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OpenMnangagwa Cannot Extend Term Without National Referendum, Says Mwonzora
MDC president Douglas Mwonzora has said President Emmerson Mnangagwa has no legal pathway to extend his term beyond 2028 unless he declares a state of emergency.
Mwonzora, who co-chaired the Constitutional Parliamentary Committee (COPAC) responsible for drafting Zimbabwe’s 2013 Constitution, which replaced the Lancaster House Constitution of 1979, dismissed recent attempts by ZANU PF-aligned legislators to push for term limit extensions through parliamentary motions, calling them legally invalid.
He asserted that any such amendment would require a national referendum, a step ZANU PF is keen to avoid.
Speaking at a press conference in Bulawayo, Mwonzora pointed out that Section 328 of the Constitution explicitly prohibits incumbents from extending their terms without a referendum. He said:
The constitution is very clear about what needs to be done to amend the term limit clause.
All lawyers of substance agree on that point. (Professor Lovemore) Madhuku agrees, I agree, (Professor) Welshman (Ncube) agrees, Tendai Biti agrees, (Patrick) Chinamasa agrees.
But half-baked lawyers like Ziyambi Ziyambi will say things that do not make sense. That’s the problem with being a laboratory assistant, then studying law by correspondence and wanting to speak authoritatively on the constitution.
Mwonzora strongly criticized Justice, Legal, and Parliamentary Affairs Minister Ziyambi Ziyambi after ZANU PF officials claimed that term limits could be changed through parliamentary processes alone. Mwonzora called this a deliberate misunderstanding of the law. He said:
Ziyambi is very, very wrong. The constitution says the clause that deals with term limits must be amended in the same manner as the Bill of Rights, through a referendum.
We wrote it in convoluted language because we did not want the government at the time to notice during the drafting. Coincidentally, the drafting was done here in Bulawayo.
Mwonzora also referred to a video from ZANU PF’s National People’s Conference in Bulawayo last year, where former Justice Minister Patrick Chinamasa acknowledged that extending term limits would require two referendums – one to amend the term-limit clause and another to allow Mnangagwa to benefit from the extension.
He accused Ziyambi and the pro-2030 agenda group of wanting to avoid a referendum out of fear that they would lose.
Mwonzora warned that the only constitutional way for Mnangagwa to stay in power beyond 2028 would be by declaring a state of emergency, a move that could lead to the suspension of certain democratic rights. He added:
But we were very clear in the constitution, very careful, that a state of emergency had to have a time limit, a length of time.
Maybe if they start havoc, if they start disorder themselves, and it’s not beyond them, they can start disorder and have a state of emergency, but apart from that, there is no other legal way that Mnangagwa can extend his term of office.
Mwonzora also pointed out that Mnangagwa is currently 83, and by 2028, he will be 86. If he were to secure a third term, he would be 91.
He questioned why Zimbabweans should be subjected to such leadership, adding that the country has enough capable and intelligent young people to govern its affairs, and that Zimbabweans did not ask to be ruled by “geriatrics”.
More: CITE
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