SACDA: Zimbabwe Constitution Amendment (No. 3) Act Extends Terms

• The Southern Africa Coalition for Democracy and Accountability (SACDA) criticized Zimbabwe's Constitution of Zimbabwe Amendment (No. 3) Act as a major democratic regression.
• The Act, signed by President Mnangagwa in July, extends terms for the President, Parliament, and local authorities from five to seven years and postpones general elections from 2028 to 2030.
• It also replaces direct presidential elections with a parliamentary vote, a change SACDA views as weakening direct presidential accountability.
• SACDA warned against constitutional changes that materially benefit incumbents without public consultation and popular approval, citing similar concerns in the Democratic Republic of Congo.
• The amendments have been criticized by some as measures to entrench Mnangagwa's rule, while supporters defend them as part of a broader constitutional restructuring.

The Southern Africa Coalition for Democracy and Accountability (SACDA) has strongly criticized recent legislative changes in Zimbabwe, labeling them a significant step backward for democratic governance.

The Southern Africa Coalition for Democracy and Accountability (SACDA) has strongly criticized recent legislative changes in Zimbabwe, labeling them a significant step backward for democratic governance. The organization specifically highlighted the Constitution of Zimbabwe Amendment (No. 3) Act, which President Emmerson Mnangagwa signed into law in July, as a major democratic regression.

This controversial legislation introduced several sweeping modifications to the country's governance framework. Among the most impactful changes are the extension of terms for the President, Parliament members, and local authority officials from the previous five years to seven years. Consequently, the next general elections, originally slated for 2028, have been postponed to 2030. Furthermore, the Act fundamentally alters the presidential election process, replacing direct popular votes with a parliamentary election system.

SACDA issued its condemnation on September 15, coinciding with the International Day of Democracy, asserting that Zimbabwe's actions represent a clear democratic regression. While some political observers and civic groups have voiced concerns that these amendments could serve to entrench President Mnangagwa's rule, supporters of the changes argue they are an integral part of a broader initiative to restructure Zimbabwe's constitutional and governance framework.

The Southern Africa Coalition for Democracy and Accountability (SACDA) articulated a broader principle in its critique, emphasizing that constitutional frameworks should serve to regulate power, rather than being manipulated to suit the interests of those currently in office. The organization stressed that amendments providing material benefits to incumbents should never be enacted without substantial public consultation and direct popular approval.

SACDA's concerns extended beyond Zimbabwe, pointing to similar developments in other Southern African nations. The Democratic Republic of Congo (DRC) was cited as another example where constitutional changes are being pursued that could potentially benefit the incumbent, President Félix Tshisekedi. Ironically, Tshisekedi, during his time as an opposition figure, had publicly urged former President Joseph Kabila to respect constitutional term limits.

In the DRC, the Senate has advanced a bill that would pave the way for a referendum on a new constitution. This proposed constitution aims to reset the presidential term count, even while formally leaving the existing term-limit clause technically untouched. Despite President Tshisekedi's public declaration that he would not seek a third term unless requested by the Congolese populace, his opponents have characterized these maneuvers as a 'constitutional coup' by another name, underscoring the regional pattern of leaders attempting to extend their time in power through legalistic means.

The changes introduced by the Constitution of Zimbabwe Amendment (No. 3) Act carry significant implications for the nation's democratic trajectory and political stability. The shift from direct presidential elections to a parliamentary vote, coupled with the extension of term limits, fundamentally alters the landscape of political accountability and potentially weakens the direct mandate of the presidency. This move is seen by critics as a key aspect of the Zimbabwe democratic regression.

Under the previous constitutional timetable, which would have seen the presidential term conclude in 2028, some political observers had identified Mnangagwa's deputy, Constantino Chiwenga, as a potential successor. The current amendments, by extending the presidential term and altering the electoral mechanism, effectively reshape the political succession dynamics and the timeline for any potential transfer of power.

SACDA's strong stance underscores a regional concern about the erosion of democratic norms when constitutional provisions are altered to favor those in power. The watchdog's call for meaningful public consultation and direct popular approval for such significant amendments highlights the importance of safeguarding the integrity of electoral processes and constitutional governance against self-serving modifications.

Lawyers and compliance officers should assess the implications of the Constitution of Zimbabwe Amendment (No. 3) Act for political risk and governance stability, as extended terms for incumbents may signal a less predictable regulatory environment. This development could impact long-term investment strategies and the rule of law in Zimbabwe.

Source: Original reporting via New Zimbabwe