FOR IMMEDIATE RELEASE
Contact: erczimbabwe@gmail.com
16 February, 2026
ERC Statement on the Proposed Constitutional Amendment Bill (No. 3) of 2026: A Deepening Crisis for Democratic Accountability in Zimbabwe
The Election Resource Centre (ERC) Africa has cautiously taken note of the proposed Constitution of Zimbabwe Amendment (No. 3) Bill, 2026 which proposes significant changes to Zimbabwe’s electoral system and represents a profound departure from the standards set out in the African Charter on Democracy, Elections and Governance and the SADC Principles and Guidelines Governing Democratic Elections, to which Zimbabwe is a signatory. More specifically,
- Concerns Regarding Changes to the Electoral System Without Consultation
The Bill proposes changes to the electoral system regarding the election of the President. The Bill proposes removing the right of Zimbabwean citizens to directly elect their President, substituting it with an indirect election of the President through Parliament. While the ERC Africa acknowledges that electoral systems are subject to review and where necessary change, the process of changing an electoral system should be inclusive, following wide-ranging stakeholder consultations, and should be subject to a referendum. As it stands, the proposals have far reaching consequences on participatory democracy and are being implemented without national consensus or stakeholder consultations in violation of Article 10 of the ACDEG which stipulates that the process of amendment or revision of the constitution rests on national consensus, obtained if need be, through referendum. The proposals abandon the principle of government by consent.
- The Extension of Tenure
The Bill additionally seeks to extend the terms of elected officials from five to seven years. The proposal is premised on the fact that 5 year cycles of elections places Zimbabwe in a perpetual election mode that is hindering economic development. The proposal and rationale behind it are not grounded in fact. The proposal ignores that political polarisation and the perpetual electioneering are by-products of disputed elections. The proposal ignores key reform recommendations that would improve the credibility of elections in Zimbabwe and ultimately reduce disputes and political polarisation. The proposals ignore the biggest driving factor of elections since 2018 Harmonised Elections which have been by-elections brought about by the application of section 129 (k) of the Constitution, namely the “recall clause”, that has been abused by political parties, placing Zimbabwe in a perpetual electoral cycle and has directly contributed to over 150 by-elections since 2019. Ultimately, in terms of the proposals to extend the terms of office of elected officials, the ERC Africa remains guided by section 328 (7) of the Constitution of Zimbabwe which states that;
“Notwithstanding any other provision of this section, an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment.”
- The Decoupling of Electoral Functions: A Threat to Independence
The Bill fragmentises the constitutional functions of the Zimbabwe Electoral Commission (ZEC) by transferring voter registration and the voters roll to the Registrar-General and delimitation to a new Delimitation Commission, stripping the ZEC of these core functions. The proposals go against reform recommendations raised by Election Observers, Political Parties and the ZEC itself relating to voter registration, delimitation and its independence. The proposed establishment of a new Delimitation Commission and the transfer of the voter registration and the voters roll to the Registrar-General, poses a significant threat to ZEC’s independence. The proposed amendments do not assist, protect or further the independence of the Electoral Commission in violation of the Constitution and the SADC Principles and Guidelines Governing Democratic Elections.
The proposals are simply a reversion to the status quo ante of the contentious former Registrar-General of Voters (repealed in General Laws Amendment Bill 2015) and the former Delimitation Commission (repealed by section 11 of Act 11 of 2007 – Amendment No. 18) and ignore the historical disputes that arose between the former “Delimitation Commission”, Registrar-General of Voters and ZEC in the administration of elections that diminished the credibility of previous elections. Former ZEC Chairperson, Simpson Mtambanengwe, previously noted the difficulty of separating duties and roles between the ZEC and other state institutions. ERC Africa views having one institution administer all election related processes or where necessary other relevant institutions operate under the supervision of the Commission as a common sense measure.
- Role of Parliament
Parliament possesses the means, if not the will, to address the concerns and issues arising from the proposed Constitutional Amendment without the Courts or provoking widespread discontent. It is the duty of Parliament to uphold constitutional supremacy and to protect the voice of the citizens.
- Traditional Leaders
In a move that the ERC finds particularly alarming, the Bill proposes to repeal Section 281(2), which currently prohibits traditional leaders from being members of any political party and participating in partisan politics. Traditional leaders serve as custodians of the culture, values and unity of society. Allowing traditional leaders to engage in partisan politics risks undermining this role in communities with diverse political views, potentially deepening polarisation, mistrust, and division. Although the proposed amendments claim to promote cohesion and stability, partisan conduct by traditional leaders would undermine those objectives. ERC notes that such partisanship has been a source of voter coercion in rural communities and formally permitting traditional leaders to join political parties without widespread consensus potentially institutionalises intimidation and coercion, contrary to SADC requirements for an environment free from duress.
- Our Call to Action
The ERC asserts that any constitutional change of this magnitude, fundamentally alters the relationship between the state and the citizen, and cannot be resolved by a simple parliamentary majority. The ERC Africa calls for these amendments to be subjected to a national consensus and where necessary a national referendum.
The ERC Africa continues to carefully review the proposed Constitution of Zimbabwe Amendment (No. 3) Bill, 2026 and any other proposals, assessing their overall impact on the electoral architecture of Zimbabwe.
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ABOUT ELECTION RESOURCE CENTRE AFRICA
The ERC Africa is a think tank and advocacy organisation on electoral and democracy issues in Africa, established in 2010. The organisation was formed following the need to deepen electoral research work in Africa that would inform effective citizen participation, strengthen policy engagement towards the improvement of the quality of electoral and democratic practices.
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