Our Time, Our Duty: Why Young Zimbabweans must stand against Constitutional Abuse

By Tapiwanashe Chiriga

In any democratic society, the constitution serves as the foundational legal and moral compass of governance. The supreme law of the land defines the rules of political engagement, limiting the terms and reach of power for the elite and protecting the powerless ordinary proletariat. The Constitution of Zimbabwe, adopted by over 94% of our people who participated in the 2013 referendum, with many Zimbabweans hopeful that it will lead the country towards democratization. The constitution was endorsed because it was a departure from the Lancaster House Constitution which had unfettered Executive powers, with no term limits for the president. However, this new charter ushered in term limits, a comprehensive Bill of Rights and clear safeguards against abuse of power. In the 12 years of its existence, this much praised Constitution has been amended twice to concentrate power in the hands of the Executive. Today, the Constitution faces a third amendment as the ruling party, the Zimbabwe African National Union-Patriotic Front (ZANU PF) are pushing for the extension of President Emmerson Mnangagwa’s term in what has become known as the “2030 agenda.” The proposed extension goes beyond the two-term limit enshrined in Section 91 of the constitution, further eroding the constitutional guardrails that limited executive authority.

People’s Power Undermined as Tensions Mount Over Future of 2013 Constitution

The 2013 Constitution was born out of a protracted fight for a people driven Constitution, pushed by the pro-democratic forces led by the then National Constitutional Assembly (NCA) formed in 1997. The NCA vigorously campaigned for the rejection of a government sponsored constitution in the referendum of 2000. The NO VOTE was a clear demonstration that the people of Zimbabwe wanted to be authors of their constitution and in 2013, they affirmed the proposed document because it spoke to the aspirations of our people and fulfilled the liberation promise of a democratic Zimbabwe. It reflects the collective will of Zimbabweans to break from a legacy of authoritarianism and autocracy through the establishment of term limits, which are critical guardrails against the personalization of state power. Constitutional scholar Tom Ginsburg notes that “term limits are one of the most effective ways to ensure peaceful turnover of power and limit the emergence of dictatorship.” If there is anything the thirty-seven years of Robert Mugabe’s ruinous dictatorship taught us, it is the inescapable truth that rulers who overstay their welcome bring the worst ruin, and the country must never appease their insatiable appetite for power at the expense of democracy and the country. If Zimbabweans are to allow these limits to be undermined, it opens the door to unchecked rule and irreversible democratic backsliding.

Reclaiming our future

Young Zimbabweans cannot afford to be passive observers in this political moment. Constituting more than 60% of the populace, we are stakeholders with the most to lose. With rising unemployment, limited access to education, and widespread disenfranchisement, young people already face immense socio-economic hurdles to their growth and the realization of the ever-elusive Zimbabwean dream. In the face of these pressing national problems the country cannot afford the extravagance of two referendums at the expense of economic development. Extending Mnangagwa’s rule will not address these challenges. Instead, it will deepen corruption, entrench his patronage networks, and stifle meaningful reform. Amending the Constitution to extend Mnangagwa’s corruption laden reign will solidify the “Zvigananda” style endemic corruption and pillaging that has ravaged our economy. Whatever hope we have left for the future will be obliterated. As Frantz Fanon argued, “Every generation must, out of relative obscurity, discover its mission, fulfill it, or betray it.” For the Zimbabwean youth, defending the Constitution is that mission. It is a chance to reclaim agency, shape national discourse, and demand leadership that respects legal limits.

It is important that young people understand that the erosion of term limits strikes a dagger right at the heart of our fragile democratic norms and culture. When the Constitution was amended twice to concentrate powers in the presidency and executive, that should have been the warning signs for Zimbabweans to resist such moves to concentrate power on one person. The Constitution of Zimbabwe Amendment (No. 1) Act, 2013 gave the President the sole power to appoint the Chief Justice, Deputy Chief Justice, and Judge President of the High Court, without requiring them to undergo public interviews or follow recommendations from the Judicial Service Commission. Amendment (No. 20) Act, 2013 further strengthened the President's position by allowing him to appoint two Vice-Presidents, and exclusive authority to remove them from office. It also raised the retirement age for the Chief Justice and other judges from 70 to 75, allowing the President to extend their tenure. Amendment by amendment or to borrow from Mnangagwa’s parlance, brick by brick, our Constitutional democracy is being brought to the ground. Should we let this erosion of term limits amendment sail through without a fight, we would have opened the flood gates to the evisceration of our democratic institutions and safeguards. There will be no guarantee after this latest attempt that he will not come after Chapter 12 institutions and shut down every avenue of accountability available especially with the collusion of a pliant, meek and rubber-stamping parliament. The systematic dismantling of our Constitutional democracy as we know it is already in motion and our loud silence is nothing short of complicity.

A Patriotic Stand, Not Rebellion

Defending the Constitution and fighting back against the erosion of term limits is not a personal attack on President Mnangagwa, nor is it the preserve of political activists and politicians. It is a collective duty borne out of the understanding that the Constitution is a covenant and social contract between the governing and the governed that ought to be respected, defended and protected by all means necessary. It is the assertion of our political and civic agency. This is an opportunity for young people to reclaim their rightful status as today’s leaders and the shapers of tomorrow's destiny while reminding the ruling elite of their place.

In many African contexts, youth agency and a call for constitutionalism are mistaken for rebellion and Western sponsored subversion. That is a label we will not escape in our defense of constitutionalism as we save what is left of our fragile democracy. But it must be made clear that this is not an act of rebellion but an expression of patriotism of the highest order. Resisting the desecration of our constitution is a valiant protection of our present and future and a generational act of service to the country we all love. It will be hard. It will be painful, and it will earn those who dare stand up labels but all of it will be worth it in the end. For we know no other motherland than Zimbabwe whose democracy we must protect with our all.

The Time to Rise, Organise and Act is Now

Young people in Zimbabwe are not just tomorrow’s leaders, they are today’s defenders of the Constitution. We must resist the normalization of illegality and push back against attempts to rewrite the rules of power to serve individual ambition. We must lawfully and peacefully resist the personalization of the state and the resurgence of the autocracy we vowed to bury with Mugabe. The legacy of informed, active and patriotic agency we choose to build today will shape Zimbabwe’s political destiny for decades. The time to rise, organize, and act is now.

Tapiwanashe Chiriga is a prodemocracy advocate and human rights defender. He is a former student leader and currently works with Heal Zimbabwe Trust as Information Officer. He has also worked with various civil society organisations in raising Constitutional awareness in marginalized communities. He writes here in his personal capacity and is contactable on tapiwanashechiriga@gmail.com