The High Court has ordered that a constitutional challenge by pro-democracy activist Allan Chipoyi and former legislator Amos Chibaya, seeking to block Parliament from proceeding with the constitutional amendment process, be referred to a full trial.
Presiding over the matter, Justice Mary Zimba-Dube ruled that the case raises serious concerns affecting many citizens, making it unsuitable for determination through an urgent chamber application.
Speaking to NewZimbabwe.com after proceedings, lawyer Obey Shava said the court emphasised the broader public interest at stake.
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"The judge said this is a serious matter in which many people are affected. This is not just about the parties before the court, but also about numerous other individuals dealing with this issue," he said.
Shava explained that the court found the initial approach inadequate to fully capture the scale of alleged violations during public consultations on the Constitution of Zimbabwe Amendment (No. 3) Bill, 2026.
"Without proper documentation and without hearing evidence from all those people, it would not be appropriate to proceed in this manner," he said, adding that the judge directed the matter to trial "so that all the issues can be fully ventilated."
As a result, the applicants, Chipoyi and Chibaya, have withdrawn their urgent application by consent and are now preparing a fresh filing.
"We are now restructuring the approach," Shava said. "We will file a new process early next week, which will accommodate between two and 41 witnesses."
He noted that the legal strategy is shifting toward a full action process to ensure broader representation.
"In simple terms, this means we are moving away from the initial application and toward a full action process. This will allow us to include all those who were affected by the hearings," he said.
The challenge targets parliamentary proceedings on the amendment bill, which critics say was advanced through flawed and exclusionary public consultations marked by violence and intimidation.
Court filings allege that dissenting voices were suppressed across several cities, undermining constitutional guarantees of public participation.
Shava said urgency remains critical, with a constitutional window for parliamentary processes set to lapse soon.
"We will make every effort to ensure that the matter is before the court by 17 May 2026," he said.
The proposed changes will extend presidential and parliamentary terms from five to seven years and shift the presidential vote from the public to parliament, raising concerns over democracy.
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