Claim: Zanu-PF Harare provincial chairman Godwills Masimirembwa suggested that relevant authorities should amend the Constitution to allow President Emmerson Mnangagwa to serve a third term in office.
Verdict: Incorrect
According to Zimbabwe’s 2013 Constitution, Mnangagwa is disqualified from running for a third term under the current constitutional framework. Section 328(7) of the Constitution explicitly prohibits such amendments from benefiting an incumbent president.
Legal practitioner Nqobani Sithole explained to CITE that while the Constitution can indeed be amended, it includes a safeguard that prevents sitting presidents from benefiting from such changes.
“When considering this matter, it’s essential to understand whether the Constitution allows amendments and if an incumbent can benefit from them. Under our Constitution, a presidential term lasts five years, and any president can serve only two terms,” Sithole said.
Sithole further clarified: “Yes, the Constitution can be amended, provided the necessary legal processes are followed, which could include a referendum. However, Section 328(7) of the Constitution makes it clear that the incumbent president cannot benefit from such an amendment. Any attempt to extend the president’s term would violate the Constitution and could be deemed both unconstitutional and illegal. Such an action would undermine constitutionalism and set a dangerous precedent.”
In conclusion, while amendments to the Constitution are possible, they cannot be applied retroactively to extend a sitting president’s term, making the claim that Mnangagwa could benefit from such a change false.
