Gweru with such a huge population, the first respondent effectively disenfranchised thousands of citizens before the hearing even commenced,” Chibaya said.
He added that the environment was “overtly partisan and hostile,”
undermining the credibility of the process.
The 90-day consultation period is set to expire on May 17, 2026, after which Parliament is expected to proceed to the next stage of the legislative process.
The Bill awaits debate in Parliament.