Africa-Press – Zimbabwe. A MATABELELAND-BASED pressure group, Ibetshu LikaZulu has filed a Constitutional Court (ConCourt) application seeking to stop the government from implementing Zanu PF’s Resolution No 1 of 2024, which seeks to extend President Emmerson Mnangagwa’s rule by two years to 2030.
Ibhetshu LikaZulu, which is known for vigorously campaigning for the resolution of the Gukurahundi mass killings issue and its leader Mbuso Fuzwayo, argued in the application that extending Mnangagwa’s term would be in violation of the Constitution.
Zanu PF last year adopted the controversial resolution at its annual conference in Bulawayo, which stated that Mnangagwa’s term of office as President of Zimbabwe and first secretary of the ruling party be extended beyond 2028.
At asimilar conference held last month in Mutare, Zanu PF resolved that the party and government must set in motion necessary steps for amendments to the Constitution to give effect to this resolution.
In the application, Fuzwayo and Ibetshu LikaZulu, who are represented by Sithole Law Chambers, are the applicants and they cited Zanu PF, Justice, Legal and Parliamentary Affairs minister,who is also the ruling party’s secretary for legal affairs, the Speaker of Parliament, the Attorney-General and Mnangagwa as respondents.
The applicants are seeking an order of leave for direct access to the ConCourt over Resolution No 1 of 2024, which they argued had an effect of infringing their constitutionally guaranteed political rights as provided for in section 87 of the Constitution to be subjected to free and regular elections and freedom of association as provided for in section 58.
In his affidavit to the ConCourt, Fuzwayo submitted that Mnangagwa has benefited from an existing law for him to become the President, saying a resolution that then seeks to extend the term of presidency is one which closes political space for him and any other persons, who might have presidential ambitions.
He submitted that the ruling party and government were directed to initiate the requisite legislative amendments to give full effect to the resolution “to ensure continuity, stability and the sustained transformation of the nation”, which directive Fuzwayo said has been echoed in public pronouncements by government officials, including, the Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi, who expressed commitment to implementing the resolution.
He said these pronouncements created a real and imminent threat of unconstitutional action.
Fuzwayo argued that implementing the resolution would require amending sections 95(2)(b) (presidential term of office) and 143(1) (parliamentary lifespan), which opponents argue are term-limit provisions under section 328(1), triggering section 328(7)’s referendum requirement for incumbent to benefit from the extensions.
He said the resolution’s call for such amendments without referenda risks entrenching incumbency and favouring Mnangagwa.
Fuzwayo said this threatened the rule of law principle by bypassing potential referendum safeguards, eroding multiparty democracy as it seeks to entrench Zanu PF political party, without citizen input though national referendum to the detriment of foundational values and principles enshrined in section 3 of the Constitution.
He submitted that this would infringe rights enshrined in section 67 of the Constitution to free, fair elections and participation, as the amendments being sought without referendums would skew democratic processes.
Fuzwayo is seeking the court to declare that Resolution 1 is unconstitutional to the extent that it directs amendments to the Constitution without regard to section 328(7)’s national referendum requirements, and an interdict prohibiting the respondents from taking stops to implement it pending a determination on whether sections 95(2)(b) and 143(1) are term-limit provisions under section 328(1).
On his grounds for direct access, Fuzwayo submitted that it was sought under section 85(1)(a) of the Constitution as his rights are being infringed, saying any person can approach the ConCourt for redress.
He said this is a matter of profound public importance affecting all Zimbabweans, with urgency given the government’s expressed commitment to act through ministerial statements on public and private media.
Fuzwayo said the resolution was likely to infringe section 3’s foundational values (supremacy of the Constitution, rule of law, multiparty democracy) by directing amendments that bypass section 328(7)’s safeguards if sections 95(2)(b) and 143(1) are term-limit provisions, undermining democratic accountability.
He also submitted that the resolution violates section 50 of the equal protection of the law by favouring the President through incumbency extension, discriminating against other citizens’ political participation and creating unequal access to office
He said the move threatened section 67 (political rights) by entrenching power without referendums, infringing rights to free, fair elections and democratic participation, as the directive implies State-led changes, skewing the electoral playing field.
Fuzwayo said these infringements were imminent, given the resolution explicitly calls for government action and supporting pronouncements.
He submitted that there was alarming evidence of the petrol bombing of the Southern Africa Political Economy Series (Sapes) premises, ahead of a news conference by opponents of the resolution that was due to be hosted by Sapes on October 28, 2025.
He said if granted the direct access, he will seek to interdict the respondents from taking any steps to implement Zanu PF’s Resolution No 1 pending the determination of this matter.
He said he would seek a declaration that the implementation of Zanu PF’s Resolution Number 1 infringes his rights under sections 3, 56 and 67 of the Constitution if sections 95(2)(b) and 143(1) are term-limit provisions under section 328(1) and (7).
Fuzwayo is not seeking any order for costs against the respondents, saying this is of public and national importance.
The application is pending.
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