Zimbabwe’s Constitutional Court has postponed two applications challenging President Emmerson Mnangagwa’s proposed term extension. The court rescheduled the hearings for Wednesday, 18 November.
The postponement will allow the bench to be reconstituted without additional judges appointed under the disputed constitutional amendment. The legal challenges were filed by Prince Dubeko Sibanda and Vhurande Mahlupeko.
Both applicants are seeking direct access to challenge the Constitution of Zimbabwe Amendment (No. 3) Act. Their cases raise separate constitutional arguments against the proposed changes.
Why the two applicants are challenging the amendment
Speaking outside court, their lawyer, Lovemore Madhuku, explained how Wednesday’s proceedings were postponed. The hearing was originally scheduled to begin at 9.30 am.
However, lawyers attended a case management meeting with the Deputy Chief Justice before proceedings could begin. Madhuku said Sibanda’s application focuses on Section 328(7) of the Constitution.
The provision, he argues, prevents constitutional amendments from extending the terms of serving presidents or current Members of Parliament. Therefore, Sibanda believes the proposed changes cannot benefit the current officeholders.
Meanwhile, Mahlupeko has raised wider concerns about how Parliament handled the amendment. He argues that lawmakers introduced approximately 10 additional provisions during the parliamentary process.
According to his application, those provisions were absent from the original bill published in the Government Gazette on 16 February.
Consequently, Mahlupeko believes the changes violated the constitutional process and invalidated the entire amendment.
Government and Parliament defend the changes
The two applicants are challenging the legality of the amendment from different constitutional angles. However, the Government and Parliament maintain that the process followed was lawful. Madhuku confirmed the opposing positions while explaining the dispute outside the court.
“The Government and Parliament are arguing that that is proper, what we did. We are arguing that it is not proper,” Madhuku said.
The Constitutional Court will now hear the applications on 18 November. The outcome could have significant implications for the proposed constitutional changes and Mnangagwa’s political future.
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