The recently passed amendment extends President Emmerson Mnangagwa’s term by two years to 2030, postpones the next general election from 2028 to 2030, lengthens the presidential term from five to seven years and scraps the direct election of a president, among other changes.
Kawa and Machingura cite the Minister of Justice, Legal and Parliamentary Affairs, Parliament, the President and the Attorney General as respondents.
The applicants argue that the amendment cannot take away their right to elect a president of their choice under Section 67 of the Constitution without a referendum. They further contend that the president’s appointment of 10 senators undermines the basic structure of the Constitution.
Mnangagwa signed the Constitution of Zimbabwe Amendment No. 3 Bill into law on 7 July 2026. It is now Act No. 6 of 2026.
When first tabled in the National Assembly, the Bill secured 216 votes, 29 more than the two-thirds majority required, while 42 CCC MPs voted against it.
Legal experts have questioned whether the amendment can lawfully apply to Mnangagwa’s current term without first being approved in a national referendum. The MDC has filed a separate urgent application at the Constitutional Court arguing that Section 328(6) required a referendum before the president assented.
The Kawa and Machingura application is one of several challenges to the amendments currently pending before the courts.
In a statement issued on Monday, 2 November, after the hearing at the Constitutional Court in Harare, the Constitution Defenders Forum (CDF) said it was awaiting the court’s determination.
“The Constitutional Court of Zimbabwe has reserved judgment in the matter brought by Eliphas Kawa and Hazvineyi Machingura, concerning Constitutional Amendment No. 3. We await the Court’s determination on this important constitutional matter,” the CDF said.
The Forum, led by former Finance Minister Tendai Biti, thanked citizens who attended the proceedings and those who expressed solidarity from across the country and abroad.
“We extend our sincere gratitude to every citizen who attended today’s court proceedings, as well as Zimbabweans at home and across the globe who expressed solidarity through various platforms and channels. Your support and commitment to the defence of constitutionalism are deeply appreciated,” it said.
“As the Constitution Defenders Forum, we remain resolute in our commitment to intensify and escalate our peaceful, lawful and constitutional efforts to restore constitutionalism in Zimbabwe.
“While we await the Court’s judgment, our determination to defend constitutional supremacy, democratic governance and the rights of the people remains unwavering. The struggle to restore constitutionalism continues!”