Court dismisses Ibhetshu Likazulu challenge

Fidelis Munyoro

Chief Court Reporter

Pressure group Ibhetshu Likazulu’s attempt to reinstate a case challenging constitutional amendments tied to President Mnangagwa’s term extension has been dismissed.

Ibhetshu Likazulu, led by Mbuso Fuzwayo, had initially withdrawn its legal challenge against the proposed changes, citing a campaign to discredit the organisation and its leadership.

However, the group’s withdrawal violated court rules by failing to pay the respondents’ wasted costs — President Mnangagwa, Zanu-PF,  Justice Minister Ziyambi Ziyambi and Attorney General.

Despite corrective measures and a fresh withdrawal filing, the case was deemed finalised.

Fuzwayo later sought to revive the matter, claiming new advice, but the Registrar of the Court ruled it legally impossible. Insisting on judicial intervention, Fuzwayo was granted access to Justice Anne Mary Gowora, who heard arguments from all parties.

Advocate Edley Mubaiwa represented Zanu-PF, with Sylvester Munyaradzi Hashiti appearing for President Mnangagwa.  Justice Minister Ziyambi and Attorney General Virginia Mabiza also participated.

The lawyers unanimously argued that a case withdrawal terminates proceedings, with no legal framework for reinstatement by letter or otherwise.

Justice Gowora pressed Fuzwayo’s lawyer, Mr Nqobani Sithole, for legal justification. Mr Sithole conceded errors, acknowledging the withdrawal rendered the case irretrievable.

The initial challenge argued that constitutional amendments benefiting an incumbent President were unlawful.

In March, Ibhetshu Likazulu announced its withdrawal in a statement, citing consultations and external pressure.

During a sweeping ninety-day consultation crusade that reached every corner of the nation’s seventy-one districts, the people spoke.

Minister Ziyambi has emphatically rejected any notion of opacity, declaring that CAB3 follows a strictly transparent and participatory roadmap.

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