Bulawayo-based rights organisation, Ibhetshu Likazulu, has withdrawn its Constitutional Court challenge against the proposed Constitutional Amendment Number 3, which seeks to extend President Emmerson Mnangagwa’s term beyond 2028, citing an “unrelenting smear campaign” against its leadership.
Ibhetshu LikaZulu Secretary General, Mbuso Fuzwayo, announced the withdrawal on Monday with immediate effect, describing it as a difficult decision taken following advice from stakeholders concerned about efforts to soil the reputation of both the organisation and himself personally.
“It is a difficult decision we had to take following advice from some of our stakeholders concerned in light of an unrelenting smear campaign to soil the reputation of the organisation and myself as its secretary general in particular,” Fuzwayo said in a statement.
However, the group insists the withdrawal does not mark a retreat from its opposition to constitutional changes that could allow President Mnangagwa to extend his rule beyond the constitutionally mandated 2028 limit.
Fuzwayo insisted the withdrawal of the case from the Constitutional Court of Zimbabwe should not be interpreted as a concession in the broader fight against the proposed constitutional changes.
“This termination of the court route does not in any way mean that as Ibhetshu LikaZulu we are abandoning our strong opposition to the 2030 agenda and its mutilation of the constitution.”
He said the organisation would continue resisting the proposed amendment alongside other constitutional activists.
“We continue the fight by other means together with other constitution defenders who have made a stand against among other things the extension of President Mnangagwa’s term beyond 2028. In that regard, we support colleagues who have also taken the matter to court, especially those represented by Professor Lovemore Madhuku.”
Prof Madhuku and his associates have also mounted a separate legal challenge against the proposed amendment.
Fuzwayo said the decision to abandon the legal route came after a sustained campaign of misinformation and reputational attacks surrounding the case.
“It is unfortunate but expected that this struggle for constitutionalism has turned ugly and hazardous. Our genuine court application has been subverted through vicious propaganda by negative forces bent on sowing division, mistrust and suspicion within and among our members and the general public,” he lamented.
Fuzwayo also rejected allegations that the court challenge was secretly backed by political actors aligned with the government.
“We reiterate our position that both at individual level and as an organisation, we have neither engaged nor received any support from regime enablers in the past or present,” he said.
The activist added the organisation remained committed to defending constitutionalism despite the controversy surrounding the case.
“Nothing and absolutely nothing can change our set goals and the fight for justice and the upholding of the rule of law and respect of human rights in Zimbabwe. The setbacks we suffer do not discourage us, but they strengthen our resolve and commitment to our goals,” Fuzwayo said.
This withdrawal follows weeks of public debate and controversy around the court challenge filed by Fuzwayo and Ibhetshu Likazulu.
The case was initially brought before the Constitutional Court to challenge plans by the ruling Zanu PF to extend President Mnangagwa’s tenure through constitutional changes associated with the “2030 ambition”.
Critics of the legal action accused Fuzwayo of fronting what they described as a “sham” court application designed to fail and thereby create a legal opening for the proposed extension.
Fuzwayo strongly dismissed the allegations, describing them as unfounded.
He said the controversy erupted after a draft version of the Constitutional Court application was leaked online while still being refined.
According to Fuzwayo, the leak triggered widespread speculation and allowed opportunistic actors to claim that the court challenge was part of a hidden political agenda.
Fuzwayo said individuals who previously supported President Mnangagwa’s rise to power during the 2017 coup were among those now criticising the case.
The controversy intensified last week after Advocate Method Ndlovu formally withdrew as counsel representing Fuzwayo and Ibhetshu Likazulu in the Constitutional Court matter.
In a letter dated March 5, 2026, Advocate Ndlovu informed Fuzwayo’s lawyer, Nqobani Sithole that he was withdrawing from the case with immediate effect.
The letter, written on behalf of Apex Legal Group of Advocates, cited a breakdown in trust, unpaid legal fees and reputational risks linked to the litigation.
Advocate Ndlovu claimed he had initially warned both Sithole and political analyst, Prof Jonathan Moyo about potential reputational risks associated with the case.
He said he had agreed to act only after receiving assurances, which he later claimed were not honoured.
According to Advocate Ndlovu, after the Constitutional Court granted direct access in the matter, he was informed payment for his services could not be made despite his understanding that funds had already been received in connection with the case.
In an interview with CITE then, Fuzwayo rejected the advocate’s claims, arguing he had not directly engaged Ndlovu and wondered what he was up to.
Fuzwayo said the advocate had been hired by his lawyer, Sithole, and therefore any contractual arrangements were handled through legal counsel.
“The constitutional case was mine as the applicant, and Advocate Ndlovu was engaged by my lawyer,” Fuzwayo said.
He also alleged the withdrawal letter was leaked after Advocate Ndlovu had already been informed that they intended to disengage him from the case on professional grounds.
Meanwhile, Prof Moyo also denied any involvement in the legal challenge after Ndlovu’s letter described him as the “principal architect” of the case.
Writing on social media platform X, Prof Moyo dismissed Advocate Ndlovu’s claims as baseless and criticised the authenticity of his letter.
Prof Moyo said he had never met Advocate Ndlovu and had no professional relationship with him.
“The sole occasion on which we communicated directly was during a December 2025 call into which he was inserted without prior notice,” Prof Moyo wrote.
Despite withdrawing from the court process, Fuzwayo said Ibhetshu Likazulu would continue mobilising support against the amendment and work with other civil society groups to defend the constitution.
“As Ibhetshu Likazulu we continue to draw lessons from all experiences, good and bad… But we shall soldier on and remain focused,” Fuzwayo said.
Support CITE’s fearless, independent journalism. Your donation helps us amplify community voices, fight misinformation, and hold power to account. Help keep the truth alive. Donate today