Mahlupeko is challenging the validity of CAA3 on the basis that it amended 10 provisions that were not gazetted in the government gazette which set out the 90-day public consultations.
Mahlupeko is requesting that the Constitutional Court invalidate the entire Act as a whole rather than striking down individual clauses.
Sibanda is challenging clauses that extend presidential and parliamentary terms from 5 years to 7 years and applying them to current officeholders despite the provisions in section 328 (7) of the constitution of Zimbabwe which prohibits that.
The Constitutional Court will also hear the case filed by the Movement for Democratic Change (MDC) on the 25th of November 2026.
The MDC argues that altering the right to vote directly for the country ‘s president (section 92) requires a national referendum under section 328 (6) of the constitution of Zimbabwe.
The MDC contends that President Mnangagwa breached his constitutional duty under section 110 (2)(f) by failing to call for a referendum when a provision in the bill of rights was affected by the amendments brought about by CAA3.
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