Zimbabwe top Court hears bid to overturn “law that stripped citizens of right to elect President”

**HARARE-(MaraviPost)-**Zimbabwe’s Constitution Defenders Forum (CDF) has called for mass solidarity at the Constitutional Court this morning as judges hear a landmark challenge to sweeping constitutional changes that critics say erode citizens’ right to elect their President.

Case No. CCZ278/26, brought by Eliphas Kawa and Hazvineyi Machingura against the Minister of Justice, Parliament, the President and the Attorney General, will be heard on Monday, 2 November 2026.

The application seeks direct access to the Constitutional Court for a declaration of constitutional invalidity, raising two core questions that have triggered national debate:

First, that Constitutional Amendment Act 3 (CAB3) cannot strip citizens of their right to elect a President of their choice under Section 67 of the Constitution without a referendum.

Second, that the President’s appointment of 10 senators violates the basic structure of the Constitution.

The CDF said the hearing transcends legal procedure.

“This is more than a court appearance: it is an opportunity to demonstrate our collective commitment to defending the Constitution,” the Forum said in a statement.

“As Zimbabweans, we must never outsource the defence of our Constitution. The Constitution belongs to the people, and its defence is a collective responsibility. The Constitution is only as strong as the will of the people to defend it.”

The group urged all constitutional defenders, human rights activists, civic society organisations and citizens to attend in solidarity.

“CAB3 may have been signed into law but the fight is far from over,” it said.

The case is seen as the most significant test yet of the controversial third amendment, which has drawn sharp scrutiny from legal scholars and opposition groups over executive overreach and parliamentary process.

The Constitutional Court is expected to first determine whether the matter merits direct access before considering the substantive constitutional arguments.

WHAT IS CAB3 AND WHY IT MATTERS

Signed into law by President Emmerson Mnangagwa on 7 July 2026, CAA3 is described by critics as the most far-reaching amendment to the 2013 Constitution since its adoption.

Its core changes are:

1. The end of direct presidential elections: Section 92 of the Constitution was repealed. The President will no longer be elected by the public. Instead, he will be elected by members of Parliament in a joint sitting of the Senate and National Assembly, acting as an Electoral College. The law abolishes Zimbabwe’s system of direct presidential elections, replacing it with an indirect process.

2. Extension of terms: Presidential and parliamentary terms were extended from five to seven years. The law states the extension applies to current office-holders, despite Section 328(7) of the Constitution which says amendments extending a term cannot benefit incumbents.

3. A bigger, presidentially-appointed Senate: The Senate was expanded from 80 to 90 members, with the President empowered to appoint 10 additional senators “chosen for their professional skills”. This is the second plank of tomorrow’s challenge.

4. Overhaul of electoral and judicial institutions: Voter registration was transferred from the Zimbabwe Electoral Commission (ZEC) to the Registrar-General, a new Delimitation Commission to draw electoral boundaries was created, and the President can now appoint the Prosecutor-General without advice from the Judicial Service Commission.

Government says the changes modernise institutions. Critics, including constitutional lawyer Prof Lovemore Madhuku, say “You cannot take away the right of Zimbabweans to elect their president directly without a referendum”.

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