07/10/2025
'Mnangagwa's term can be extended without a referendum'
As debate intensifies over how President Emmerson Mnangagwa could remain in power or politically relevant until 2030, political commentator Professor Jonathan Moyo has reignited controversy by arguing that Zanu-PF could lawfully extend the president's current term without a referendum.
According to Prof Moyo, the Constitution allows Parliament to amend the length of a presidential term - currently set at five years under Section 95(2)(b) - through a two-thirds majority vote, without triggering the referendum required for altering term-limit provisions. He argues that the law distinguishes between "term limits" (how many terms a president may serve) and "term lengths" (how long each term lasts).
"The term-limit clause, Section 91 (2), restricts the number of terms a person may hold office. But the duration of a term under Section 95 (2)(b) can be varied by Parliament alone," Moyo wrote on X (formerly Twitter), citing Section 328 (5) of the Constitution.
He said critics such as opposition senator David Coltart were "confusing two different provisions" of the Constitution. Coltart had earlier contended that extending Mnangagwa's current term would require two national referendums under Sections 328 (6)–(9), as any move that "extends" a president's time in office falls under protected term-limit clauses.
"The wording of Section 328(7) is critical," Coltart wrote. "Even if another term isn't sought - just an extension of a few years - any such amendment would still require two referenda where it involves an incumbent. It's disingenuous to suggest that Zanu-PF's 2024 resolution to extend Mnangagwa's term can lawfully bypass this process."
Prof Moyo, however, cited the 2021 Constitutional Court ruling in *Marx Mupungu v Minister of Justice*, which clarified that term-limit provisions concern the number of terms one may serve, not their duration. "The five-year presidential term is inherently flexible," Moyo said. "It ‘extends until' events like resignation, removal, or dissolution of Parliament. The sole constitutional cap on an officeholder lies in Section 91(2)'s two-term limit, which would remain untouched."
He added that if Parliament amended Section 95 (2)(b) to make presidential terms seven years, President Mnangagwa could remain in office until 2030 - aligning with Zanu-PF's "Vision 2030" agenda - without any referendum. "It would simply recalibrate the duration of the term through a two-thirds vote in both Houses," Moyo said, noting that other countries such as Guinea and Ireland already operate seven-year presidential terms.
However, political analyst Mxolisi Ncube described the interpretation as "a test of constitutional loopholes" designed to entrench power. "If Zanu-PF's resolution passes, the president could stay longer without a public vote, as long as the two-term cap isn't breached," he said. "Any such amendment should undergo broad public consultation."
Meanwhile, constitutional scholar Dr Justice Mavedzenge outlined a different scenario that could still extend Mnangagwa's political influence beyond 2028 - even without amending the Constitution. Speaking during CITE's "This Morning Asakhe" X Space, Dr Mavedzenge said the president could resign before completing three years of his term, triggering Sections 100 and 101, which allow a vice president to act as president until Zanu-PF nominates a successor.
"The Constitution says a full term is anything above three years. If Mnangagwa resigns before that mark, it wouldn't count as a full term, meaning he could run again," Mavedzenge explained. He said such a manoeuvre, though politically risky, could allow Mnangagwa to return to office later and still remain within constitutional bounds.
He also noted emerging political developments, including efforts to "reconfigure" the vice presidency, which might signal preparations for such a strategy. "When you look at moves to bring in figures like Kuda Tagwirei and growing tensions around Vice President Chiwenga, it seems part of a broader reconstitution of the presidency," he said.
Dr Mavedzenge warned that Zimbabwe's constitutional safeguards are fragile due to weak democratic institutions. "A good constitution must be backed by an independent judiciary, a vibrant civil society, and a strong opposition," he said. "Without this infrastructure, constitutionalism becomes meaningless."
As the debate continues, analysts agree that whether through legal amendment or political manoeuvre, the question of Mnangagwa's tenure could become one of the defining constitutional battles ahead of Zimbabwe's 2028 elections.
