MDC Sues President Over Constitution Amendment Signed Without Referendum

By Desire Tshuma

HARARE — The Movement for Democratic Change has filed an application in the Constitutional Court challenging President Emmerson Mnangagwa for signing the Constitution of Zimbabwe Amendment Bill into law without holding a national referendum.

In papers commissioned on 9 July 2026, the MDC named the President as the first respondent. Parliament, the Minister of Justice, Legal and Parliamentary Affairs, and the Attorney General are also cited as respondents.

The MDC says the President signed the Bill on 4 July 2026 in violation of Section 328(5) of the Constitution. That section, according to the party, requires a referendum before the President can assent to any Bill that seeks to change how the President is elected.

In a founding affidavit, MDC President Douglas Togaraseyi Mwonzora argued that the amendments affect the election of the President, Vice Presidents and Members of Parliament. He said the changes mean the President will no longer be elected by a direct vote of the people, and that this undermines constitutional principles of good governance, universal adult suffrage and equality of votes.

The party also contends that the amendments weaken the presidential two-term limit provided for in the Constitution.

The MDC is asking the Constitutional Court to declare the amendments unconstitutional because they were passed without a referendum. In the alternative, it wants the Court to order the President to submit the Bill to a referendum before it can take effect.

The respondents have 10 days from the date of service to file a notice of opposition at the High Court in Harare. If no response is filed, the matter will proceed as an unopposed application.

The case is expected to test how the Constitution should be amended on issues relating to elections and the office of the President.