Constitutional Amendment Bill to change appointment of Prosecutor-General

Zvamaida Murwira, Harare Bureau

CONSTITUTIONAL Amendment Bill (Number 3) gazetted on Monday proposes removing the Judicial Service Commission (JSC) from the process of appointing the Prosecutor-General, a move Government says will eliminate a potential conflict of interest and strengthen the independence of the prosecutorial authority.

Under the current Constitution, the President appoints the Prosecutor-General on the advice of the JSC.
However, authorities have long argued that this arrangement creates an institutional anomaly because prosecutors regularly appear before judges whose appointments and oversight are handled by the same commission involved in recommending the head of the National Prosecuting Authority of Zimbabwe (NPAZ).

By removing the JSC from the appointment process, the proposed amendment seeks to draw a clearer separation between the Judiciary and prosecutorial authority, thereby reinforcing the independence and neutrality of the PG’s office.

Clause 20 of the Bill amends Section 259 of the Constitution by removing the requirement for the President to appoint the PG on the advice of the JSC.

“This clause removes the requirement for the President to appoint the Prosecutor-General on the advice of the Judicial Service Commission, as such an arrangement creates a potential conflict of interest where the Commission recommends a candidate for appointment,” reads the explanatory memorandum accompanying the Bill.

The proposed reform is also intended to align constitutional provisions with the National Prosecuting Authority Act promulgated in 2020, which established the NPA as an independent institution separate from the judiciary.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the current arrangement blurred institutional boundaries, as the PG frequently appears before the courts yet is appointed with input from a body primarily responsible for judicial appointments.

“The Prosecutor-General is not part of the JSC and in fact, he appears before the Judiciary, and these were the ones that were motivating the appointment and disappointment of the PG. That is what we are cleaning up,” said Minister Ziyambi.

Experts say removing the JSC from the process reinforces the principle of separation of powers by ensuring that the prosecutorial authority operates independently from judicial structures, thereby strengthening public confidence in both institutions.

In addition to reforms relating to the Prosecutor-General, the Bill proposes expanding the jurisdiction of the Constitutional Court.

Clause 14 seeks to empower the Constitutional Court to hear appeals on any matter raising an arguable point of law of general public importance, even where the issue is not strictly constitutional.

The proposed change is expected to broaden access to the apex court and provide authoritative guidance on complex legal questions affecting the public.

“Currently, the Constitutional Court is only permitted to hear cases related to constitutional matters . . . The Constitutional Court may decide any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance, which ought to be considered by the court,” reads the clause.

Another major proposal involves the consolidation of constitutional commissions.
Clause 18 proposes repealing Part 4 of Chapter 12 of the Constitution, which establishes the Zimbabwe Gender Commission (ZGC), with its functions set to be transferred to the Zimbabwe Human Rights Commission (ZHRC).

Authorities say the move is aimed at streamlining institutional mandates and reducing duplication, as both commissions currently address overlapping human rights issues.

Government gazetted Constitutional Amendment Bill No. 3 of 2026 on Monday, triggering a 90-day public consultation period ahead of parliamentary debate and possible enactment.

Among other proposals, the Bill introduces a parliamentary process for the election of the President and seeks to replace the current five-year presidential term with a seven-year tenure as part of broader reforms aimed at strengthening constitutional governance and institutional clarity.