Legal News

Zimbabwe High Court: Mnangagwa's Third Term Extension Not Binding

South Africa·Briefly Analysis⏱️ 2 min read

Summary

  • Zimbabwe's President Emmerson Mnangagwa signed into law Constitutional Amendment Act 3 (CAA3) in July, extending his term to 2030 and removing presidential elections.
  • The process leading up to CAA3 was criticized as partisan and illegal, with analysts arguing that amendments extending presidential terms should not have benefited Mnangagwa.
  • SADC has stated that it is not concerned about the issue, citing domestic legal frameworks as the basis for its position.
  • CAA3 gives Mnangagwa authority to appoint 10 more Senators and removes voter registration from the Zimbabwe Electoral Commission (ZEC).

What Happened

In July this year, Zimbabwe's President Emmerson Mnangagwa signed into law the Constitutional Amendment Act 3 (CAA3), which extends his presidential term to 2030 and removes presidential elections. This move has been met with controversy, with analysts and political activists arguing that amendments extending presidential terms should not have benefited Mnangagwa. The process leading up to the passing of CAA3 was also criticized as partisan and illegal. According to Zimbabwe's constitution, CAA3 was supposed to have gone through a referendum, but this requirement was successfully challenged by Zanu PF.

Relevant Legal/Regulatory Context

The Constitutional Amendment Act 3 has significant implications for the governance of Zimbabwe. By extending Mnangagwa's term and removing presidential elections, CAA3 effectively consolidates power in the presidency. This move also gives Mnangagwa authority to appoint 10 more Senators, which he used on Tuesday to recommend close allies, including his likely successor, Kudakwashe Tagwirei. Furthermore, voter registration has been moved from the Zimbabwe Electoral Commission (ZEC) to an equally murky Registrar General, raising concerns about electoral integrity.

Why It Matters

The implications of CAA3 for lawyers advising clients in Zimbabwe are significant. The extension of Mnangagwa's term and removal of presidential elections potentially affect voter registration and parliamentary authority. Lawyers must be aware of these changes and advise their clients accordingly. Additionally, the SADC region's position on CAA3 highlights the complexities of regional governance and the need for careful consideration of domestic legal processes.

Practical Implications

Lawyers advising clients in Zimbabwe should be aware of the implications of the Constitutional Amendment Act 3, which extends President Mnangagwa's term to 2030 and removes presidential elections, potentially affecting voter registration and parliamentary authority.

Source

Source: Original reporting via AllAfrica SA

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