Mwonzora says no loophole in Constitution for Zanu PF to extend Mnangagwa’s Term 

MDC leader, Douglas Mwonzora, has ruled out any possibility of President Emmerson Mnangagwa legally extending his presidential term beyond 2028, insisting that Zimbabwe’s Constitution “was competently drafted to block any manipulation or loophole” by Zanu PF.

Responding to questions from journalists in Bulawayo on Wednesday, Mwonzora, who participated in the Constitution-making process under the Government of National Unity (GNU) as one of the MDC negotiators in 2009, said Zanu PF would need to call for a referendum to extend presidential term limits, a move he believes the ruling party “fears” because Zimbabweans would “vote no.”

“There is absolutely no loophole in the constitution that Zanu PF can manipulate to amend the constitution and extend term length as they made sure to cover any tracks. Any amendment of such requires a referendum which Zanu is afraid of because people will vote no for an extension in office,” Mwonzora said.

The MDC leader’s remarks come after Zanu PF’s recent congress in Mutare resolved to push for President Mnangagwa’s continued stay in power until 2030, under what critics describe as the “2030 Agenda.”

“The answer of this government to the social, political, and economic conundrum of our country is to increase the presidential term. Just a few weeks ago, Zanu PF sat at its congress in Mutare and resolved that President Mnangagwa’s term must extend to 2030,” Mwonzora said.

“We all know that they want the term to extend to 2033. But they are just using 2030 as an excuse. We are totally opposed as the MDC to this extension of term for a number of fundamental reasons.”

He reminded journalists that Zimbabwe’s Constitution clearly provides for a two-term limit, each term lasting five years, beyond which a president must step down.

“The first one is that the constitution of Zimbabwe is clear. It provides a term limit. The president runs the affairs of the country for five years, after which he can seek re-election. After that, the president must go home and rest,” he said.

Mwonzora recounted that he personally helped draft the clause on presidential term limits in 2012 in Bulawayo.

“We drafted the clause which deals with the extension of term coincidentally here in Bulawayo at Rainbow Hotel on the fifth floor. That’s where we drafted this fundamental clause in 2012. Therefore, we say our constitution is not there for decoration. It must be obeyed. It must be followed,” he said.

He added that the principle of term limits is not unique to the presidency, but extends to other public offices as part of the nation’s democratic values.

“If you go to this constitution, there are a number of positions in this country with a limited term. The positions for people who are in the Chapter 12 institutions are that they have a limited term such as Town Clerks, Speaker of Parliament,” Mwonzora said.

The MDC leader said any move to extend Mnangagwa’s rule would jeopardise Zimbabwe’s efforts to rejoin the Commonwealth.

“Secondly, Zimbabwe has applied to rejoin the Commonwealth. The Commonwealth has made it clear that for Zimbabwe to be re-admitted, one of the conditions is it must follow its constitution,” he said.

Mwonzora also warned that pushing for a third term would heighten political divisions and unrest.

“We also know that this third term is going to cause a lot of strife in this country. It has already caused strife within Zanu PF. It is causing strife within the opposition and within Parliament. And it is something that is so unimportant to have,” he said.

He dismissed any justification for extending Mnangagwa’s presidency or the current Parliament’s term.

“Third, there is nothing special that this government is doing to warrant a third term. There is also nothing special that this Parliament that we have now is doing to warrant an extension of term,” he said.

Mwonzora accused Zanu PF of attempting to entice MPs, including some from the opposition with salary and benefit increases to support the extension agenda.

“One of the sweeteners that Zanu PF has sold to the MPs, especially the opposition MPs, is that their term of office is also going to be extended. So, they are going to have an unearned term. Most of them are very, very happy to remain in that Parliament. Salaries have been increased. Benefits have been increased. And the MPs are enjoying life on behalf of the masses,” he said.

“Right now, they are here in Bulawayo attending the pre-budget seminar but they are so preoccupied by 2030. So, we totally, totally disagree with the issue of the third term.”

To counter Zanu PF’s “2030 Agenda,” Mwonzora said the MDC has begun mobilising citizens through a campaign dubbed 2030 Hatiyidi, 2030 Tajamuka, 2030 Asiyifuni, meaning “we don’t want 2030.”

“So, all of the people within the opposition are going to be mobilised to reject the 2030 agenda,” he said.

Mwonzora outlined that any lawful change to presidential term limits would require two separate referendums, as provided for under Section 328 of the Constitution.

“In terms of the Constitution, there must be a referendum. You cannot extend a term of office without going to referendum. So, there will be the first referendum simply to deal with whether to extend the term of office or not. It will have no one’s name in the referendum question,” he said.

“But in terms of Section 328 subsection 7 of the Constitution, even if the term of office is increased, the law says that it shall not benefit the incumbent. Now, if they want to make President Mnangagwa benefit from the extension of term, we must have a second referendum. And this referendum will be person-specific,” he said.

“These two questions cannot be in the same referendum. So, these referendums have to be apart. The law says that the referendum must not be within six months of each other. We are going to mobilise the people of Zimbabwe to vote no in both referendums,” Mwonzora said.

He expressed confidence that citizens including some Zanu PF supporters would reject any term extension.

“We know that half of Zanu PF will vote no. We all know that all the right-thinking people within the opposition will vote no. We also know that there are political people who love their country and will vote no. We are confident of handing Zanu PF its second referendum defeat after the 2000 Constitutional Commission referendum,” he said.

Mwonzora dismissed claims by political commentators such as Jonathan Moyo and Tawanda Nyambirai that a constitutional loophole might exist.

“I have seen the opinion by Jonathan Moyo and a gentleman called Tawanda Nyambirai. What these gentlemen are just doing is to try to ingratiate themselves with Zanu PF. They are trying to please President Mnangagwa. There is no loophole,” he said.

He emphasised that any change to the length of presidential terms automatically falls under constitutional restrictions.

“The term limit clause in Section 328 does not talk of a term. It talks of the length of time that a person holds office. If a person is supposed to be in office for five years, and suddenly they make it seven, they’ve lengthened the period in which he is holding office. That is the simple interpretation,” Mwonzora explained.

“So absolutely no loophole. We know that Zanu PF are afraid of the referendum because they are afraid of the people. So, we are saying the people of Zimbabwe must claim what is in the constitution,” he added.

He said the country’s supreme law clearly vests sovereignty in the people, who must decide whether to extend a leader’s term or not.

“And in section two of the constitution, we have a principle called the sovereignty of the people. That is the power of the people to decide. It is the power of the Zimbabweans to decide whether there should be an extension of term or not because it is the people of Zimbabwe who put in the term limit in the first place through the outreach programme during the constitution-making process,” he said.

Mwonzora warned that Zanu PF could still attempt to manipulate Parliament or declare a state of emergency as another route to stay in power.

“One of the ways to increase the term limit, of course, is to create a state of emergency. And it is not beyond Zanu PF that they will try to do that, creating a state of emergency. But again, our state of emergency in terms of the constitution must not last more than six months,” he said.

He also questioned Mnangagwa’s motives for seeking a third term at his advanced age, saying Zimbabwe has not seen meaningful progress under his rule.

“So we wonder why President Mnangagwa, who is 83 years old, why he should be obsessed with a third term. He has been serving in the Zimbabwean government since 1980. What new thing can he bring now? And the people of Zimbabwe, frankly speaking, are not benefiting from his presidency at all. Zimbabwe is not developing. At least that development that is there is not trickling down to the common man and the common woman,” Mwonzora said.