Innocent Sibonginkosi Ncube | Zim GBC News
HARARE – As Zimbabweans pin their hopes on courtroom battles to halt the controversial Constitutional Amendment Bill No. 3, legal analysts are warning that the judiciary alone cannot be relied upon to block the proposed changes, given recent history where technical compliance has coexisted with substantive injustice.
At least two legal challenges are currently orbiting the amendment. The first targets ZANU PF’s Resolution No. 1—the political foundation of the Bill—filed before the legislation was even drafted. The second challenge comes from War Veterans, represented by constitutional scholar and opposition leader Professor Lovemore Madhuku, who has already vowed to disregard any court ruling in favour of the Bill.
Political analyst Reason Wafawarova has sounded alarm bells over what he describes as an over-reliance on judicial intervention.
“We are approaching this same judicial system to halt—or at least subject to referendum—a constitutional amendment with enormous political consequences. What are the realistic possibilities?” Wafawarova questioned.
He outlined several scenarios: the court may dismiss the challenges on technical grounds, hold that Parliament’s power to amend is broad and political, decline to order a referendum, or delay until political reality overtakes legal process.
“None of these scenarios require conspiracy. They require only precedent,” he said.
Wafawarova pointed to recent constitutional adventures as cautionary tales.
The Recall Precedent
He recalled the recall saga involving former MDC-T leader Douglas Mwonzora, who was legally empowered to recall Members of Parliament from a larger opposition party.
“Winning MPs were recalled. By-elections followed. The ruling party benefited handsomely,” Wafawarova noted.
Fast forward to 2023, and an unknown individual wrote a letter to the Speaker claiming to be Secretary-General of a newly formed opposition party and recalled MPs.
“Court challenges are filed. And our courts validate the recall. If this reads like satire, it is only because reality has developed a wicked sense of humour,” he observed.
The Chegutu West Masterclass
The analyst also revisited the Chegutu West case of 2018, where Dexter Nduna was declared winner despite the Zimbabwe Electoral Commission admitting a tabulation error. The rightful winner’s petition was dismissed on technical grounds.
“Thus was born a uniquely Zimbabwean legal doctrine: even when we are wrong, we are procedurally correct,” Wafawarova remarked.
Public Consultations Underway
Meanwhile, Parliament has officially invited public comments on Amendment No. 3, in compliance with Section 328(4) of the Constitution. The provision requires Parliament to invite members of the public to express their views through public meetings and written submissions before any constitutional bill is passed.
Comments must be submitted to clerk@parlzim.gov.zw or physically at Parliament Building in Mt Hampden by Friday, 15 May 2026. Public hearings will be announced in due course.
The Referendum Question
Wafawarova argued that a constitutional term extension fundamentally alters the social contract and requires popular endorsement.
“If the amendment enjoys genuine popular support, a referendum should be a celebration—not a threat. The reluctance to consult the people suggests an anxiety that legal arithmetic may not match political sentiment,” he said.
The Hard Truth
The analyst cautioned Zimbabweans against placing all democratic eggs in the judicial basket.
“The Constitution is not self-executing. It does not defend itself. It does not rise indignantly from the pages of a court bundle. Courts operate within political ecosystems. When society is silent, courts are comfortable. When society is visibly engaged, courts tread more carefully.”
He called for lawful civic mobilisation, peaceful mass engagement, and relentless public discourse alongside legal challenges.
“Affidavits alone will not generate constitutional courage. Amendment No. 3 will not be stopped by clever argument alone. It will be stopped—if at all—by the visible insistence of citizens that the Constitution belongs to them.”
Wafawarova concluded with a rallying cry:
“Victory is in our hands. Victory is in the hands of the masses. Victory is in unified collective resistance. HOMELAND OR DEATH!”
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