Mwonzora says only state of emergency can extend term limits

President Emmerson Mnangagwa has no legal pathway to extend his term limits beyond 2028 unless he declares a state of emergency, a move that would suspend certain constitutional rights, leader of the Movement for Democratic Change (MDC) Douglas Mwonzora has said.

Mwonzora, a key figure in Zimbabwe’s constitutional drafting process, dismissed recent attempts by Zanu PF-aligned legislators to push for term limit extensions through parliamentary motions as legally void. 

He reiterated that any such amendment would require a national referendum, a hurdle Zanu PF is desperate to avoid.

Speaking at a press conference in Bulawayo, Mwonzora said Section 328 of the Constitution explicitly bars incumbents from benefiting from term-limit extensions without a referendum.

“The constitution is very clear about what needs to be done to amend the term limit clause,” Mwonzora said. 

READ: https://cite.org.zw/mnangagwa-cannot-run-for-a-third-term-or-benefit-from-term-limit-extension/

“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’s sharp rebuke of Justice Minister Ziyambi Ziyambi followed recent claims by Zanu PF officials that term limits could be altered through parliamentary processes alone, which he dismissed as a deliberate misreading of the law.

“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,” he said. 

“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 pointed to a video from Zanu PF’s National People’s Conference held in Bulawayo last year where former Justice Minister Patrick Chinamasa admitted extending term limits would require two referendums – one to amend the term-limit clause and another to allow Mnangagwa to benefit from the extension.

“Chinamasa, an accomplished lawyer, said it himself at their congress. But Ziyambi and his pro-2030 agenda group want to avoid a referendum because they are afraid of losing,” Mwonzora charged.

“They want to shortchange the constitution and amend it from Parliament. But Parliament does not initiate constitutional amendments. For you to amend the constitution, the minister of justice must bring a bill to Parliament. It’s not the other way round that Parliament must initiate the law , that is not correct,” he said.

The MDC leader also dismissed recent attempts by Zanu PF’s Energy Mutodi and CCC’s Charles Moyo to introduce a parliamentary motion on term limits as a “non-event.”

Mwonzora warned the only constitutional loophole allowing Mnangagwa to stay beyond 2028 would be declaring a state of emergency, a scenario where certain democratic rights could be suspended.

“The constitution does not say you can only serve for 10 years in one political party, it’s a cumulative term that you serve as president so forming another party won’t help him. But the only way that Mnangagwa can extend his term limit is he declares a state of emergency in the country in which case sometimes in a state of emergency, certain human rights are suspended,” he said, noting however that even under emergency powers, the constitution imposes strict time limits, making prolonged rule extensions difficult.

“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 took aim at Mnangagwa’s age, arguing Zimbabwe should not be subjected to leadership by nonagenarians.

“Mnangagwa is 83. In 2028, he will be 86. If he gets a third term, he will be 91. Why should Zimbabweans be subjected to that?” he asked. 

“Zimbabweans did not say they want to be ruled by geriatrics. This country has enough intelligent people to run its affairs.”

While distancing himself from the planned March 31 protests, touted by war veterans led by Blessed Geza, Mwonzora vowed the MDC would use all legal and peaceful means to block term-limit amendments.

“We are going to do a number of things. We can’t preempt what we are going to do but we will not be stopped by anyone. We will not be stopped by Minister Muswere and this government. We cannot be stopped by these arrests that are happening because our fight is righteous, we are preserving Zimbabwe’s constitution for the generations to come and we are stopping a dangerous precedent,” he said, quoting Vladimir Lenin’s Guerrilla Warfare: “There is no prescribed method of struggle, every method depends on the circumstances.”

Mwonzora stressed the MDC’s fight was not about Zanu PF’s internal succession battles but about protecting the constitution from dangerous precedents.

“We are not on anyone’s side. We are defending the constitution drafted by the people,” he said, raising concerns over Mnangagwa’s recent declaration of ‘Munhumutapa Day’ on his birthday, “Does the president want to make himself a king like Mutapa? Zimbabweans must be worried.”