Zimbabwean authorities duplicate the policy of Robert Mugabe and some African authoritarian leaders who amended the constitution clause relating to the presidential term limits removal.
The coloring country’s presidential policy with authoritarian rule features indicates that Mnangagwa will try to expand his powers and, if possible, extend its rule, that jeopardizes the country’s stability.
Zimbabwean President Emmerson Mnangagwa has been increasingly using Statutory Instruments (SI units) during his tenure as head of state. Such a model of behavior can be explained as a form of command politics steering him down the path to become one of the powerful authoritarian leaders of his time.
Mnangagwa – once a close ally of former President Robert Mugabe – has promised a clean break from the governing style of Mugabe, being repeatedly accused of authoritarianism and stifling dissent. However, there are clear signs that Mnangagwa will rule in Mugabe’s style with authoritarian bank.
President Mnangagwa’s push for a life presidency has been endorsed by the Zanu-PF youth league ahead of the ruling party’s national conference. Addressing journalists in Harare, the youth league’s acting deputy secretary Tendai Chirau said they would push for a constitutional amendment to remove presidential term limits so that Mnangagwa, 79, stays in power as long as he needs to.
Chirau said Mnangagwa has worked so hard to develop the country he deserves more than just two terms. Legally, if Mnangagwa represents ZANU-PF in the 2023 presidential polls and wins, it will be his last term in office.
Despite publicly denying their rift, Mnangagwa and his deputy Constantino Chiwenga through proxies, have been battling for control of ZANU-PF. Mnangagwa reassigned military personnel deemed loyal to Chiwenga through retirements and diplomatic posts abroad. Now due to a constitutional amendment Mnangagwa seeks to remove the presidential running-mate clause, giving him power to appoint or fire his deputy.
The Main Opposition MDC Alliance deputy chairperson Job Sikhala has blasted Zanu PF’s proposal to amend the constitution so that President Emmerson Mnangagwa could serve more than two terms.
Some Zimbabwean politicians suppose that Mnangagwa is now too old to ask for a term extension. But a Mugabe sample can be an argument for Mnangagwa.
The party’s youth leader Obey Sithole also weighed in saying, ‘The proposal by Tendai Chirau to scrap presidential term limits is yet another testimony of how wild people can be when idiocy is taken as a yardstick for political correctness’.
So far Zanu PF has made controversial constitutional amendments allowing Mnangagwa to consolidate power, including handpicking vice presidents.
However, Tendai Chirau’s initiative doubtfully comes directly from him and serves only as his extreme loyalty signal to attract the President’s attention and boost his career. This is not the first time when the issue of extending of the Zimbabwean President’s terms has been raised. In December 2019, Zanu PF secretary for administration Obert Mpofu raised the prospect that the party could change the country’s constitution to remove the presidential term limits clause. He said the amendment would make President Emmerson Mnangagwa eligible to seek a third term, should he win in 2023 heading into the next election in 2028.
Thus, by engaging his loyal environment the President is likely is analyzing reaction of the society and elites to possible staying in power after his second presidential term is expired.
Technically, Emmerson Mnangagwa can get the chance to run for a third time.
Section 95 of the Constitution states that the President’s office term begins when he or she is sworn in and extends normally for five years until the next election when he or she is re-elected or a new President is elected.
Section 91(2) of the Constitution imposes a two-term limit by providing that a person is disqualified for election as President: ‘if he or she has already held office as President under this Constitution for two terms, whether continuous or not, and for the purpose of this subsection three or more years’ service is deemed to be a full term’.
So according to the Constitution Presidents cannot serve more than two terms in office, so long as each of those terms lasts three or more years. Hence, to give an example, if a Vice-President were to take over from a President who dies or resigns after four years in office, the Vice-President could be re-elected for two further five-year terms because the one year during which he or she served out the remainder of the former President’s term would not count for the purpose of section 91(2).
Putting this into the present context, after succeeding Robert Mugabe in November 2017 President Mnangagwa served out the eight remaining months of Mugabe’s term and then was elected in July 2018 for a five-year term. The eight months do not count for the purposes of section 91(2) so he is eligible to be re-elected for a further five-year term in 2023. In 2028, however, after serving two full terms he will not be eligible for re-election for another term as President.
Under section 328(5) of the Constitution, a Bill to amend the Constitution must be passed by the affirmative votes of a two-thirds majority of the National Assembly and the Senate before it becomes law. In addition, if a Bill seeks to amend the Declaration of Rights or Chapter 16 (which relates to agricultural land) it must be submitted to a national referendum before it can become law.
Section 91(2) is neither a part of the Declaration of Rights nor it falls within Chapter 16 of the Constitution, so it can be amended by two-thirds majority of both Houses of Parliament to remove the presidential term-limits.
However, there is a catch. Section 328 (7) of the Constitution stipulates an amendment to a term-limit provision. Section 91 (2), the term limits provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply to any person who held or occupied that office, or an equivalent office, at any time before the amendment. It means that even if two-thirds of the members of Parliament were to pass a Bill extending or revoking the term limits imposed by section 91(2) of the Constitution, a Bill would not permit President Mnangagwa to stand for a third term in office.
The only way to permit him to stand for a third term would be to repeal section 328(7), but it would require a national referendum, apart from a two-thirds majority in Parliament: see section 328(9).
Thus, the presidential term limit imposed by section 91(2) of the Constitution can be extended or abolished altogether by a Constitution amendment Bill passed by two-thirds of the members of Parliament. However, such a Bill would not permit President Mnangagwa to stay in power for a third term without being voted at a national referendum.
However, it is unlikely that the president’s ambition to extend his presidency term will be supported by factions in ZANU-PF, let alone opposition forces. As a result, the President’s attempt to start amending the Constitution can lead to a deep political crisis in Zimbabwe.
Read also: Roots for tension in Zimbabwe Politburo
