I oppose proposed constitutional amendments

Jacob Kudzayi Mutisi

I respectfully submit this written representation in terms of Section 141 of the Constitution of Zimbabwe, which obligates Parliament to facilitate public involvement in legislative processes.

I oppose the Constitution of Zimbabwe Amendment (No. 3) Bill, 2026 (H.B. 1, 2026) on constitutional, democratic, and public interest grounds.

Supremacy of the Constitution and sovereignty of the people

Section 2 of the Constitution establishes the Constitution as the supreme law of Zimbabwe. Section 3 further entrenches the founding values and principles of governance, including democracy, accountability and the rule of law. 

Most critically, Section 117(1) provides that legislative authority is derived from the people and must be exercised in accordance with the Constitution.

Any amendment that directly or indirectly extends the tenure of sitting elected office holders beyond the mandate granted by voters in the 2023 harmonised elections raises serious constitutional concerns regarding self-benefit and conflict with the principle of popular sovereignty.

Electoral mandate and legitimate expectation

The electorate granted Members of Parliament and other elected officials a constitutionally defined five-year mandate ending in 2028.

Citizens participated in the electoral process with the legitimate expectation that the next general elections would be conducted in accordance with the existing constitutional timetable.

Altering this timetable without a fresh electoral mandate undermines democratic accountability and weakens the social contract between the governed and those entrusted with public office.

Constitutionalism and dangerous precedent 

Constitutionalism requires that the Constitution restrain the exercise of public power. Where amendments appear to benefit incumbent office holders by extending tenure, there is a heightened duty on Parliament to demonstrate compelling national interest

.Failure to subject such an amendment to direct public approval through a referendum risks establishing a precedent whereby constitutional timelines may be adjusted for political convenience.

Public confidence and institutional integrity 

Public trust in democratic institutions depends on certainty, transparency and adherence to constitutional limits. Extending terms of office outside the original electoral mandate may erode public confidence in Parliament and diminish the perceived legitimacy of national institutions.

 In light of the foregoing, I respectfully submit that Constitutional Amendment Bill No. 3 should not proceed in its current form. If the Bill seeks to extend the tenure of elected officials beyond 2028, such a proposal should be subjected to a national referendum in accordance with constitutional democratic principles.

 I urge Parliament to uphold the supremacy of the Constitution, protect the sovereignty of the people, and preserve the integrity of Zimbabwe’s constitutional democracy.

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