Why tinkering with term limits demands extreme caution

Legal experts in Zimbabwe have raised concerns about proposed constitutional changes, warning that they could weaken safeguards designed to limit executive power.

The Constitution of Zimbabwe Amendment Bill (No. 3), 2026 seeks to introduce several changes, including altering the method of electing the President and revising the composition of the Senate.

Some legal analysts argue that the proposals risk undermining key provisions of the 2013 Constitution, while government officials maintain that the reforms fall within Parliament’s constitutional mandate.

Constitutional law scholar and human rights lawyer Dr Justice Mavedzenge said the proposed amendments form part of what he described as a broader pattern in Zimbabwe’s political history.

“This is not the first time we have seen significant shifts in how power is organised in Zimbabwe,” he said.

Dr Mavedzenge referred to the disputed 2008 elections, which led to the formation of a Government of National Unity in 2009 and the eventual drafting of the 2013 Constitution. He also cited the 2017 military intervention that resulted in the resignation of former President Robert Mugabe.

He argued that constitutional changes affecting term limits or electoral processes should be approached with caution, as they may have long-term consequences for democratic stability.

“There is a relationship between constitutional amendments, electoral processes and political stability,” he said. “If safeguards are weakened, it can affect public confidence in governance.”

Dr Mavedzenge pointed to constitutional provisions that define presidential term limits. Section 95(2)(b) sets a presidential term at five years, while Section 91(2) disqualifies a person from election as President after serving two terms.

He said these provisions form part of the constitutional framework adopted in 2013 and should not be diluted without broad public consultation.

“If there are genuine concerns about political tensions, the first duty of leadership is to respect the Constitution and the people governed under it,” he said.

Another proposed change would repeal Section 92 of the Constitution and replace direct popular election of the President with a system in which Members of Parliament elect the President in a joint sitting of the Senate and National Assembly.

Legal analyst Dr Vusumuzi Sibanda said the proposed shift could significantly alter Zimbabwe’s electoral system.

He drew attention to Clause 6 of the Bill, which seeks to amend Section 120 of the Constitution to increase the number of senators from 80 to 90, including 10 appointed by the President for their professional skills and competencies.

“When read together, these clauses mean that appointed senators would participate in electing the President,” Dr Sibanda said. “That has implications for how balanced the process would be.”

He added that the cumulative effect of the changes would reshape the structure of presidential elections and urged citizens to examine the proposals carefully.

The debate comes amid broader discussions across Africa about constitutional reform and the balance of power between branches of government.

Parliament is expected to consider the Bill in the coming months, with both supporters and critics calling for robust public engagement before any amendments are adopted.