Four Constitutional Court challenges to Zimbabwe's constitutional amendments extending President Emmerson Mnangagwa's tenure and ending the direct election of presidents have been removed from the court roll. Constitutional lawyer Professor Lovemore Madhuku revealed this development, stating that it is a procedural step intended to bring the parties together for possible case management and coordination of future hearing dates. The four matters form part of at least five Constitutional Court cases challenging different provisions and procedures arising from the constitutional amendments signed into law in July 2026.
The first case involves six liberation war veterans seeking permission to challenge the removal of direct presidential elections without initially going through the High Court. Their application for direct access was heard on 22 September by a three-member Constitutional Court panel led by Deputy Chief Justice Paddington Garwe. The court reserved judgment after hearing arguments from the applicants and the Government. Madhuku said the war veterans contend that Parliament could not remove Zimbabweans' right to elect the president directly without holding a national referendum.
Madhuku outlined four other cases attacking different aspects of the constitutional amendments. One was filed by the MDC led by Douglas Mwonzora and also argues that removing the electorate's direct vote for president required approval through a referendum. A second application was brought by former Binga North legislator Prince Dubeko Sibanda, challenging provisions extending presidential and parliamentary terms from five to seven years and seeking to prevent the amendments from benefiting current office-holders.
Sibanda relies on section 328(7) of the Constitution, which provides that an amendment extending a term-limit provision does not benefit a person who held or previously held the affected office before the amendment. His case had been scheduled for 30 September but was removed from the court roll, with the parties expected to receive a new hearing date. A third, broader application involving another group of war veterans is being handled by a legal team that includes former finance minister Tendai Biti.
Madhuku said the four cases were no longer proceeding on their previously allocated dates and had been removed from the court roll. He believes that this is simply a procedural step, aiming to bring the parties together for a discussion, possibly for case management, where they will determine when these matters will be heard. He said hearing the related challenges within a coordinated period could be more orderly than having separate cases proceed over several weeks.
The Constitutional Court has not publicly announced new hearing dates or formally confirmed that the four matters will be consolidated. The amendments have fundamentally changed Zimbabwe's electoral system by transferring the election of the president from voters to Parliament and extending presidential and parliamentary terms from five to seven years. They also extend Mnangagwa's current and constitutionally final term by two years, moving its expiry from 2028 to 2030.
The Government opposed the direct-access application, arguing that the applicants had failed to demonstrate exceptional circumstances justifying their decision to bypass the High Court. Advocate Sylvester Hashiti, representing Mnangagwa, Justice Minister Ziyambi Ziyambi and Attorney-General Virginia Mabiza, also questioned whether the applicants had demonstrated sufficient legal interest in the case. Madhuku said the applicants remained hopeful that the court would allow them to place the substantive constitutional dispute before the full bench.
Key points
- The Constitutional Court challenges target amendments that extend President Emmerson Mnangagwa's tenure and end the direct election of presidents.
- Four cases have been removed from the court roll in a procedural step towards possible case management and coordination of future hearing dates.
- The amendments have changed Zimbabwe's electoral system, transferring the election of the president from voters to Parliament and extending presidential and parliamentary terms.
