Postponing elections for Mnangagwa to remain in power till 2030 is still unconstitutional

The recent revelation by ZANU-PF Harare provincial chairman Goodwills Masimirembwa that the ruling party is considering postponing the 2028 elections to 2030 is a brazen attempt to extend President Emmerson Mnangagwa’s time in power through unconstitutional means.

It is a desperate scheme that exposes the faction that backs President Mnangagwa’s realization that amending the Constitution directly to remove presidential term limits is a near-impossible task due to legal and political barriers.

Instead of following the democratic principles enshrined in Zimbabwe’s 2013 Constitution, the “ED 2030 faction” is now attempting a backdoor maneuver, disguising it as a mere “postponement” of elections, while in reality, it is an illegal extension of Mnangagwa’s rule.

This proposal, however, does not hold up under constitutional scrutiny and represents an affront to democracy, constitutionalism, and the rule of law in Zimbabwe.

To directly receive articles from Tendai Ruben Mbofana, please join his WhatsApp Channel on: https://whatsapp.com/channel/0029VaqprWCIyPtRnKpkHe08

At the heart of this proposal is the belief that postponing elections does not technically extend Mnangagwa’s term, since section 95(1) of the Constitution defines a presidential term as five years.

The proponents of this scheme argue that since the term limit provision under section 91(2) prohibits a president from serving more than two terms, but does not define what constitutes a “term” outside of the five-year period, delaying elections to 2030 does not violate this limitation.

In their view, Mnangagwa would still serve only two terms, except that the second one would end in 2030 instead of 2028.

This is a deliberate distortion of the Constitution and a blatant manipulation of legal principles to achieve an outcome that is both unconstitutional and politically indefensible.

The Constitution is explicit that a presidential term lasts five years [section 95(2)(b)], and elections must be held at the end of each term.

Section 158(1)(a) states unequivocally that a general election must be held not more than 30 days before the expiry of the President’s five-year term.

This means that the latest possible date for the 2028 elections should be in July 2028.

Any attempt to delay elections to 2030 is, therefore, an outright violation of this provision.

If President Mnangagwa’s faction were to push through such a postponement without a constitutional amendment, it would be engaging in blatant illegality.

There is no room for legal gymnastics to justify such a maneuver.

The Constitution is not ambiguous on how long a president’s term lasts or when elections should be held.

Even if Mnangagwa’s supporters argue that postponing elections does not technically grant him a “third term,” they cannot escape the fact that such a delay would extend his second term beyond the constitutionally mandated five years, which is itself an unconstitutional act.

The Zimbabwean Constitution does not provide for any mechanism that allows an incumbent president to remain in power beyond the end of their five-year term except in cases of extreme national emergencies, such as war.

Even in such cases, the Constitution does not grant indefinite extensions of the presidential term but provides for legal frameworks for handling governance during crises.

If Mnangagwa and his supporters believe that elections should be postponed, they would have to amend section 158(1)(a) to allow for the change.

Postponing elections from 2028 to 2030 effectively extends the president’s term from five years to seven years.

However, any amendment affecting presidential terms is subject to section 328(7), which categorically states that a sitting president cannot benefit from an amendment to term limits.

This provision was deliberately included in the Constitution to prevent incumbents from manipulating electoral timelines for their benefit, a tactic that has been commonly used by authoritarian leaders across Africa.

In essence, even if Parliament were to attempt to change the election schedule, Mnangagwa himself would be disqualified from benefiting from the change.

This renders the entire proposal not only unconstitutional but also legally unenforceable.

President Mnangagwa’s supporters’ push for this extension is not just a constitutional violation—it is a political admission of weakness and fear.

If the “ED 2030 faction” was confident in its ability to win the constitutional amendment referendum fairly, there would be no need to resort to underhanded tactics to extend his term.

This is the same faction that has all along tried to make everyone believe that the push for President Mnangagwa to stay in power past his two five-year term limit was “from the people”.

So, why the fear to take the referendum route?

The fact that such a proposal is being openly floated suggests that Mnangagwa and his allies are deeply uncertain about their ability to secure victory in a public referendum, especially given the economic collapse, rising public dissatisfaction, and growing divisions within ZANU-PF itself.

Instead of fixing the governance failures that have led to Zimbabwe’s deepening crisis, Mnangagwa’s faction is now focusing on retaining power through unconstitutional means.

This move also exposes the long-standing authoritarian tendencies of ZANU-PF, which has repeatedly undermined democratic processes whenever it suits its interests.

The ruling party has a long history of rigging elections, manipulating institutions, suppressing opposition voices, and weaponizing the judiciary to maintain its grip on power.

The latest proposal to delay elections follows this familiar pattern of prioritizing political survival over democratic legitimacy.

It is a stark reminder that ZANU-PF has never been interested in true democracy but only in maintaining power at all costs.

What is particularly disturbing about this plan is the silence of the Zimbabwe Electoral Commission (ZEC), the Constitutional Court, and other institutions that are supposed to uphold the rule of law.

If Zimbabwe were a functioning democracy, a proposal of this nature would have been immediately condemned by all independent institutions, civil society organizations, and legal experts.

However, the fact that ZEC and the judiciary remain silent indicates a worrying level of state capture, where institutions that should serve as checks on executive overreach have been compromised to serve particular interests.

If this plan were to be implemented, it would set a dangerous precedent for future elections in Zimbabwe.

If President Mnangagwa’s supporters successfully delay elections under the pretext of administrative convenience, what would stop them from doing the same again in 2030?

The erosion of constitutional norms does not happen overnight; it begins with small manipulations that eventually normalize anti-democratic practices.

The longer Zimbabweans allow such constitutional violations to go unchallenged, the harder it becomes to reclaim democratic legitimacy in the future.

The opposition, civil society, and all Zimbabweans who value democracy must take this proposal seriously and mobilize to resist it.

The international community must also remain vigilant and pressure the Zimbabwean government to respect constitutional provisions.

The Southern African Development Community (SADC), the African Union (AU), and other democratic partners must be engaged to ensure that this plan is exposed for what it is—an illegal power grab disguised as a procedural adjustment.

Ultimately, the responsibility to stop this unconstitutional maneuver rests with the people of Zimbabwe.

The Constitution is only as strong as the willingness of citizens to defend it.

If Zimbabweans allow rogue elements to proceed unchecked, they risk setting a precedent where constitutional provisions are meaningless and elections are held at the whim of the person in power.

This is not just about Mnangagwa’s bid to cling to power—it is about the future of democracy in Zimbabwe.

The people must resist this blatant attack on constitutionalism, or risk losing their hard-won democratic rights permanently.

• Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/