ConCourt Puts Four CAA3 Challenges on Hold as War Veterans Await Judgment

By Staff Reporter
HARARE — Four constitutional challenges against the controversial Constitution of Zimbabwe Amendment (No. 3) Act of 2026 (CAA3) have been removed from the Constitutional Court roll, leaving the legal battle over the amendments in limbo.

Constitutional law professor Lovemore Madhuku said five separate challenges remain before the apex court, with only the war veterans’ direct-access application having been heard so far.

The six war veterans appeared before the Constitutional Court on September 22 seeking direct access to challenge the removal of the citizens’ direct vote for president.

CAA3 changed the presidential election system, providing for the President to be elected by a joint sitting of the Senate and National Assembly instead of through a direct vote by citizens.

The veterans argue that removing the direct presidential vote affects a constitutionally protected right and therefore required approval through a referendum.

The State opposed the application, arguing that the veterans had not satisfied the requirements for direct access and should first approach the High Court.

The Constitutional Court reserved judgment.

Madhuku said the judgment would determine whether the veterans can proceed with their substantive challenge before the Constitutional Court.

Four other challenges have now been removed from the roll.

One was filed by the MDC led by Douglas Mwonzora and challenges the removal of citizens’ direct participation in presidential elections. The case had been scheduled for September 23.

Another was brought by former Binga North legislator Prince Dubeko Sibanda and challenges the application of the amendments to incumbent office-holders, relying on Section 328(7) of the Constitution. It had been set down for September 30.

A fourth case, involving war veterans represented by former Finance Minister Tendai Biti, challenges several aspects of the constitutional amendment process. It had been scheduled for October 7.

The fifth matter was filed by National Constitutional Assembly member Vhurande Mahlupeko and challenges the parliamentary process, arguing that provisions were amended despite not having been contained in the legislation as originally gazetted.

Madhuku said the removal of the four matters from the roll should not be interpreted as a ruling against the applicants.

He said the cases raise overlapping constitutional questions and could potentially be handled through a coordinated case-management process.

The Constitutional Court has not yet announced fresh hearing dates or formally confirmed that the four matters will be consolidated.

The developments leave the war veterans’ application awaiting judgment, while the other four challenges remain pending further directions from the Constitutional Court.