July 5, 2026
CAB3 Sails Through Parliament After Marathon Debate, Contentious Defence Clause Amended

CAB3 Sails Through Parliament After Marathon Debate, Contentious Defence Clause Amended

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Harare — The Constitution of Zimbabwe Amendment (No. 3) Bill [H.B. 1, 2026] has successfully passed its Second Reading and Committee Stage after a record-breaking parliamentary session that stretched past midnight, with legislators debating until nearly midnight on Wednesday .

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi confirmed that a historic 182 Members of Parliament made substantive contributions during the Second Reading debate — the most ever for a constitutional amendment in Zimbabwe’s history. Of these, 111 supported the Bill in its entirety, while 30 opposed it .

Contentious Defence Clause Finally Resolved

The most fiercely debated provision was Clause 20 (originally Clause 16), which sought to amend Section 212 of the Constitution regarding the role of the Defence Forces. The original Bill proposed changing the military’s mandate from “to uphold this Constitution” to “in accordance with this Constitution” .

Opposition MPs, including Agency Gumbo who represents Hatcliffe, argued the amendment was an attempt at “coup-proofing” — weakening the military’s constitutional guardianship role following the 2017 military intervention that brought President Mnangagwa to power .

Gumbo told the House: “The government of the day is a direct beneficiary of the clause that gives power to the military to uphold the constitution. We must not forget that. Now, we see attempts at coup-proofing” .

CCC MP Thomas Muwodzeri warned that removing the “uphold” language would turn the military into an “instrument of executive will” .

However, Energy Minister July Moyo and other government MPs argued that with the shift to a parliamentary executive system, the military must be subordinate to civilian authority.

After lengthy deliberation, Minister Ziyambi introduced a compromise amendment, which was adopted, retaining the “uphold” language while adding qualifying clauses. The final Clause 20 now reads: “Subject to Sections 207 and 208, the function of the defence forces is to protect Zimbabwe, its people, its national security, interests, its territorial integrity and to uphold the Constitution” .

Opposition Mounts Rearguard Action

The Committee Stage descended into disorder as opposition MPs mounted a sustained rearguard action to challenge the Bill’s provisions .

Edwin Mushoriwa, the legislator for Dzivarasekwa proposed the deletion of Clause 1, arguing that removing the short title would effectively eliminate the Bill from Parliament’s legislative agenda . This sparked heated exchanges, with Zanu PF MPs resisting attempts to derail the process.

Mushoriwa also led opposition to Clause 3, which proposes that Parliament elect the President instead of direct popular vote. He argued: “The powers vested in the Office of the President are so huge. An office like that needs to be elected by all the people of Zimbabwe so that they can have faith and confidence in that office” .

Gladys Hlatywayo (Proportional Representation) forcefully rejected Clause 3, arguing: “Electing a President is an act of sovereignty and restricting the Electoral College to Parliament in the context of Zimbabwe is taking away the sovereignty of the people” .

She further warned the mixed electoral system being proposed—where MPs are elected through first-past-the-post while the President would be elected by proportional representation—was designed to favour certain political actors: “Let us come up with systems that work for the country and not work for political parties” .

Gumbo also challenged the legal interpretation of Clause 4, arguing the extension of the presidential term from five to seven years with an overriding clause would defeat Section 328(7) of the Constitution, which bars amendments to term limits from benefiting sitting officeholders . He warned of “unconstitutional constitutional amendments” that seek to remove safeguards created by the Constitution against self-serving amendments.

Charlton Hwende (Kuwadzana) proposed several amendments, including that the Delimitation Commission publish all electoral boundaries and maps in machine-readable format, and that political parties be consulted before any delimitation report is finalised. He also called for an independent audit of the Voters’ Roll before every general election, arguing: “At the heart of the dispute in elections in this country has been the issue of the Voters’ Roll” .

Ziyambi’s Bombshell

Minister Ziyambi delivered a stunning revelation that left opposition MPs in an uncomfortable position. He disclosed that Clause 2 of CAB3—which transfers voter registration from ZEC to the Registrar-General’s Office—originated from opposition legislators Charlton Hwende, Tendai Biti and Alan Markham in May 2023 during the Committee Stage of the Electoral Amendment Bill .

“The proposal to retain voter registration with the Registrar-General did not originate with this government. It first came from the opposition benches of this House,” Ziyambi told MPs, citing the Hansard record .

He added: “We are now completing through the proper door what this House had already, across its divisions, found common ground to do” .

Tsvangirai Cornered

In a dramatic turn, CCC MP Richard Tsvangirai, who had previously opposed the Bill in its entirety, found himself cornered after proposing an amendment for youth representation in local councils. Minister Ziyambi noted: “At 11 o’clock on the 17th, there was a baptism of Hon. Tsvangirai to the extent that he retracted his words that he opposes the Bill in its entirety. I am pleased that he agreed to be sent as an emissary of youths from across the divide” .

Tsvangirai had proposed that at least 10% of local council seats be reserved for youths between 18 and 35 years through a quota system, a proposal that received government support.

Other Key Provisions Passed

The Bill, which now moves to the Senate, includes several major amendments:

· Presidential term extension from five to seven years, without requiring a referendum

· Parliamentary election of the President, replacing direct citizen voting

· Transfer of voter registration from ZEC to the Registrar-General’s Office

· Establishment of a Zimbabwe Delimitation Commission to handle boundary demarcation

· Expansion of the Senate from 80 to 90 members, with 10 appointed by the President for their professional skills

Gender Commission Retained

In a rare display of cross-party unity, MPs from both sides successfully pushed for the retention of the Zimbabwe Gender Commission as a standalone constitutional body. Government accepted the recommendation after numerous female MPs, including Hon. Mutandi and Hon. Makombe, argued against its merger into the Human Rights Commission .

Minister Ziyambi conceded: “Consultation is not theatre. Government stands guided by that recommendation” .

Public Participation Figures

The Joint Committee on the Bill received 540,037 written submissions, with 537,102 in support and 2,935 against. A further 54,231 citizens attended provincial public hearings — the most extensive consultation in Zimbabwe’s constitutional history .

Opposition MPs disputed these figures, with some alleging the hearings were stage-managed. However, Minister Ziyambi countered: “One cannot demobilise their own supporters and then dispute the arithmetic of those who showed up” .

What’s Next

The Bill, having passed the National Assembly with amendments, now proceeds to the Senate. If approved, it will be referred to the Parliamentary Legal Committee before being signed into law by the President


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