Justiceface
Justiceface
Aug 28, 2026
Zimbabue

MDC Challenges Amendment Act No. 3 at Constitutional Court

The Movement for Democratic Change (MDC), led by Douglas Mwonzora, has filed a legal challenge with Zimbabwe's Constitutional Court against the Constitution of Zimbabwe Amendment Act No. 3 of 2026 (CAAè). The party contends that the amendment unlawfully removes citizens' right to directly elect the President without conducting a mandatory referendum.

Background of the Amendment

CAAè, signed into law by President Emmerson Mnangagwa on July 7, 2026, introduces significant changes to Zimbabwe's electoral process. Notably, it shifts the election of the President from a direct popular vote to selection by Members of Parliament in a joint sitting of the Senate and the National Assembly. Additionally, the amendment extends the presidential term from five to seven years, effectively postponing the next presidential election to 2030.

MDC's Legal Arguments

The MDC's challenge centers on several key points:

  • Violation of the Right to Vote: The party argues that Section 3 of CAAè amends Section 92 of the Constitution, fundamentally altering the presidential election process. This change, they assert, infringes upon the right of citizens over 18 to vote in all elections and referendums, as guaranteed by Section 67(3)(a) of the Constitution.
  • Referendum Requirement: Since the right to vote is enshrined in the Bill of Rights, any amendment affecting it must comply with Section 328(6) of the Constitution, which mandates a referendum. The MDC contends that the government circumvented this requirement by not explicitly mentioning Section 67 in the amendment.
  • Indirect Election Concerns: The party challenges the notion that citizens retain the right to elect the President indirectly through their parliamentary representatives. They argue that this "Theory of the Unbroken Chain" is flawed, citing instances where voters have chosen parliamentary and presidential candidates from different parties.
  • Presidential Duty: The MDC alleges that President Mnangagwa failed in his constitutional duty under Section 110(2)(f) to call for a referendum once it became apparent that the Bill of Rights was affected. They claim he acted as a "rubber stamp" for Parliament.

Implications and Reactions

The MDC is seeking a declaration from the Constitutional Court that CAAè is unconstitutional and invalid on the grounds that it unlawfully alters a protected right without a referendum and that the President failed to uphold the Constitution. The amendments have been widely criticized by citizens, opposition parties, and civil society organizations as a major setback for democracy.

The Constitutional Court has yet to set a date for the hearing. This case is poised to have significant implications for Zimbabwe's democratic processes and the balance of power between the government and its citizens.