Former Citizens Coalition for Change legislator Prince Dubeko Sibanda has approached the Constitutional Court of Zimbabwe seeking to block Parliament from proceeding with parts of the Constitution of Zimbabwe Amendment (No. 3) Bill, arguing that provisions seeking to extend a presidential term violate the Constitution.
In a constitutional application filed in Harare, Sibanda cited the Parliament of Zimbabwe as the respondent and asked the court to declare that legislators cannot amend the Constitution outside the limits set by the supreme law.
Sibanda, a lawyer, said the legislature's powers to amend the Constitution are strictly governed by Section 328.
He is seeking an order declaring that "the Respondent's authority to amend the Constitution is exercisable only in accordance with section 328 of the Constitution".
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The former lawmaker also wants the court to confirm that Section 328(7) bars any amendment that extends a term of office from benefiting a person who already held that office before the amendment was made.
According to the draft order attached to the application, Sibanda argues that the proposed changes in the Constitution of Zimbabwe Amendment (No. 3) Bill attempt to apply a term-extension provision to the continuation in office of the President, which he says is unconstitutional.
The application asks the court to declare that "section 328(7) prohibits the application of a term-extension amendment to any person who held the relevant office (or an equivalent office) at any time before the amendment."
Sibanda further seeks a declaration that Clause 4(b) of the Constitution of Zimbabwe Amendment (No. 3) Bill, 2026 is unconstitutional.
The draft order states that the clause, "in purporting to provide that a term-extension amendment shall apply to the continuation in office of the President is inconsistent with section 328(7) and is constitutionally incompetent, unlawful, and of no force or effect."
He also challenges Clause 9(b) of the Bill, which proposes inserting a new subsection into Section 143 of the Constitution.
In the application, Sibanda argues the provision is likewise unconstitutional, saying it "is inconsistent with section 328(7) and is constitutionally incompetent, unlawful, and of no force or effect."
If the court grants the relief sought, Sibanda wants Parliament barred from advancing the contested provisions.
The draft order asks the court to rule that the legislature "shall not present, process, debate, vote upon, or otherwise proceed with the Bill insofar as it contains the constitutionally incompetent proposals declared unlawful."
He also seeks an order directing Parliament to withdraw and reintroduce the Bill without the contested clauses or to proceed only with sections that exclude them.
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Sibanda indicated he is bringing the application in his personal capacity as a citizen and registered voter, attaching his national identification and practicing certificate as a legal practitioner to support his credentials.
The matter is yet to be set down for hearing.
