What are Zimbabwe's proposed law reforms and how will they work?

Zimbabwe's cabinet has approved proposed constitutional overhaul that could see Emmerson Mnangagwa extend his stay in office.

By Emmanuel Oduor
President Emmerson Mnangagwa in parliament ahead of his state of the nation address. / Others

The politics in Zimbabwe is taking a new shape. The country’s cabinet has approved sweeping changes to the constitution that would keep 83-year-old President Emmerson Mnangagwa in power until at least 2030.

Other proposals scrap the election of the president by a direct popular vote. Instead, members of parliament will choose the president on behalf of citizens.

It’s the third round of such constitutional amendments in recent years by the ruling Zanu-PF party intended to push the limits of presidential powers, constitutional experts said.

“All these amendments since 2017 have had a running theme,” Musa Kika, a Zimbabwean constitutional lawyer told TRT Afrika.

Mnangagwa rose to power after being elevated from the vice-presidency following the removal of long-time leader Robert Mugabe by the military in 2017. He was later elected in 2018 for his first term and won reelection in 2023.

His final five-year term is due to expire in 2028 when elections are scheduled to be held.

Information Minister Jenfan Muswere said the reforms would enhance "policy continuity" and "political stability".

Public consultations

There is no draft legislation made public as yet, but Justice Minister Ziyambi Ziyambi told journalists on Tuesday that there would be a 90-day period of public consultations before the bill is sent to parliament for consideration, where the ruling Zanu-PF enjoys a majority.

Other proposals in the amendments will see the term of the national parliament extended to match that of the president, while membership in the 80-member senate will be increased by 10 new members directly appointed by the president.

“Because parliament is supposed to vote for these amendments, if you also extend their term, you are incentivizing them,” Kika argues.

Moreover, the Zimbabwe Electoral Commission will be stripped control over the voters' roll, with the role transferred to the registrar general – an official whose appointment is approved by the president.

A newly created body will take over the process of delimitation from the electoral body, which experts warn could favour the ruling party in the redrawing of electoral seats.

Judicial appointments

Recruitment of judges, currently done through public interviews, will now be done by the president, according the proposals.

“There will be no public scrutiny in the process of their appointment,” said Kika.

The functions of the Zimbabwean Defence Forces, which under the current law includes “upholding the constitution of Zimbabwe”, would change to be “in accordance with the constitution of Zimbabwe”.

“It's not a semantic amendment. This government came through a coup in 2017. And when that coup happened, the High Court and the Constitutional Court made rulings pronouncing that the coup was legal because the army was upholding the constitution and they quoted that particular provision,” the constitutional lawyer said.

“Now they want to close that window that they created in 2017.”

Calls for referendum

If eventually approved by lawmakers, the reforms will mark the biggest political shift in Zimbabwe since 1987, when the country abandoned its parliamentary system of government and adopted the presidential system.

Opposition politicians have rejected the proposals, saying any constitutional change must be subjected to a national referendum and have vowed to "defend the constitution against its capture".