THE Zanu PF proposed Constitutional Amendment No 3 Bill has sparked renewed debate over democracy and constitutionalism in Zimbabwe, with critics warning that the move could undermine the rule of law by retrospectively extending the tenure of current office holders.
Abednico Bhebhe, chairperson of the Citizens Democratic Front (CDF), told Southern Eye that the proposed amendment was “morally questionable” and amounted to a self-serving attempt to prolong the tenure of incumbents.
The amendment, which could benefit President Emmerson Mnangagwa and sitting Members of Parliament, has raised fears that constitutional safeguards meant to limit Executive power are under threat.
Bhebhe, who is also the former Nkayi South MP, argued that applying constitutional changes retrospectively violates fundamental legal principles and the electoral mandate granted by voters in 2023.
“It is a fundamental principle of law that changes should not be applied retrospectively,” he said.
“If the people decide to increase the term limit, it should start from 2028 onwards, respecting the original mandate given by voters in 2023.”
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Bhebhe noted that the country’s term limits were designed to prevent leaders from becoming too powerful and entrenched in office.
“Changing the limits now, for the benefit of incumbents, undermines this principle and sets a bad precedent for future leaders.”
Zimbabwe adopted term limits under the 2013 Constitution, a reform widely hailed as a milestone for democratic governance following years of calls for stronger constitutional safeguards.
Bhebhe warned that altering those provisions to benefit current leaders risks reversing the progress made since the adoption of the 2013 Constitution.
“Introducing amendments to extend terms now feels like a power grab, prioritising personal interests over the people’s will.”
He insisted that any constitutional change affecting presidential or parliamentary terms should take effect after the next electoral cycle.
“Applying such changes from 2028 onwards respects the original electoral mandate, allows for a clean transition or new mandate and upholds the rule of law and constitutional principles,” Bhebhe said.
He also cautioned that passing the amendment in its current form marks a significant regression in Zimbabwe’s democracy.
“Constitutional Amendment No 3 Bill, if passed, would be tantamount to dictatorship and a regressive step for Zimbabwe’s democracy. The people of Zimbabwe deserve better.
“Citizens must say no to unilateralism and defend the Constitution that protects their democratic rights.”