Briefly

Opposition challenges Constitutional Amendment No. 3 in Constitutional Court, seeks to nullify Mnangagwa’s term extension

Case LawZambia·Zambian Observer·Briefly Analysis

Abstract

The National Constitutional Assembly (NCA) has challenged Constitutional Amendment No. 3 in the Constitutional Court of Zimbabwe, seeking to nullify President Mnangagwa's term extension. The challenge was brought by NCA National Executive Committee member Vhurande Mahlupeko, who cited Parliament of Zimbabwe and President Mnangagwa as respondents. This development raises significant questions about the validity of the amendment and its implications for the country's governance structure.

Introduction

Vhurande Mahlupeko, a member of the National Constitutional Assembly (NCA) National Executive Committee, has approached the Constitutional Court of Zimbabwe seeking an order to declare the recently enacted Constitution of Zimbabwe Amendment (No. 3) Act, 2026 null and void. The challenge was brought against Parliament of Zimbabwe and President Mnangagwa, who are respondents in this matter. This development is significant as it seeks to nullify President Mnangagwa's term extension, which was granted through the amendment.

Background

Constitutional Amendment No. 3 was enacted in 2026, granting an extension of President Mnangagwa's term. The amendment was passed by Parliament and signed into law by the President. However, the NCA has challenged the validity of the amendment, arguing that it is unconstitutional and should be nullified. This challenge raises questions about the role of Parliament and the President in amending the constitution.

Analysis

The challenge brought by the NCA has significant implications for the governance structure of Zimbabwe. If successful, it could lead to a re-evaluation of the amendment and potentially even its repeal. The court's ruling will be closely watched as it seeks to balance individual rights with the need for effective governance. However, the outcome of this matter has not yet been reported.

Conclusion

The challenge brought by the NCA highlights the ongoing debate about the role of Parliament and the President in amending the constitution. The court's ruling will be closely watched as it seeks to balance individual rights with the need for effective governance. Practitioners should continue to monitor this development, as it has significant implications for the country's governance structure.

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