A constitutional court battle has erupted in Harare after former Member of Parliament (MP) and lawyer Prince Dubeko Sibanda filed an urgent challenge to key clauses in the Constitution Amendment Bill No. 3 of 2026. Sibanda says the bill’s language unlawfully seeks to bypass constitutional safeguards and extend terms for political office holders, including the presidency.
In papers filed in the Constitutional Court of Zimbabwe, Sibanda targets clauses 4(b) and 9(b) of the bill, arguing they are unconstitutional because they attempt to override section 328 of the Constitution, the section that governs how the supreme law may be amended. At the heart of the dispute is the insertion of the phrase “notwithstanding section 328(7)”, which the bill uses to justify changing the five‑year presidential term limit in section 95(2) and the five‑year parliamentary term limit in section 143(1). Sibanda contends this undermines the rule of law. Sibanda’s founding affidavit states:
“Parliament cannot amend the Constitution illegally by circumventing constitutional provisions.”
He argues that the use of “notwithstanding” to override core constitutional safeguards sets a dangerous precedent. He says:
“It is neither complicated nor controversial to conclude that you cannot simply prefix ‘notwithstanding’ to override the Constitution.”
Sibanda’s application asks the court to strike out clauses 4(b) and 9(b) and declare them unconstitutional before the bill is released for public consultations or debated in Parliament.
Bill 3, which is currently at the centre of a nationwide debate, was tabled by the legislature with intentions to reconfigure aspects of Zimbabwe’s governance architecture, including term limits and other structural reforms. The bill’s supporters argue it modernises governance; critics say it opens the door for indefinite incumbency.
Legal experts note that section 328(7) explicitly restricts term‑extension amendments from applying to individuals who have already held the relevant office, a provision designed to prevent retroactive political advantages. Sibanda’s case will force the Constitutional Court to interpret whether Parliament’s approach violates the supreme law, and whether Zimbabwe’s constitutional order can be upheld against what he calls an overreach.
The hearing’s outcome could shape Zimbabwe’s political landscape ahead of public hearings and the next general elections, marking a high‑stakes test of constitutional supremacy.
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