A faction within the Zimbabwe National Liberation War Veterans Association (ZNLWVA) has openly criticized ZANU PF members who are allegedly advocating for an amendment to the Constitution to eliminate the presidential term limit.
According to The Standard, on Friday, March 15, police prevented the ZNLWVA from holding a meeting in Bulawayo. The suspicion was that the conveners were perceived as party spoilers.
The meeting was organized by the ZNLWVA, led by Andrease Mathibela. The war veterans’ welfare organisation is closely affiliated with ZANU PF.
Within ZANU PF circles, Mathibela’s leadership is seen as a resistance movement against the broader political plans of President Emmerson Mnangagwa and his faction.
After the ZNLWVA meeting was banned, Mathibela held a press conference in Bulawayo. During this conference, he issued a warning to those advocating for what he termed “dynastic rule” in Zimbabwe. He said:
On March 16 and 17, 2013, Zimbabweans en masse voted for a new constitution following the referendum which had a turnout of 95.5% of the electorate.
Unanimous in this constitutional resolve was the irreversibility of the land reform programme and the rationality of the presidential term limit to two five year terms.
…Yet today, we have seen the unceremonious abandonment of the indigenisation laws, which sought to reverse years of colonial injustice and domination by protecting Zimbabwean nationals from future subtle re-colonisation practices and dispossession of our rightful heritage by new colonial masters.
Equally, we have witnessed gross mischief by a few sloganeering misfits, who seek to test the waters by conditioning the population to accept the setting aside of our sacred constitutional provisions, thereby attempting to usher in an open ended dynastic rule for Zimbabwe. “Let them be warned.
Matibela also criticized the police for disrupting their planned meeting.
Reports indicate that within ZANU PF, there is growing support for Mnangagwa’s bid for a third term but the move faces legal hurdles due to constitutional restrictions.
Section 91 of the constitution outlines qualifications for presidential candidates. It explicitly states that an individual is disqualified if they have already held the office of President for two terms, regardless of whether those terms were continuous or not.
Section 328 (7) of the constitution further restricts incumbents from benefiting from any constitutional amendment that extends the length of time in office.
In other words, even if ZANU PF manages to amend the constitution, Mnangagwa, as the incumbent, would not benefit from such an extension.
The legal precedent set by the case of Mupungu v Minister of Justice and others (CCZ07/21) sheds light on this matter.
In that case, the court ruled that prescribed term limits cannot be extended to apply to sitting incumbents without contravening section 328 (8) of the constitution.
Therefore, any amendment allowing third terms would not apply to Mnangagwa during his current tenure.
Mnangagwa controversially won the presidential elections in 2018, serving his first term until 2023. He is currently in his second term, which is set to expire in 2028.
