Constitution of Zimbabwe Amendment (No. 3) Bill, 2026
Parliament of Zimbabwe
  • Constitution of Zimbabwe Amendment (No. 3) Bill, 2026
CitationH.B. 1 of 2026
Territorial extentZimbabwe
Legislative history
Bill titleConstitution of Zimbabwe Amendment (No. 3) Bill, 2026
Bill citationH.B. 1 of 2026
Introduced16 February 2026
Committee responsiblePortfolio Committee on Justice, Legal and Parliamentary Affairs
Amends
Constitution of Zimbabwe
Related legislation
  • Constitution of Zimbabwe Amendment (No. 1) Act 2017
  • Constitution of Zimbabwe Amendment (No. 2) Act 2021
Summary
Proposed constitutional amendments including replacement of direct popular election of the President with election by a joint sitting of Parliament, extension of presidential, parliamentary and local authority terms from five to seven years, enlargement of the Senate with ten presidential appointees, establishment of a new Electoral Delimitation Commission, transfer of voters' roll functions to the Registrar-General, and repeal of the Gender Commission and National Peace and Reconciliation Commission.
Keywords
Constitutional amendment, presidential term limits, devolution, electoral reform, Zimbabwe
Status: Pending


The Constitution of Zimbabwe Amendment (No. 3) Bill, officially titled the Constitution of Zimbabwe Amendment (No. 3) Bill, 2026 (H.B. 1 of 2026), is a proposed constitutional amendment bill introduced in the Parliament of Zimbabwe in February 2026.

The Bill seeks to make wide-ranging changes to the 2013 Constitution, including replacing the direct popular election of the President with election by a joint sitting of Parliament, extending the terms of office of the President, Parliament and local authorities from five to seven years, enlarging the Senate and allowing the President to appoint ten additional senators on the basis of professional skills, establishing a new Zimbabwe Electoral Delimitation Commission, transferring responsibility for the voters’ roll to the Registrar-General, and repealing the Zimbabwe Gender Commission and the National Peace and Reconciliation Commission. The Bill was published in a Government Gazette Extraordinary on 16 February 2026, triggering the 90-day public consultation period required by section 328(3) of the Constitution.[1][2]

The government has described the amendments as "constructive reforms" intended to reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates, promote long-term stability and align the Constitution with contemporary African constitutional practices. Critics, including opposition parties, civil society organisations and independent constitutional analysts, argue that the changes would erode democratic gains of the 2013 Constitution, reduce public participation in presidential selection, weaken checks and balances, and potentially extend the current President’s tenure until 2030.[3]

As of 1 April 2026 the Bill remains at the public consultation stage. Once the hearings conclude and the relevant Portfolio Committee compiles its report, the Bill will be formally introduced in the National Assembly for debate. Passage requires a two-thirds majority in both the National Assembly and the Senate; certain entrenched provisions may also require a referendum under section 328.

Background

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The Bill follows the Constitution of Zimbabwe Amendment (No. 2) Act 2021 and forms part of ongoing efforts by the ZANU–PF-led government to refine the 2013 Constitution. It is closely linked to the ruling party's "2030 agenda", which was adopted at the ZANU–PF annual people's conference in Bulawayo in 2024 and aims to provide long-term political stability and policy continuity for the implementation of Zimbabwe's national development blueprint, Vision 2030. The government has presented the amendments as necessary to reduce "election-related toxicity" and create an enabling environment for sustained economic transformation under Vision 2030, which seeks to turn Zimbabwe into an upper-middle-income economy by 2030.[4][5]

Cabinet approved the draft on 10 February 2026. Speaker of Parliament gave notice of its publication on 16 February 2026, and it appeared in a Government Gazette Extraordinary the same day. Under section 328 of the Constitution, the Bill must undergo a mandatory 90-day period of public consultation before it can be formally introduced in the National Assembly.[6]

President Emmerson Mnangagwa has on several occasions described himself as a "constitutionalist" and pledged, including at his 2018 inauguration and in subsequent public statements, to respect the 2013 Constitution and not serve more than the two five-year terms it permits. Despite these commitments, the Bill's transitional provisions would extend the current presidential term from five to seven years, allowing him to remain in office until 2030, instead of 2028 when he is due to leave office under the current provisions.[7][8]

Key provisions

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The Bill contains 21 clauses that amend or repeal various sections of the Constitution. The major proposed changes are as follows:[9][10]

  • Election of the President (Clause 2): Section 92 is repealed and replaced so that the President is elected by members of Parliament in a joint sitting of the Senate and the National Assembly. A candidate must secure more than half the valid votes; if no candidate does so, a run-off is held between the two candidates with the highest votes. The Chief Justice or a designated judge presides, and the procedure follows the Standing Rules and Orders of Parliament.
  • Extension of terms of office (Clauses 3, 7 and 8): The term of office of the President (section 95), Parliament (section 143) and local authorities (section 158) is extended from five to seven years. Transitional provisions state that the new seven-year term applies to the continuation in office of the current President, Senate and National Assembly, notwithstanding the general prohibition on retroactive amendment of term limits in section 328(7).
  • Senate composition (Clause 6): The Senate is enlarged from 80 to 90 members. The President is empowered to appoint ten additional senators chosen for their professional skills and competencies.
  • Electoral matters (Clauses 9–12): A new Zimbabwe Electoral Delimitation Commission is established to take over the delimitation of constituencies and wards from the Zimbabwe Electoral Commission. Responsibility for voter registration and maintenance of the voters’ roll is transferred to the Registrar-General.
  • Judicial appointments and jurisdiction (Clauses 13–14): The appointment process for judges is altered so that the President appoints them after consulting the Judicial Service Commission (removing certain public-interview and shortlist requirements). The Constitutional Court is given jurisdiction to hear any other matter involving a point of law of general public importance.
  • Repeal of commissions (Clauses 17–18 and 21): The Zimbabwe Gender Commission and the National Peace and Reconciliation Commission are repealed, with their functions transferred to the Zimbabwe Human Rights Commission.

Other clauses make technical adjustments to the Attorney-General's qualifications, the functions of the Defence Forces, the Prosecutor-General’s appointment and the code of conduct for traditional leaders.

Public consultation and hearings

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Section 328(4) of the Constitution requires Parliament to invite public views through public meetings and written submissions and to provide adequate facilities for citizens to express their views. Public hearings on the Bill commenced on 30 March 2026 and were initially scheduled to run until 4 April 2026—one meeting per administrative district, each lasting under three hours. Written submissions may be sent to the Clerk of Parliament until 17 May 2026.[11]

Day one of the hearings on 30 March 2026 was marked by venue chaos, overcrowding and political tension, according to observers. In Bulawayo, the City Hall venue proved significantly undersized relative to the large number of attendees. Allegations emerged that many participants had been bussed in from outside the city, raising concerns about the authenticity of public representation. The absence of a standardised, transparent process for selecting speakers from the floor raised concerns about perceived partiality.[12]

At the Bulawayo City Hall hearing, former cabinet minister and Bulawayo Mayor David Coltart and veteran activist Judith Todd, daughter of former Rhodesian Prime Minister Sir Garfield Todd, were denied the opportunity to speak despite arriving on time and attempting to contribute. Coltart, who sat in the front row and repeatedly raised his hand, stated that the chair "studiously ignored both Judith Todd and me". The meeting was brought to an abrupt end at approximately 11:30, preventing both from presenting their views. Coltart described the incident as a deliberate exclusion that undermined the credibility of the process.[13]

In Harare, chaos erupted at the City Sports Centre hearing. Human rights lawyer Douglas Coltart (son of David Coltart) was assaulted by suspected ZANU–PF supporters while attempting to leave after trying to make submissions. He was manhandled, his phone and glasses were stolen, and the incident was captured on video. Two ZANU–PF officials — Nicholas Hamadziripi and central committee member Luckmore Tinashe Gapa, a former ZANU-PF parliamentary candidate — were identified in connection with the attack. The assault drew widespread condemnation and calls for accountability.[14]

Broader concerns have been raised about the compressed nature of the hearings, which are being held at district level rather than constituency level and scheduled over just a few days. Independent analysts and constitutional watchdogs argue that this approach fails to meet the constitutional requirement under section 328(4) for meaningful public participation, as each district receives only one short meeting (often under three hours) regardless of population size or number of constituencies. They claim this risks producing a process in which minority or managed views are presented as national consensus and increases the potential for intimidation or suppression of dissenting voices.[15][16]

Legal challenges contesting procedural aspects of the Bill’s introduction have already been filed in the Constitutional Court. These include applications by activists represented by Lovemore Madhuku questioning the validity of Cabinet’s approval process and by former Member of Parliament Prince Dubeko Sibanda challenging specific clauses as inconsistent with section 328 of the Constitution.[17][18]

Reactions

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The government and ZANU–PF have welcomed the Bill as a modernisation measure that will reduce "election-related toxicity", allow more time for development projects and bring Zimbabwe into line with practices in other African democracies. The official memorandum accompanying the Bill describes the proposed changes as "constructive reforms" that "reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates" and harmonise Zimbabwe’s constitutional order with "tested and successful practices in other progressive jurisdictions".[19]

Supporters, including the ZANU–PF Youth League, have described the Bill as promoting stability and national development. The Youth League and some traditional leaders have publicly endorsed the amendments, arguing they are essential for long-term policy continuity and the successful implementation of major infrastructure and economic projects.[20]

Opposition parties have strongly criticised the Bill. Leaders from the Citizens Coalition for Change (CCC), including Tendai Biti and Jameson Timba, have described the amendments as an attempt to centralise power in the executive, diminish the role of the electorate in choosing the President and undermine institutional independence. Douglas Mwonzora of the MDC Alliance and other opposition figures have similarly condemned the proposals, with some withdrawing from public hearings and announcing plans for mass action against the Bill.[21][22]

Civil society groups have expressed strong concerns. The National Constitutional Assembly (NCA), the Constitutional Defenders Forum, convened by Tendai Biti, Zimbabwe Lawyers for Human Rights and the Zimbabwe Peace Project have warned that the amendments erode the democratic gains of the 2013 Constitution, weaken checks and balances and that the compressed public hearing process, combined with reports of intimidation and violence, undermines meaningful participation.[23]

Legal experts have been particularly vocal in their criticism. Constitutional lawyer and NCA leader Professor Lovemore Madhuku has described the proposed amendments as "totally unacceptable" and has filed court applications challenging the Bill’s procedural validity, stating that the movers have "no respect for the people". Human rights lawyer and constitutional analyst D. Tinashé Hofisi has characterised the Bill as "executive consolidation by constitutional disruption", arguing that it weakens public participation in presidential selection and undermines the separation of powers enshrined in the 2013 Constitution.[24][25]

References

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  1. "Constitution of Zimbabwe Amendment (No. 3) Bill, 2026" (PDF). Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  2. "Publication of Constitution of Zimbabwe Amendment (No 3) Bill". Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  3. "Constitution of Zimbabwe Amendment (No. 3) Bill, 2026" (PDF). Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  4. "Zimbabwe cabinet approves plan to extend Mnangagwa's rule till 2030". Al Jazeera. 10 February 2026. Retrieved 1 April 2026.
  5. "Zimbabwe cabinet backs bill that would extend Mnangagwa's rule till 2030". Reuters. 10 February 2026. Retrieved 1 April 2026.
  6. "Publication of Constitution of Zimbabwe Amendment (No 3) Bill". Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  7. Hofisi, D. Tinashé (19 March 2026). "Executive Consolidation by Constitutional Disruption: The Constitution of Zimbabwe Amendment Bill No.3". ConstitutionNet. Retrieved 1 April 2026.
  8. "Zimbabwe cabinet approves plan to extend Mnangagwa's rule till 2030". Al Jazeera. 10 February 2026. Retrieved 1 April 2026.
  9. "Constitution of Zimbabwe Amendment (No. 3) Bill, 2026" (PDF). Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  10. "Publication of Constitution of Zimbabwe Amendment (No 3) Bill". Veritas Zimbabwe. 16 February 2026. Retrieved 1 April 2026.
  11. "CONSTITUTION WATCH 3-2026 - Schedule of public hearings on Constitution Amendment Bill". Veritas Zimbabwe. Retrieved 1 April 2026.
  12. "We were ignored – opposition leaders cry foul over Constitutional Amendment Bill public hearings". NewZimbabwe.com. 30 March 2026. Retrieved 1 April 2026.
  13. "We were ignored – opposition leaders cry foul over Constitutional Amendment Bill public hearings". NewZimbabwe.com. 30 March 2026. Retrieved 1 April 2026.
  14. "Senior Zanu PF Official Snatches Lawyer Doug Coltart's Phone During Public Hearing on Constitutional Amendment Bill". ZimEye. 1 April 2026. Retrieved 1 April 2026.
  15. "CONSTITUTION WATCH 4-2026 – Constitution of Zimbabwe Amendment (No 3) Bill – Public Hearings Constitutionally Inadequate". Veritas Zimbabwe. 30 March 2026. Retrieved 1 April 2026.
  16. "Venue chaos, arrest fears, mar day one of Constitutional Amendment Bill public hearings – ERC". NewZimbabwe.com. 31 March 2026. Retrieved 1 April 2026.
  17. "CONSTITUTION WATCH 4-2026 – Constitution of Zimbabwe Amendment (No 3) Bill – Public Hearings Constitutionally Inadequate". Veritas Zimbabwe. 30 March 2026. Retrieved 1 April 2026.
  18. "Former MP Files Constitutional Court Challenge Against Bill 3". ZiGoats. 1 March 2026. Retrieved 1 April 2026.
  19. "Constitution of Zimbabwe Amendment (No 3) Bill, 2026 (draft) – Memorandum". Veritas Zimbabwe. February 2026. Retrieved 1 April 2026.
  20. "ZANU PF rallies its base for Constitutional Amendment Bill as opposition flounders". NewZimbabwe.com. March 2026. Retrieved 1 April 2026.
  21. "We were ignored – opposition leaders cry foul over Constitutional Amendment Bill public hearings". NewZimbabwe.com. 30 March 2026. Retrieved 1 April 2026.
  22. "Violent attack at Biti's law firm over resistance to proposed constitutional changes". NewZimbabwe.com. 7 March 2026. Retrieved 1 April 2026.
  23. "ZCTU pleads with Parliament, Rights Commission as torture cases over constitutional amendments escalate". NewZimbabwe.com. 3 March 2026. Retrieved 1 April 2026.
  24. Hofisi, D. Tinashé (19 March 2026). "Executive Consolidation by Constitutional Disruption: The Constitution of Zimbabwe Amendment Bill No.3". ConstitutionNet. Retrieved 1 April 2026.
  25. "We were ignored – opposition leaders cry foul over Constitutional Amendment Bill public hearings". NewZimbabwe.com. 30 March 2026. Retrieved 1 April 2026.