Claim: Political commentator Kudzai Mutisi, during an X-Space hosted by Asakhe Online, said there would be no need for a referendum should President Mnangagwa seek to extend his term, unless if he wants to run for a full third term.
“The people behind the 2030 mantra want a term extension, without necessarily removing the two-term limit. The two-term limit will still be there but a term can be extended. That part does not need a referendum,” Mutisi said.
Verdict: Incorrect
Legal Practitioner Nqobani Sithole explained to CITE that according to the Constitution of Zimbabwe, the amendments that would enable Mnangagwa to remain presidential beyond 2030 all require a referendum.
Sithole explained that in accordance with Section 328(7) of the Constitution of Zimbabwe, if Mnangagwa wants to stay in office beyond his current term, which is set to end in 2028, he will need to get the Constitution amended and that amendment would require a referendum.
“In terms of section 328(7), a term extension means an additional term beyond the two term limits. To have an additional term or, a “term extension” would require the removal or the amendment of the constitutional provision that provides for a two – term limit, supported by a referendum,” he said.
“As such, and for the avoidance of doubt, let’s be clear that there is nothing called “a term extension”, there’s only a “new term” or another term. If President Mnangagwa finishes his current term in 2028, and remains in office, that would be an additional term, or a new term or another term or a third term. It would not be a “term extension.
“No term can be extended because the Constitution does not permit the extension of any term. The concept of a term extension is, in fact, a misnomer. In other words, there’s no constitution which has its own processes. So, if President Mnangagwa does finish his current term and wants to stay in office, it would be a new term, not an extension of the old one. And that would require some changes to the Constitution, including a referendum.”
