Harare – Former Binga North legislator,Prince Dubeko Sibanda has filed a court challenge against the amendment of the Zimbabwe constitution that aims to extend President Emmerson Mnangagwa tenure in office from 2028 to 2030.
Sibanda filed a constitutional court application challenging clauses 4 (b) and 9 (b) of the constitution amendment bill number 3 of 2026.
Sibanda argues that the inclusion of those clauses in the Amendment Bill renders the process illegal and unconstitutional for the clauses seek to override the constitutional safeguards contained in section 328 of the constitution.
Sibanda argues that the insertion of the phrase “notwithstanding section 328 (7)” in the amendment bill’s attempt to change the 5 year presidential limit in section 95 (2) and the 5 year parliamentary term limit in section 143 (1) to benefit Mnangagwa and current parliamentarians is an illegal and unconstitutional exercise that needs to be stopped since it renders the whole process unconstitutional.
Sibanda prays that the constitutional court orders the withdrawal of the bill and the expunging of clauses 4 (b) and 9 (b) before the bill is taken to the people for consultations or to parliament for debate.
While acknowledging parliament’s powers to amend the constitution, Sibanda argues that parliament cannot amend the constitution illegally by circumventing constitutional provisions that restrict the exercise of that function.
He argues that parliament cannot override constitutional provisions by simply prefixing “notwithstanding” to any provision that drafters of constitution amendment bills deem inconvenient to achieving their goals.
The controversial constitutional amendment number 3 has been approved for public scrutiny by the cabinet which will be debated before a voting takes place in parliament.
Former MP Prince Dubeko Sibanda challenges in court Zimbabwe constitution amendment number 3
