Bill to amend Constitution gazetted…90-day public consultation starts

GOVERNMENT yesterday gazetted the Constitutional Amendment No. 3 Bill of 2026, kickstarting a 90-day public consultation period, which will culminate in Parliament deliberating the proposed draft law and its passage into law.

The Bill proposes a Parliamentary process for the election of the President and seeks to replace the current five-year term with a seven-year term.

It also introduces a raft of legal reforms aimed at strengthening constitutional governance, clarifying institutional roles, promoting political stability and enhancing the efficiency of the State architecture.

According to the Government Gazette, the Bill forms part of Zimbabwe’s continuing legal evolution.

The Gazette notes that the proposed amendments are intended to adhere to the spirit of the Constitution by refining and modernising certain provisions in response to governance experience, developmental imperatives and comparative constitutional practice.

“This Bill introduces a set of constructive reforms that, taken together, reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates and harmonise Zimbabwe’s constitutional order with tested and successful practices in other progressive jurisdictions.

“The Bill modernises and streamlines various aspects of the constitutional architecture while upholding the values of the 2013 Constitution.

“The amendments form part of a broader constitutional evolution, one that is grounded in the deliberate refinement of governance frameworks and an increased focus on institutional efficiency, political inclusivity and long-term national stability.

“It must be reiterated that many of the reforms incorporated into this Bill align Zimbabwe with contemporary African constitutional standards that have proven to be effective, resilient and widely respected,” reads the Government Gazette.

According to the Government Gazette, Clause 2 of the Bill transfers the responsibility for registering voters, compiling the voters’ roll and maintaining the voters’ roll and registers from the Zimbabwe Electoral Commission to the Registrar-General.

The rationale, it states, is to ensure efficiency since the Registrar-General is the custodian of these records, while Clause 3 establishes a parliamentary method for selecting the President.

The Clause specifies that a candidate must secure a majority of votes and if no one achieves an absolute majority, a run-off election will be held.

The process will be overseen by the Zimbabwe Electoral Commission to ensure it is conducted properly.

“These measures strengthen constitutional accountability by promoting fairness, openness and judicial oversight in the election.

“The procedure for the election shall be in accordance with Standing Rules and Orders of Parliament.

“Clauses 4, 9, 10 to eliminate election mode toxicity and allow sufficient time for project implementation while promoting stability, these clauses aim to substitute the current five-year term with a seven-year term as provided in sections 95, 143 and 158 of the Constitution,” it reads.

The Government Gazette further states that Clause 6 stipulates that the provisions of Section 92 shall take effect if the President-elect passes away, resigns or is removed from office.

Section 92 of the proposed amended Bill says the President must be elected by the Members of Parliament in a joint sitting of the Senate and the National Assembly.

It says the election must take place at a joint sitting of Parliament following the swearing-in of members of the Senate and the National Assembly and the election of the Speaker of the National Assembly and the President of Senate, respectively, after every general election, or whenever necessary to fill a vacancy in the office of President.

To be elected President, a candidate must receive more than half of the valid votes cast by Members of Parliament.

In the event that none of the presidential candidates receives a majority in the first ballot, a run-off ballot must be held between the two candidates, with the highest number of votes and the candidate receiving the majority in the run-off declared elected as President.

The Zimbabwe Electoral Commission shall preside over the election, or a designated judge, and the procedure for the election shall be in accordance with the Standing Orders of Parliament.

“A person elected as President under this section must cease to be a Member of Parliament upon assuming office, if they were a member at the time of election.

“In the case of a vacancy in the office of President due to death, resignation, removal, or incapacity, an election must be held at a joint sitting of Parliament not more than thirty days after the vacancy occurs.

“No amendment to any law or enactment introducing substantive policy changes shall be passed by Parliament during the period between the occurrence of a vacancy in the office of the President and the election of a new President by Parliament,” reads the proposed Bill.

Clause 7 of the proposed Bill requires the removal of the words “High Court” and replaces them with “Supreme Court” since the Attorney General must be qualified for appointment as a judge of the Supreme Court.

Clause 8 provides for the President to appoint ten senators, raising the total number of senators to 90.

“This amendment aims to bring in broader technical expertise, enhance parliamentary oversight, expand the pool of potential ministers, build public confidence, and help reduce political and social divisions.”

Clause 11 provides for the creation of a Zimbabwe Electoral Delimitation Commission to address concerns about the Zimbabwe Electoral Commission’s dual role in drawing electoral boundaries and to promote good governance and institutional integrity.

Clause 12 seeks to amend and remove the Zimbabwe Electoral Commission and substitute it with the Zimbabwe Electoral Delimitation Commission, as the function for delimitation of boundaries is now within the ambit of the Zimbabwe Delimitation Commission.

On the other hand, Clause 14 of the proposed amendment provides for the Constitutional Court to hear any other matter on a point of law of public importance.

Currently, the Constitutional Court is only permitted to hear cases related to constitutional matters.

Clause 15 repeals section 180(3), (4), (4a) and (5) and substitutes it with the appointment of Judges after consulting the Judicial Service Commission while Clause 16 seeks to amend Section 212 (Functions of Defence Forces) of the Constitution by deleting the words “to uphold this Constitution” and substituting them with “in accordance with the Constitution”.

“The amendment is intended to reinforce the provisions of sections 213 and 214 of the Constitution”.

According to the Gazette, Clause 17 proposes repealing section 239(c) to (e) so that the functions can be reassigned to the Registrar-General, and section 239(f) so that its function is transferred to the Zimbabwe Electoral Delimitation Commission.

The Bill also seeks to transfer the Zimbabwe Gender Commission’s functions to the Zimbabwe Human Rights Commission (ZHRC), as the ZHRC is already mandated to protect all human rights, including those under the purview of the Zimbabwe Gender Commission.