The Legal Challenge to Zanu PF’s Resolution No 1 of 2024
A pressure group based in Matabeleland, Ibetshu LikaZulu, has initiated a legal challenge at the Constitutional Court (ConCourt) to prevent the government from implementing Zanu PF’s Resolution No 1 of 2024. This resolution aims to extend President Emmerson Mnangagwa’s tenure by two years, pushing his term until 2030.
Ibetshu LikaZulu is known for its efforts to address the unresolved issue of the Gukurahundi mass killings. Its leader, Mbuso Fuzwayo, argues that extending Mnangagwa’s rule would violate the Constitution. The group claims that such an extension infringes on their constitutionally guaranteed political rights, including the right to free and regular elections under section 87, as well as freedom of association under section 58.
The controversial resolution was adopted by Zanu PF during its annual conference in Bulawayo last year. It proposed extending Mnangagwa’s term as both President of Zimbabwe and first secretary of the ruling party beyond 2028. At a similar conference held in Mutare last month, Zanu PF resolved to take necessary steps to amend the Constitution to implement this resolution.
In the application, Fuzwayo and Ibetshu LikaZulu are represented by Sithole Law Chambers. They have named Zanu PF, the Justice, Legal and Parliamentary Affairs minister (who also serves as the party’s secretary for legal affairs), the Speaker of Parliament, the Attorney-General, and Mnangagwa as respondents.
The applicants are seeking an order of leave for direct access to the ConCourt over Resolution No 1 of 2024. They argue that the resolution infringes on their constitutional rights by limiting political space and potentially entrenching incumbency. Fuzwayo submitted an affidavit stating that the resolution creates a real and imminent threat of unconstitutional action, particularly given public pronouncements by government officials, including the Justice, Legal and Parliamentary Affairs minister, Ziyambi Ziyambi.
Fuzwayo highlighted that implementing the resolution would require amending sections 95(2)(b) (presidential term of office) and 143(1) (parliamentary lifespan). Opponents argue that these provisions are term-limit clauses under section 328(1), which triggers the requirement for a national referendum under section 328(7). Without referendums, the resolution risks entrenching incumbency and favoring Mnangagwa.
He argued that this move threatens the rule of law by bypassing referendum safeguards and eroding multiparty democracy. Fuzwayo claimed that the resolution undermines foundational values enshrined in section 3 of the Constitution, including the supremacy of the Constitution, the rule of law, and multiparty democracy.
Fuzwayo also submitted that the resolution violates section 50 of the Constitution, which guarantees equal protection of the law. He argued that the resolution favors the President through incumbency extension, discriminating against other citizens’ political participation and creating unequal access to office.
The legal challenge is grounded in the urgency of the matter, as the government has expressed a commitment to act on the resolution through ministerial statements on public and private media. Fuzwayo noted alarming evidence of the petrol bombing of the Southern Africa Political Economy Series (Sapes) premises ahead of a news conference by opponents of the resolution scheduled for October 28, 2025.
If granted direct access, Fuzwayo plans to seek an interdict prohibiting the respondents from taking any steps to implement Zanu PF’s Resolution No 1 pending the court’s determination. He also seeks a declaration that the implementation of the resolution infringes on his rights under sections 3, 56, and 67 of the Constitution if sections 95(2)(b) and 143(1) are term-limit provisions under section 328(1) and (7).
Fuzwayo is not seeking any order for costs against the respondents, emphasizing the public and national importance of the case. The application remains pending.