ZIMBABWE Lawyers for Human Rights (ZLHR) is gravely concerned by the gazetting of Constitution of Zimbabwe Amendment Bill (No.3) (H.B.1, 2026), (the Bill), which seeks to introduce wholesale amendments to the supreme law of the country.
On 16 February 2026, Parliament gazetted the Constitution of Zimbabwe Amendment Bill (No. 3) (H.B. 1, 2026) in an Extraordinary Government Gazette. The Memorandum of the Bill, seeks to justify the proposed amendments as a series of constitutional reforms intended to reinforce constitutional governance and strengthen democratic institutions in Zimbabwe. The Memorandum further asserts that the Bill forms part of an ongoing process of constitutional evolution, one that purportedly preserves the core values and foundational principles of the 2013 Constitution while refining and modernising the country’s governance framework.
To give effect to these stated objectives, the Bill proposes a series of far-reaching constitutional amendments. These include the introduction of a parliamentary process for the election of the President; the extension of presidential and parliamentary terms from five to seven years; presidentially appointed members of the Senate; the dismantling of the Zimbabwe Gender Commission (ZGC); and significant changes to electoral governance, including the establishment of a separate delimitation commission and the transfer of voter registration functions from the Zimbabwe Electoral Commission to the Registrar-General. The Bill also proposes alterations to judicial appointment procedures, and other substantive proposals.
The proposed amendments threaten to erode and fundamentally undermine the core principles of constitutionalism and risk entrenching excessive executive power.
ZLHR is deeply concerned that the net effect of these proposed amendments would concentrate decisive power in the hands of legislators and the executive, limiting public participation in the affairs that concern them. Such changes undermine the principle of popular sovereignty, which lies at the core of the values of the 2013 Constitution, and contravene the fundamental principles of representative democracy, the rule of law, and the separation of powers.
The transfer of key electoral administrative functions, including voter registration and delimitation, from the Zimbabwe Electoral Commission to other entities poses a serious risk to the integrity and credibility of the electoral process in Zimbabwe. Furthermore, the executive appointment process of all judges threatens the independence of the judiciary and undermines public confidence in the justice delivery system of the country.
The Constitution of Zimbabwe guarantees fundamental rights inherent to all persons, by virtue of their existence and human dignity. ZLHR reiterates that the authority of the legislature is derived from the people and wishes to emphasise the ethos of the Constitution of Zimbabwe as affirmed in its preamble, that,
We, the people of Zimbabwe, united in diversity and inspired by their struggle for freedom and justice, honour past sacrifices, commit to democracy, human rights, good governance, and the rule of law.
ZLHR urgently calls upon the Government of Zimbabwe to:
- Uphold constitutionalism, strengthen democratic governance, and restore public confidence and trust in state institutions;
- Cease all actions that undermine constitutional rights and ensure that any legislative or policy reforms are genuinely aligned with the Constitution, regional instruments, and international human rights standards and reflect the will of the people.
- Respect the entrenching provisions of the Constitution by submitting the Bill to a referendum, ensuring that the people of Zimbabwe have the final say on the proposed amendments.
- Fully adhere to human rights and democratic standards, as guaranteed under the African Charter on Human and Peoples’ Rights (ACHPR), the African Charter on Democracy, Elections and Governance (ACDG), the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration of Human Rights (UDHR), which collectively obligate Zimbabwe to uphold democracy, the rule of law, constitutionalism, and fundamental freedoms.
- Observe the rights of women in line with obligations under the Maputo Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ensuring gender equality and compliance with regional and international obligations.
- Safeguard judicial independence through impartial appointments and protection from political interference, in line with the Constitution and the UN Basic Principles on the Independence of the Judiciary.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org
www.zlhr.org.zw
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