Dubious court bid sparks outrage in Zimbabwe over Mnangagwa term extension plot

HARARE – A massive political storm has erupted in Zimbabwe following revelations that a Constitutional Court application challenging Zanu-PF’s bid to extend President Emmerson Mnangagwa’s term to 2030 may, in fact, be part of a covert plan to legitimise the extension through the courts.

The application was filed by Bulawayo-based activist Mbuso Fuzwayo, leader of the pressure group Ibhetshu Likazulu, and seeks to block the ruling party’s proposal to extend Mnangagwa’s tenure beyond the constitutional limit of two terms, which ends in 2028.

Fuzwayo and his organisation, represented by Advocate Method Ndlovu of Sithole Law Chambers, cite several high-ranking officials as respondents, including President Mnangagwa, Justice Minister Ziyambi Ziyambi, Speaker of Parliament Jacob Mudenda, and Attorney General Virginia Mabiza.

At the heart of the case is Zanu-PF’s 2024 national conference resolution, which directed the government to initiate constitutional amendments to extend the presidential term to 2030, citing continuity and stability.

The applicants argue that the resolution violates the Constitution, particularly Sections 56, 67, and 328, which protect political participation, equal protection under the law, and set strict conditions for altering presidential term limits.

They contend that the proposed amendment cannot lawfully proceed without a national referendum, as required by Section 328(7) for any changes that benefit an incumbent president.

The Constitutional Court has since granted the applicants leave for direct access, acknowledging the matter’s national significance.

“It threatens section 67 (political rights) by entrenching power without national referendums, infringing rights to free, fair elections and democratic participation, as the directive implies state-led changes skewing the electoral playing field.

“These infringements are imminent, given the Resolution’s explicit call for government action and supporting pronouncements (eg, the Minister of Justice’s commitments to implement, as reported in ZBC News and parliamentary discussions), necessitating the relief I crave,” the application stated.

Emerging reports have, however, cast a shadow over the application’s intent. Multiple sources allege that the case is not a genuine constitutional challenge, but a strategically engineered legal manoeuvre aimed at producing a dismissal that could later be used to justify the 2030 extension.

According to information obtained by journalists and political analysts, the initiative allegedly involves Zanu-PF insiders and legal actors close to government officials.

The application was reportedly drafted by a young advocate linked to Itayi Ndudzo, the Mashonaland East Minister of State and Zanu-PF legislator, and coordinated through Nqobani Sithole, lawyer to self-proclaimed Citizens Coalition for Change interim secretary-general Sengezo Tshabangu.

Fuzwayo is said to have been approached to front the case, initially believing it to be a legitimate challenge, before discovering broader political motives behind it.

The alleged objective, sources claim, is to secure a court dismissal that could be cited as legal precedent for the term extension, thereby creating a façade of judicial approval.

Legal experts have warned that if true, the scheme represents a serious abuse of judicial process, amounting to collusive or sham litigation, a situation where a court case is deliberately contrived to achieve a political or non-legal objective.

Constitutional and human rights lawyer Tendai Biti vowed to resist the plan which he said is meant to “mutilate the constitution and create a dynasty.”

“Shocked to learn that the regime through its proxies have in fact proceeded with its phantom application to aid and abate the 2030 Agenda. This is proof that 2030 Cabal is unrelenting in its quest to mutilate the Constitution and create a dynasty.

“We guarantee the regime that we will defend the constitution,” the former Finance Minister wrote on his X handle.

Interestingly, in the case’s background is an incident involving the petrol bombing of the Southern Africa Political Economy Series (SAPES) offices ahead of a news conference opposing the resolution two weeks ago.

The applicants argued that this incident highlighted the politically charged environment surrounding the extension debate.

Zanu-PF’s 21st and subsequent 22nd National Peoples Conferences have strongly backed the extension, citing the President’s leadership in achieving developmental milestones and socio-economic progress.