A fresh legal challenge has been filed at the High Court seeking to halt further parliamentary processes on the Constitution of Zimbabwe Amendment Bill (No. 3), 2026, escalating tensions around the controversial legislation and its consultative process.
Pro-democracy campaigner Allan Chipoyi and former legislator Amos Chibaya are asking the court to interdict Parliament of Zimbabwe and Speaker Jacob Mudenda from proceeding with any further stages of the Bill, including the tabling of reports on public consultations and the Second Reading.
In their application, the applicants argue that the parliamentary public hearings conducted between March 30 and April 2, 2026, were procedurally flawed and constitutionally deficient. They contend that the process violated their right to freedom of expression, stating the hearings “violated their right to freedom of expression as protected under section 61 of the Constitution” and “failed the test of fairness and inclusivity,” rendering the outcome “a nullity ab initio.”
The application also seeks an order compelling Parliament to conduct fresh hearings that are “safe and inclusive,” placing procedural legitimacy at the centre of the dispute rather than the substantive content of the Bill itself.
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The case adds to a growing wave of legal and political resistance to Amendment Bill No. 3, which has drawn scrutiny over both its provisions and the manner in which public consultations have been conducted. Legal analysts note that courts have increasingly become a battleground for constitutional disputes in Zimbabwe, particularly where legislative processes are alleged to fall short of constitutional standards.
At the core of the challenge is whether Parliament fulfilled its constitutional obligation to facilitate meaningful public participation. Section 141 of the Constitution requires Parliament to ensure that the public is involved in legislative processes, a standard that has been interpreted by courts to go beyond formal hearings to include accessibility, safety, and genuine opportunity for input.
If the High Court grants the interim relief sought, it could temporarily halt the legislative process, delaying the Bill and forcing Parliament to revisit its consultation framework.
Conversely, if the application is dismissed, it may reinforce Parliament’s current approach to public hearings, setting a precedent for future legislative processes.
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