CONSTITUTION OF ZIMBABWE (AMENDMENT) BILL (NO. 3), 2026

H.B. 1, 2026

Memorandum

This Bill introduces a set of reforms intended to reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates, and harmonise Zimbabwe’s constitutional order with practices adopted in other jurisdictions.

The Bill proposes changes across electoral administration, executive and parliamentary tenure, judicial appointments, constitutional commissions, and the functions of key State institutions. It forms part of what is described as a broader constitutional evolution aimed at improving institutional efficiency, political inclusivity, and long-term national stability.

The detailed provisions of the Bill are outlined below.

CLAUSE-BY-CLAUSE SUMMARY

Clause 1

Provides the short title of the Bill.

Clause 2

Transfers responsibility for registering voters, compiling voters’ rolls, and maintaining voter registers from the Zimbabwe Electoral Commission to the Registrar-General.

Clause 3

Replaces the direct election of the President with a parliamentary system.

The President shall be elected by Members of Parliament sitting jointly as the Senate and National Assembly. A candidate must secure more than half of the valid votes cast. If no candidate obtains a majority, a run-off ballot is held between the two leading candidates.

The election is to be presided over by the Zimbabwe Electoral Commission or a designated judge, in accordance with Parliament’s Standing Orders.

Clauses 4, 9 and 10

Substitute the current five-year term of office for the President and Parliament with a seven-year term.

These amendments affect:

• Section 95 (President and Vice-Presidents)
• Section 143 (Duration of Parliament)
• Section 158 (Timing of elections)

The amendments also introduce provisions stating that, notwithstanding Section 328(7), the revised tenure applies to the continuation in office of incumbents.

Clause 5

Deletes the word “first” before “Vice President” in Section 100.

Clause 6

Amends succession provisions to provide that where the President-elect dies, resigns or is removed from office, Section 92 (parliamentary election of the President) shall apply.

Clause 7

Amends Section 114 by replacing “High Court” with “Supreme Court” regarding qualifications for appointment as Attorney-General.

Clause 8

Increases the total number of Senators from 80 to 90.

Provides for ten Senators appointed by the President, chosen for professional skills and competencies.

Clause 11

Creates a new Zimbabwe Electoral Delimitation Commission responsible for drawing electoral boundaries.

The Commission shall consist of:

• A Chairperson qualified as or eligible to be a Supreme Court judge
• Four other members with specified legal, governance, demographic and electoral expertise

Clauses 12 and 13

Substitute references to the Zimbabwe Electoral Commission with the Zimbabwe Electoral Delimitation Commission in sections relating to boundary delimitation.

Clause 14

Expands the jurisdiction of the Constitutional Court to hear any matter involving an arguable point of law of general public importance.

Clause 15

Repeals subsections 180(3), (4), (4a) and (5).

Judges are to be appointed after consultation with the Judicial Service Commission.

Clause 16

Amends Section 212 (Functions of Defence Forces) by replacing the phrase:

“and to uphold this Constitution”

with:

“in accordance with the Constitution.”

Clause 17

Repeals several functions of the Zimbabwe Electoral Commission under Section 239 and reassigns them to:

• The Registrar-General
• The Zimbabwe Electoral Delimitation Commission

Clause 18

Repeals Part 4 of Chapter 12 of the Constitution, thereby dissolving the Zimbabwe Gender Commission.

Clause 19

Transfers gender-related functions to the Zimbabwe Human Rights Commission.

Clause 20

Removes the requirement for the President to appoint the Prosecutor-General on the advice of the Judicial Service Commission.

Clause 21

Repeals Section 281(2) concerning traditional leaders.
Their code of conduct will be governed by an Act of Parliament.

Clause 22

Repeals Part 6 of Chapter 12 of the Constitution, dissolving the National Peace and Reconciliation Commission.

BILL

To amend the Constitution of Zimbabwe.

WHEREAS Sections 88 and 117 of the Constitution provide that:

Section 88(1)
Executive authority derives from the people of Zimbabwe and must be exercised in accordance with this Constitution.

Section 117(1)
Legislative authority derives from the people and is vested in and exercised in accordance with this Constitution by the Legislature.

AND WHEREAS national development programmes benefit from stability and continuity of policies and legislative frameworks within a predictable governance environment;

NOW, THEREFORE, be it enacted by the President and Parliament of Zimbabwe as follows—

1. Short Title

This Act may be cited as the Constitution of Zimbabwe (Amendment) Bill (No. 3), 2026.

2. Insertion of Section 43A

43A Registration of Voters, Voters’ Rolls and Registers

The Registrar-General shall:

(a) register voters;
(b) compile voters’ rolls and registers;
(c) ensure proper custody and maintenance of voters’ rolls and registers.

3. Amendment of Section 92 — Election of President

The President shall be elected by Members of Parliament at a joint sitting.

Key provisions include:

• Majority vote required
• Run-off if no absolute majority
• Election presided over by ZEC or designated judge
• Vacancy to be filled within 30 days
• No substantive policy amendments during vacancy period

4. Amendment of Section 95

Substitutes “five years” with “seven years” for Presidential tenure.

Introduces subsection (2a):

“Notwithstanding section 328(7), subsection (2)(b) shall apply to the continuation in office of the President.”

5. Amendment of Section 100

Deletes the word “first” before “Vice President.”

6. Amendment of Section 101

Provides that in the event of death, resignation or removal of a President, Section 92 shall apply.

7–22

(Amendments as summarised above relating to Senate composition, electoral delimitation, judicial appointments, defence forces, constitutional commissions, and repeal of the Gender Commission and National Peace and Reconciliation Commission.)