By Chenesai Mugwadi
The Constitutional Court on Monday reserved judgment in a case challenging the Constitution of Zimbabwe Amendment (No. 3) Act, 2026, which removed the direct election of the President.
The matter, Case CCZ278/26, was filed by Eliphas Kawa and Hazvineyi Machingura, who are seeking direct access to the Constitutional Court for a declaration that provisions of the amendment are invalid.
No date has been set for delivery of judgment on the preliminary issue of direct access.
What the Amendment Does
The Amendment Act, signed by President Emmerson Mnangagwa on 7 July 2026, repealed and replaced Section 92 of the Constitution.
Previously, the President was elected directly by registered voters in a general election.
Under the new provision, the President is elected by members of Parliament sitting jointly as the Senate and National Assembly.
The amendment also expands the Senate from 80 to 90 members, providing for 10 additional senators appointed by the President on the basis of professional skills and competencies.
The Challenge
The applicants argue that the removal of the right to directly elect the President infringes Section 67 of the Constitution.
They argue that the section provides for political rights, and that such a fundamental change required approval by referendum in terms of Section 328.
The State is opposing the application.
The amendment has attracted multiple legal challenges.
The Court will first determine whether the applicants meet the threshold for direct access before considering the substantive constitutional issues.
If upheld, the new system will replace direct presidential elections with an electoral college model based in Parliament.
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