Innocent Sibonginkosi Ncube | Zim GBC News Editor
A complex constitutional debate has emerged following claims by political commentator Professor Jonathan Moyo that ZANU-PF could legally extend President Emmerson Mnangagwa’s current term without a referendum, potentially keeping him in office until 2030.
Professor Moyo argues that the ruling party could amend section 95(2)(b) of the Constitution through a two-thirds parliamentary majority alone, changing the presidential term length from five to seven years. He bases this on a distinction between “term limits” and “term lengths,” asserting that only amendments to term-limit provisions require a national referendum.
“The term-limit clause (Section 91(2)) limits the number of terms a person may serve, not the duration of each term,” Professor Moyo stated on his X platform.
“Adjusting the duration (Section 95(2)(b)) can be done by a two-thirds parliamentary majority (Section 328(5)).”
This position has been challenged by opposition politicians, including David Coltart, who cited sections 328(6), (7), (8) and (9) of the constitution. Coltart argued that “the effect of which is to extend” makes it clear that any constitutional amendment extending a presidential term must go beyond a parliamentary majority and require two referendums where it involves an incumbent.
“It is simply disingenuous for anyone to suggest that the Zanu PF resolution in Bulawayo last year calling for an extension of President Mnangagwa’s term can lawfully circumvent the two referenda provision,” Coltart said.
Professor Moyo countered that Coltart had confused the two concepts, pointing to the 2021 Constitutional Court decision in Marx Mupungu versus Minister of Justice as precedent.
“The Constitution’s sole presidential term limit on the officeholder lies in section 91(2)’s two-term bar, which would remain untouched by a term length amendment to section 95(2)(b),” he explained.
Meanwhile, constitutional scholar Dr. Justice Mavedzenge outlined another potential pathway during a CITE X Space discussion titled “Vision 2030 or Power Extension: Decoding Zanu PF Endorsements.” He suggested President Mnangagwa could resign before completing three years of his current term, triggering provisions that would allow a temporary replacement while keeping open the possibility of his return.
“The Constitution says that a full term for the president is anything from three years and above. If a president serves less than three years, that period is not considered a full term,” Dr. Mavedzenge explained.
“If President Mnangagwa were to serve only up to around September 2026, that would not count as a full term, making him constitutionally eligible to contest again.”
Political analyst Mxolisi Ncube expressed concern over these discussions, calling them “signs of creeping authoritarianism” where the ruling party is testing constitutional loopholes to prolong its stay in power.
He emphasized that “any amendment extending Mnangagwa’s current term should be subject to broad public consultation.”
Dr. Mavedzenge also warned that Zimbabwe’s constitutional protections remain vulnerable due to weak democratic institutions.
“Without the infrastructure of a strong opposition, a strong civil society, independent courts, the constitution is meaningless,” he said.
“We have to pay attention to the infrastructure. Democracy only works if the infrastructure to defend it is in place.”
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