The controversial bill seeking to extend President Emmerson Mnangagwa’s term by two years and abolish direct presidential elections faces a significant new setback.
A human rights activist has taken Parliament to court, demanding a national referendum before any such changes can be enacted.
The urgent court application, filed by activist Youngerson Matete, seeks to block the promulgation of the Constitution of Zimbabwe Amendment (No. 3) Bill, 2026.
Matete argues that key clauses within the Bill cannot lawfully be altered without the direct approval of the electorate.
Matete cited the Parliament of Zimbabwe, Mnangagwa, Justice, Legal and Parliamentary Affairs minister, the Zimbabwe Electoral Commission (Zec), and the attorney general as respondents.
Gazetted in February of this year, the Bill proposes sweeping changes to Zimbabwe’s democratic framework.
Most controversially, it seeks to extend presidential and parliamentary terms from five to seven years and replace direct popular presidential elections with a system where the President is chosen by Members of Parliament.
Additional proposed changes include transferring voter registration functions from Zec to the Registrar-General, merging the Gender Commission into the Zimbabwe Human Rights Commission, and expanding the Senate with further appointed seats.
In his application for a declaratory order, Matete argued that clauses 4, 9, and 10 of the Bill fall under Section 328 of the constitution. These provisions are “entrenched,” meaning they cannot be amended without a national referendum. He is seeking a court order declaring that any attempt to enact or implement these clauses without a public vote would be unconstitutional, unlawful, and of no legal force.
Matete is also requesting an interdict to prevent Parliament, the president, and the Justice minister from taking further steps toward enactment unless a referendum is held. Matete stated that he has followed public debates on the bill with growing alarm, noting that senior government officials have openly dismissed the necessity of a referendum. He specifically cited Justice minister Ziyambi Ziyambi and former deputy minister of Justice Paul Munyaradzi Mangwana, both of whom have been quoted in the media asserting that a referendum is unnecessary.
Matete also highlighted submissions made to Parliament by the Zimbabwe Catholic Bishops Conference on May 12, 2026. The Conference raised serious concerns regarding the protection of term-limit provisions, arguing that they should not be altered to benefit sitting officeholders without voter approval.
“My interest is neither abstract, academic, nor hypothetical,” Matete stated in his submission. “It is a real, legally recognizable, and constitutionally protected interest arising from my status as a citizen of Zimbabwe, a registered voter, and a beneficiary of the constitutional order”.
He warned: “The proposed constitutional amendment process directly affects my constitutional rights, including my right to constitutional governance founded upon the supremacy of the constitution and my political rights to participate in constitutionally mandated democratic processes”.
Matete cautioned that proceeding without a referendum would undermine constitutional supremacy, the sovereignty of the people, and the rule of law.
The application is currently pending before the court.