Former MP Challenges Parliament

Prince Dubeko-Sibanda

There are several cases in the Constitutional Court challenging the controversial constitutional amendments. Sibanda says he filed his application in terms of s167(2)(d) of the constitution as read with Rule 32(1) of the Constitutional Court rules, 25 (SI 19 of 2025). He says parliament’s attempt to amend the constitution on term limit provisions goes well beyond its constitutional mandate and legal boundaries.

Sibanda wants the court to remove constitutionally offensive clauses 4(b) and 9(b) of the constitution amendment bill because they are incompetent and impermissible as they purport to override section 328(7). He argues that the inclusion of those clauses in the amendment bill renders the process illegal and unconstitutional as the clauses seek to override constitutional limitations and safeguards contained in section 328 of the constitution.

Sibanda argues the insertion of the phrase “notwithstanding section 328(7)” in the amendment bill is a back door attempt to change the five-year presidential limit in section 95(2) and the five-year parliamentary term limit in section 143(1) to benefit President Emmerson Mnangagwa and current MPs through an illegal and unconstitutional process. Sibanda says the constitutional court must order the withdrawal of the bill and the expunging of clauses 4(b) and 9(b) before it is taken to the people for consultations or parliament for debate.

The amendments are currently being debated by the public to get submissions within 90 days. While acknowledging the legislature’s powers to amend the constitution, the former MP and lawyer says parliament cannot do so illegally by circumventing constitutional provisions restricting its exercise of power and that specific function.

He contends parliament cannot overide constitutional provisions by simply prefixing “notwithstanding” to any provision that drafters of constitution amendment bills deem inconvenient to achieve their goals and agendas. As a result, Sibanda is seeking a declaratory and interdictory relief to prevent constitutional illegality from deteriorating into a constitutional crisis.