Constitutional law veteran Tendai Biti speaks out as Zanu PF starts process to amend constitution for ED’s third term

Harare – Zimbabwe is teetering on the edge of a constitutional crisis as the ruling Zanu PF party intensifies its campaign to extend President Emmerson Mnangagwa’s rule beyond his second and final term, due to end in 2028.

The move has triggered alarm bells among opposition leaders and sparked a wave of concern about the future of democracy in the country.

While Mnangagwa has publicly maintained that he has no ambitions to stay in power beyond 2028, his actions have contradicted his words. He has done nothing to quell the growing chorus of supporters within Zanu PF who are pushing for either a two-year extension to his current term or the complete scrapping of term limits, allowing him to run for president again.

The divisive term limit rhetoric has already created new tensions within Zanu PF, with Vice President Constantino Chiwenga, who is known for his impatience, likely to lead the resistance against the plan.

The latest push for constitutional amendments came from Zanu PF’s Harare province, which passed a resolution at its provincial inter-district meeting on Sunday.

“The most critical issue which comes is that the constitution of Zimbabwe must be amended to enable him to continue to lead beyond 2028,” said Goodwills Masimirembwa, the provincial chairman.

“We are aware that there are constitutional limitations; first of all, it says the president serves for a maximum of two terms of five years each. There is that window of extending the number of years for each term, or tentatively we can remove the term limit from two terms to three terms or scrap the term limit altogether.”

Masimirembwa acknowledged that even if a constitutional amendment was made, it could not benefit the incumbent. However, he suggested that this limitation could also be amended to allow Mnangagwa to benefit from any changes to the term limits.

“That as well could be amended to ensure that the incumbent, in other words President Mnangagwa, benefits from any constitutional amendment which increases the number of years of a term or which scraps term limits,” he said.

The proposed constitutional amendment would require a two-thirds majority vote in parliament and a public referendum. However, legal experts have raised doubts about the legality of allowing an incumbent to benefit from such an amendment.

The move has drawn sharp criticism from opposition leaders, who see it as a direct assault on the country’s democratic institutions.

“It is now self-evident that the third term agenda is in full throttle. This is the biggest existential threat we face as citizens. The push for a third term will push the country to the brink,” said Tendai Biti, one of Zimbabwe’s finest constitutional law experts and former finance minister.

Biti called for a united front to defend the constitution, warning that the move could further erode Zimbabwe’s already fragile democracy.

“We have a fundamental difference on the efforts by some in Zanu PF and the opposition to extend the presidential and parliamentary terms,” said Douglas Mwonzora, the leader of the MDC-T, another opposition party.

“Zimbabwe has a constitution that is clear on this issue. We say no to the desecration of our constitution.”

The call for a third term for Mnangagwa has been met with widespread opposition, with many Zimbabweans expressing concern about the potential for further political instability and economic hardship.

The move is seen as a desperate attempt by President Mnangagwa’s benefactors within Zanu PF to cling to power, regardless of the consequences for the country.