Zimbabwean President Extends Term via Constitutional Amendment No. 3 Bill

• The Zimbabwean President's term extension via the Constitution of Zimbabwe Amendment (No. 3) Act, 2026, which originated as the Constitutional Amendment No. 3 Bill, has passed into law.
• The Act extends the presidential term from five to seven years, allows that extension to benefit the incumbent President, and replaces direct popular election with election by a joint sitting of Parliament.
• The passage of the Act raises constitutional questions about the limits of amendment power and the role of Parliament in shaping the governance framework.

The Constitution of Zimbabwe Amendment (No. 3) Act, 2026, which originated as the Constitutional Amendment No. 3 Bill, has been criticized for not following the constitutional path, attempting instead to circumvent the referendum requirement under section 328(9).

The Zimbabwean President's term extension via the Constitution of Zimbabwe Amendment (No. 3) Act, 2026, which originated as the Constitutional Amendment No. 3 Bill, has passed into law, having secured the required two-thirds majority in both Houses of Parliament and received presidential assent. The Act includes several changes to the Zimbabwean Constitution, notably extending the presidential term from five to seven years, allowing that extension to benefit the incumbent President, and replacing direct popular election of the President with election by a joint sitting of Parliament. This development raises fundamental constitutional questions about the limits of amendment power and the role of Parliament in shaping the country's governance framework. The Act's passage was facilitated by a combination of legislative drafting and procedural maneuvering, which some argue undermines the Constitution's intended safeguards against presidential tenure extensions.

The Zimbabwean Constitution is designed to protect fundamental rights and establish a framework for governance that is accountable to the people. Section 328(7) of the Constitution explicitly prohibits amendments extending the length of time that a person may hold public office from applying to incumbents, a provision aimed at preventing presidents from altering constitutional rules to prolong their own tenure. However, the Constitution of Zimbabwe Amendment (No. 3) Act, 2026 attempts to circumvent this safeguard by inserting a new provision that declares the extended presidential term shall apply to the incumbent President, despite section 328(7). This drafting technique has been criticized for attempting to obtain indirectly what the Constitution requires to be done directly.

The passage of the Constitution of Zimbabwe Amendment (No. 3) Act, 2026 has significant implications for Zimbabwe's governance framework and the role of Parliament in shaping constitutional amendments. The Act's attempt to circumvent the referendum requirement under section 328(9) raises questions about the limits of amendment power and the potential for constitutional challenges to its passage. Lawyers are closely watching this development, as it may set a precedent for future attempts to extend presidential tenure or alter constitutional rules without following the prescribed procedures.

Lawyers should watch for potential constitutional challenges to the Bill's passage, as it attempts to circumvent the referendum requirement under section 328(9), and advise clients on the implications of this development for their tenure in office.

Source: Original reporting via Constitutional Circumvention and the Limits of Amendment Power: Reflections on Zimbabwe’s Constitution Amendment No. 3 Bill