ConCourt reserves judgment on war veterans’ bid to challenge Constitution amendment

THE Constitutional Court has reserved judgment on an application by six liberation war veterans seeking to challenge the Constitution of Zimbabwe Amendment (No. 3) Act of 2026.

The veterans, represented by constitutional law professor Lovemore Madhuku, are seeking direct access to the Constitutional Court, arguing that the challenge raises issues of exceptional national importance, particularly the removal of citizens’ direct right to elect the president.

The application was heard on Tuesday by a three-judge panel comprising Deputy Chief Justice Rita Makarau, Justice Paddington Garwe and Justice Chinembiri Bhunu.

Madhuku told journalists after the hearing that the veterans wanted the matter ultimately determined by a full bench of the Constitutional Court.

“This case is very important and we want it to be determined by the Constitutional Court,” Madhuku said.

“Our argument is that you cannot take away the rights of citizens to vote for the rightful president without a referendum. We want that to be determined by a full court.”

The Constitution Amendment (No. 3) Act changed Zimbabwe’s presidential electoral system by removing the direct election of the president and providing for the president to be elected by Parliament.

The veterans’ argument is that although Chapter Four of the Constitution, which contains the Declaration of Rights, was not expressly amended, the changes made elsewhere in the Constitution have the effect of altering rights protected under it.

” In that case you have actually affected the Bill of Rights and you need a referendum,” Madhuku argued in court.

The Constitution requires a referendum for amendments that alter provisions protected by its entrenched provisions, and the veterans contend that the amendment indirectly affects citizens’ electoral rights.

Madhuku said the State had focused much of its argument on why the veterans should first approach the High Court instead of addressing what he described as the exceptional circumstances surrounding the challenge.

The immediate battle before the Constitutional Court is therefore over whether the veterans will be allowed to bypass the High Court and have their constitutional challenge heard directly by the apex court.

“If they allow us it will be a big victory, I would say, in round one. If we get access to the full court…” Madhuku said.

Should the Constitutional Court grant direct access, the substantive challenge would then be placed before a full bench for determination.

If the application is dismissed, the veterans intend to pursue the challenge through the High Court.

Madhuku said the veterans’ case was the first of several legal challenges being mounted against the amendment.

“A separate matter brought by Prince Sibanda is set for hearing before the full bench on September 30, while cases filed by the MDC under Douglas Mwonzora and the NCA are also pending,” he said.

“All these will be dealt with by the same legal team. They are all taking different angles.”

The amendment has become the subject of multiple constitutional challenges since its enactment, with the legal disputes focusing on issues including the presidential electoral system and whether the constitutional procedures required for such changes were followed.

For the six war veterans, however, the immediate issue is whether they will be permitted to take their challenge directly to the country’s highest constitutional court.

The Constitutional Court reserved judgment without indicating when it would deliver its ruling.

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