A careful reading of Zimbabwe’s Constitution shows that a referendum is not required for every constitutional amendment. Section 328 provides that a referendum is only required for amendments to: • Chapter 4 – Declaration of Rights • Chapter 16 – Agricultural Land • Section 328 – Amendment of the Constitution As @ProfJNMoyo notes, a referendum is a legal constitutional mechanism reserved for amendments to these specific constitutional provisions and not for any other part of the Constitution. Constitutional discussions are best guided by the actual text of the Constitution. Understanding what Section 328 says helps citizens engage with constitutional matters from an informed position based on law rather than speculation. #KnowYourConstitution #Section328

Any argument that is outside the framework of th3 constitution is null and void. Arguing in vain. As Justice Minister Ziyambi Ziyambi confirmed, all arguments MUST be discussed within the confines of the bill. No one should go ahead of the bill. Let's wait for the RULING. #Section328 #CA3guidelines #NoToReferendum x.com/NetsaiDube123/status/2…

Constitutional law is guided by strict legal mechanics, not political noise. As Prof Jonathan Moyo points out, the narrative surrounding an automatic national referendum is legally flawed. ​Section 328 of the Constitution explicitly outlines the precise criteria for amendments, drawing a sharp line between standard legislative reform and matters that actually require a public plebiscite. Misinterpreting these clauses only distorts the ongoing narrative around governance updates. ​Understanding the supreme law of the land means looking past the rhetoric and focusing strictly on the constitutional text. ​#ZimConstitutionalLaw #LegalMechanics #Section328 #ZimPolitics #ConstitutionalDebate

CA3 Clauses 4, 9 & 10 — Building the Zimbabwe We Deserve Zimbabwe is evolving. And our Constitution must evolve with it. Clauses 4, 9 & 10 are a trilogy. Not three isolated provisions dropped randomly into a Bill. A deliberate, sequenced, architecturally coherent constitutional trilogy where each clause needs the other two to make complete sense. Read one alone and you miss the story. Read all three together and the reform speaks for itself. So here is what each act of this trilogy actually does. ✅ Clause 4 | Act One: Reset the Executive Cycle This amends Section 95 and extends the term of the office of the Presidency from five to seven years. Not the cap. Not the limit on how many times the office may be held. That sits in Section 91(2) and CA3 does not touch it. Section 328(10) says so expressly. This is a cycle amendment, not a cap removal. Those conflating the two are either constitutionally illiterate or deliberately misleading the public. Five year cycles leave roughly two years of real governance between transition disruption at the start and electioneering at the end. The office of the Presidency deserves a proper runway for ZESA infrastructure, dam construction, and road networks that actually get finished. ✅ Clause 9 | Act Two: Align the Legislature This amends Section 143 and brings Parliament into the same seven year cycle as the Executive. Rwanda does it. Germany does it. The UK's Fixed Term Parliaments Act did it. When the Legislature and Executive operate on misaligned cycles, national budgets fracture, development plans stall, and accountability gaps open. Clause 9 closes that structural mischief. This is institutional coherence, not consolidation of personal power. ✅ Clause 10 | Act Three: Lock the Calendar This amends Section 158 and updates the election timing provision to match the seven year cycle established by Acts One and Two. It is not the cause of anything. It is the necessary constitutional consequence. Without Clause 10, the Constitution would contradict itself across three chapters. Clause 10 is what responsible constitutional drafting looks like. And here is the argument that critics simply cannot answer: The trilogy only makes sense whole. Clause 4 resets the Executive cycle. Clause 9 aligns Parliament with it. Clause 10 synchronises the electoral calendar. Pull any one act out and the architecture breaks. The Constitutional Court in Mupungu v Minister of Justice CCZ 7/21 already confirmed that the referendum lock in Section 328 is a textual trigger. It fires only where Chapter 4, Chapter 16 or Section 328 text is proposed to be amended. Not one word of those chapters is touched by this trilogy. The lock does not fire. The critics' entire legal case rests on an argument the highest court has already rejected. This is Zimbabwe building for the long game. Institutions aligned. Cycles synchronised. A Constitution doing exactly what it was designed to do. Read the trilogy. Then read it again as one. 👇 Let's break down these clauses together. #CA3 #ZimbabweForward #ReadTheBill #Section328

It's important to know that their urgent application collapsed. The resubmission are corrections of their on going failure. @AllanChipoyi , former UZ Students Rep Council president turned (cash)activist, and @amos_chibaya , a former CCC legislator who was previously charged for incitement, walked into the High Court seeking to have the Constitution of Zimbabawe (Amendment No. 3) public hearings declared a nullity ab initio. Justice Mary Zimba-Dube didn't give them what they wanted. She said the paperwork was inadequate and referred the matter to a full trial. Their lawyer, Obey Shava, is now calling this a win. It isn't. Here's what the law actually says: s328(3), mandates a 90-day period before the Bill can be presented in Parliament. ✅ Gazetted February 16. 90 days runs to May 17. Done. s328(4), requires Parliament to invite public views through public meetings AND written submissions, and provide facilities to do so. ✅ Hearings held March 30–April 2. Written submissions open until May 17. Done. No interdict was granted. No stage of the process has been stayed. Parliament proceeds as the Constitution requires. Now Chipoyi and Chibaya want 41 witnesses and a full trial, by May 17. The exact date the consultation window closes. The exact date Parliament moves to the next stage. The law is moving exactly as s328 requires. No court has said otherwise. #CA3 #Zimbabwe #ConstitutionOfZimbabwe #Section328

Cartel Thugs Deploy Troll Farms: Sowing Confusion & Hopelessness for the 2030 Dynasty Heist ED's cartel thugs are desperate: mobilizing troll farms (Varakashi 4.0) to flood timelines with confusion, fake "stability" spin, and doom posts so Zim loses hope on #NoTo2030. While they devour the Constitution (Section 328 bypass lies), bootlickers gaslight: "No term extension, just continuity!" Nah—it's dynasty heist cyber intimidation to break our fight. We see you, crocs. Won't lose hope. Won't shut up. Expose the trolls. Quote 328. Resist! @lynnestactia we on duty Street lieutenant Gen roll exposing madununu aya #BootlickersExposed #Section328 #ZanuPfMustGo #NoTo2030

A hustler not businesses. Stealing state funds with Mnangagwa and buying cars while millions of Zimbabweans eke a living in South Africa #ProtectTheConstitution #Section328 #ZimbabweConstitution #RuleOfLaw

I'm still wondering why vanhu muchirikunetsekana neAmendment yakatsanangurwa wani naMinister. MAKADHAKWA HERE?? @advocatemahere @daddyhope @MarlvinGudyanga @Zinasuzim @Dr_JAMavedzenge #section328 #amendmentbillno3 #83daysToGo #EngageYourMp @CMukungunugwa @zanupf_patriots @oczmkde @YMusarira @ProfJNMoyo @nickmangwana @Taurai_Zvimwe @CremoraOnTop @mwarire95490

Thank you 🙏🏾. Kuda kupusisa vanhu? Ko Section 328 yacho munoiwerenga here? You can’t extend a presidential term and let the incumbent benefit without repealing 328(7). And to repeal it? You need a national referendum. No shortcuts. The Constitution is locked. #ZimConstitution #Section328 #RuleOfLaw

#MutodiConfirmsConstituionalCoupPlot Zanu PF Bikita South MP Energy Mutodi has confirmed leaked principles of a controversial draft Constitution Bill being worked on for introduction to the legislature seeking to use parliament to amend the constitution and postpone the 2028 elections by up to five years to serve President Emmerson Mnangagwa's 2030 plan; extension of his rule by two years beyond his 2028 second term constitutional limit. Legal experts and scholars say that plan is "unconstitutional" and "unlawful". 🔴Motion on Presidential, Parliamentary and Local Government Term Limits NOTING that Section 95(2)(b)of the Constitutionof Zimbabwe provides for a termof the President to be five (5)years running alongside thelifeof Parliament; NOTING that Section 91(2) oftheConstitution of Zimbabwesets only two (2) terms for thePresident to hold officein Zimbabwe; NOTING that Section 143(1)and Section 277(1)(a) set afive-year term for the life ofParliamentand LocalAuthority Representativesrespectively which run concurrently with the term of thePresident; FURTHER noting that Section328(7) of the Constitutioncreatesa disability for electedofficials of the governmenttobenefitfrom term limit extensions; AND further noting that Section 328(6)(a) and (8) of theConstitution of Zimbabwe requirethat a referendum beheld for Constitutionalamendments affecting termlimits and that separate referendums be held foramendments to Sections 328(6) and (7); CONCERNED that the aforementioned constitutionalprovisions do not meet the currentaspirationsof the people of Zimbabwe whowould like to see the currentnational development trajectorycontinue undertheleadershipof His Excellency PresidentEmmerson DambudzoMnangagwa; FURTHER concerned that theZimbabwe political landscapehasbeen plagued by toxicityand polarization, whichcallfora comprehensive electoralreform process, dialogue andconsensus by all the people of Zimbabwe; RECOGNIZING efforts made by President Emmerson Mnangagwa to engage withall political players through the Political Actors Dialogue(POLAD), Churchesand other interested parties in charting a development oriented, peaceful and prosperous nation of Zimbabwe in addition to His Excellency’s inspirationalphilosophy “NYIKAINOVAKWANEVENE VAYO”; CONSIDERINGthat politicalleadersfrom across the political divide represented in Parliament agree that now is thetime to heal, unite andcreate a formidablefoundationfor our democracy. NOW THEREFORE callsupontheMinister of Justice, Legaland Parliamentary Affairs tobring before this Housefor itsapproval, a ConstitutionalAmendment Bill that seekstoamend: (a) Section 95(b) ofthe Constitution of Zimbabwe toallow the term of the President to be extended by any period not exceeding 5 years as shall be determined by Parliament. (b)Section 91(2) of the Constitution of Zimbabwe toallow Parliament with anoverwhelming majority to decide or determine anadditional period of time thePresident may continue to holdoffice at the expiry of his orhersecondterm. (c)Section 143 (1) and 158(1)(a) of the Constitution of Zimbawe to allow for the life of Parliament to be extended by such period Parliament maydetermine for the sake ofeconomic development,peace building and therestructuring ofgovernmentincluding addition andabolition ofgovernmentposts. (d) Section 328 (7) to removeanydisability to continue tohold office the Constitution hascast upon office bearers in electedpositions whenevera term extension is introduced. MOVEROFMOTION……………………………………HONDR.ENERGYMUTODI(MP) SECONDEDBY……………………………………………….HONCHARLESMOYO(MP)

#FromMilitaryToConstitutionalCoup #ThisIsAConstitutionalSubversion 🔴Motion on Presidential, Parliamentary and Local Government Term Limits NOTING that Section 95(2)(b)of the Constitutionof Zimbabwe provides for a termof the President to be five (5)years running alongside thelifeof Parliament; NOTING that Section 91(2) oftheConstitution of Zimbabwesets only two (2) terms for thePresident to hold officein Zimbabwe; NOTING that Section 143(1)and Section 277(1)(a) set afive-year term for the life ofParliamentand LocalAuthority Representativesrespectively which run concurrently with the term of thePresident; FURTHER noting that Section328(7) of the Constitutioncreatesa disability for electedofficials of the governmenttobenefitfrom term limit extensions; AND further noting that Section 328(6)(a) and (8) of theConstitution of Zimbabwe requirethat a referendum beheld for Constitutionalamendments affecting termlimits and that separate referendums be held foramendments to Sections 328(6) and (7); CONCERNED that the aforementioned constitutionalprovisions do not meet the currentaspirationsof the people of Zimbabwe whowould like to see the currentnational development trajectorycontinue undertheleadershipof His Excellency PresidentEmmerson DambudzoMnangagwa; FURTHER concerned that theZimbabwe political landscapehasbeen plagued by toxicityand polarization, whichcallfora comprehensive electoralreform process, dialogue andconsensus by all the people of Zimbabwe; RECOGNIZING efforts made by President Emmerson Mnangagwa to engage withall political players through the Political Actors Dialogue(POLAD), Churchesand other interested parties in charting a development oriented, peaceful and prosperous nation of Zimbabwe in addition to His Excellency’s inspirationalphilosophy “NYIKAINOVAKWANEVENE VAYO”; CONSIDERINGthat politicalleadersfrom across the political divide represented in Parliament agree that now is thetime to heal, unite andcreate a formidablefoundationfor our democracy. NOW THEREFORE callsupontheMinister of Justice, Legaland Parliamentary Affairs tobring before this Housefor itsapproval, a ConstitutionalAmendment Bill that seekstoamend: (a) Section 95(b) ofthe Constitution of Zimbabwe toallow the term of the President to be extended by any period not exceeding 5 years as shall be determined by Parliament. (b)Section 91(2) of the Constitution of Zimbabwe toallow Parliament with anoverwhelming majority to decide or determine anadditional period of time thePresident may continue to holdoffice at the expiry of his orhersecondterm. (c)Section 143 (1) and 158(1)(a) of the Constitution of Zimbawe to allow for the life of Parliament to be extended by such period Parliament maydetermine for the sake ofeconomic development,peace building and therestructuring ofgovernmentincluding addition andabolition ofgovernmentposts. (d) Section 328 (7) to removeanydisability to continue tohold office the Constitution hascast upon office bearers in electedpositions whenevera term extension is introduced. MOVEROFMOTION……………………………………HONDR.ENERGYMUTODI(MP) SECONDEDBY……………………………………………….HONCHARLESMOYO(MP)

#ConstitutionalCoupLoomsInZim #MnangagwaAlliesPlotUnlawful President Emmerson Mnangagwa's political allies and supporters within the ruling Zanu PF and now opposition CCC are moving to propose parliament should amend the constitution through a Constitution Bill to extend the President's term by up to five years beyond his 2028 second term constitutional limit, which now effectively means a third term. A draft parliament motion on a proposed Constitutional Bill to be moved by Zanu PF Bikita South MP Energy Mutodi, and seconded by CCC legislator Charles Moyo, who purports to the party chief whip, wants Justice minister Ziyambi Ziyambi, a key Mnangagwa ally, to bring a far-reaching bill to the National Assembly which will extend the President's term of office and tenure of MPs and local authority representatives by up to five years, citing the need to continue economic development projects and electoral reforms before the next polls, as well as dealing with political polarisation to ensure peace and harmony. Legal scholars and analysts say this move is "unconstitutional and unlawful". University of Zimbabwe academic Professor Lovemore Madhuku told The NewsHawks: "Parliament cannot lawfully amend the constitution to remove term limits and the provision that an incumbent cannot benefit from the resultant removal of the term limits without going through referenda. The constitution provides the mechanism for its amendment and the process which involves two referenda is clearly stated. However, merely coming up with a Constitutional Bill to amend the constitution and to postpone elections through parliament is unconstitutional and unlawful. "Put differently, it will be a coup against the constitution. They do it, but it will be unconstitutional and unlawful. It be a coup against the constitution." Mnangagwa's supporters have been aggressively pushing for him to extend his rule beyond his 2028 second term. They initially wanted him to serve a third term, but given the political uproar that it may cause, they now say they want only two more years. But the new proposal suggests an extension of up to five years. The ruling Zanu PF annual conference in Bulawayo last October resolved Mnangagwa can extend his rule to 2030, although the party said that needs his express approval first and the process would be a mountain to climb given the need for two referenda: One to remove term limits and the other the provision that an incumbent cannot benefit from such an amendment. Zanu PF legal affairs secretary Patrick Chinamasa said that would be "impossible". Mnangagwa's close allies say it is possible because the constitution is not cast in stone. There were serious political tensions over that issue at the Zanu PF conference and after. While his allies push hard for to secure his deal, Mnangagwa claims he is not interested as he is a "constitutionalist" when ironically he came to power through a coup. Mnangagwa first came to power through a coup in November 2017 and was expected by his putsch allies to serve a term as a transitional leader and then let Vice President Constantino Chiwenga to take over from 2023. Mnangagwa reneged on the deal with Chiwenga and the coup faction which ousted the late former president Robert Mugabe. That issue triggered renewed fierce internal strife between Mnangagwa and Chiwenga as they engage in a new power struggle over the party's unsettled leadership issue. Due to that betrayal and the resultant brinkmanship, Chiwenga and his military-backed faction are opposed to Mnangagwa’s which has deeply divided Zanu PF and the nation. The latest development of a parliamentary motion to amend the constitution and postpone elections without following the laid down process comes after a visit to Mnangagwa's Precabe Farm in Sherwood, Kwekwe, by hordes of Zanu PF and CCC MPs on Sunday to rally a broad consensus and map the way forward on the issue. While some significant number of CCC MPs boycotted, self-imposed party secretary-general Sengezo Tshabangu and more than 30 legislators attended. Twenty of the 32 CCC MPs and senators who attended the meeting - disguised as a field day - at Mnangagwa’s farm were appointed by Tshabangu after recalling many legitimate representatives elected during the 2023 elections. The CCC has 115 lawmakers in parliament – 88 in the National Assembly and 27 in the Senate. Of the 32 MPs and senators who went to Mnangagwa’s farm, 20, including Tshabangu, were not elected in 2023, but came through the engineered recalls and resultant by-elections, subverting the people's will and democracy. The Precabe Farm attendance register has 44 MPs; 34 who attended and 10 who sent apologies. However, two are denying they attended. This means 83 did not attend. After enjoying farm hospitality on Sunday, Tshabangu endorsed Mnangagwa's plan, saying if that would make Zimbabweans happy and benefit the people "then let it be". Tshabangu seized the CCC leadership from original party leader Nelson Chamisa after the 2023 elections working with key pillars of the state - that is the executive, legislature and judiciary - and state security agencies. Chamisa quickly threw in the towel and walked away, saying the party had been infiltrated and captured by Zanu PF and state agents. Bruising battles for leadership subsequently ensued and opposition veteran Welshman Ncube emerged as interim party leader on a rotational basis. However, Tshabangu emerged the biggest winner with a new house, car and cash, as well as a senate seat, vanity prestige and hobnobbing with rulers for subverting the opposition and democracy. Another reputable professor of law, not involved in politics but following Mnangagwa's political drama, said using parliament to postpone elections and avoiding the referendum route to serve the 2030 agenda would be unlawful. "Section 95(2) says both Parliament and the President have a 5 year term. Then section 91(2) says a person who has served two terms as President is disqualified from being elected President. Thereafter section 328 in subsections 6, 7, 8 and 9 makes it IMPOSSIBLE for a sitting President and sitting MPs to benefit from a constitutional amendment that extends their terms of office," the professor said. "What is more significant is that those provisions read together require two different referenda to remove the term limit clause and the referendum clause. So this means that even if the constitution were to be amended to extend the presidential and parliamentary terms to seven or more years, the current president and MPs are precluded from continuing in office." Asked if the provision barring the incumbent from benefitting is removed after term limits have been discarded, would Mnangagwa be eligible to benefit, the professor said. "The whole idea of Section 328 is to prevent a sitting President and MPs from extending their own terms of office, but not to prevent future Presidents and MPs from benefitting from the amendments made before their tenures expired." A lawyer works at the Attorney General's office said: "Removing Section 328 of the constitution which prevents incumbents from benefitting from term limits removal is not workable. That will be like MPs now re-writing the constitution. It will be unconstitutional." 🔴Motion on Presidential, Parliamentary and Local Government Term Limits NOTING that Section 95(2)(b)of the Constitutionof Zimbabwe provides for a termof the President to be five (5)years running alongside thelifeof Parliament; NOTING that Section 91(2) oftheConstitution of Zimbabwesets only two (2) terms for thePresident to hold officein Zimbabwe; NOTING that Section 143(1)and Section 277(1)(a) set afive-year term for the life ofParliamentand LocalAuthority Representativesrespectively which run concurrently with the term of thePresident; FURTHER noting that Section328(7) of the Constitutioncreatesa disability for electedofficials of the governmenttobenefitfrom term limit extensions; AND further noting that Section 328(6)(a) and (8) of theConstitution of Zimbabwe requirethat a referendum beheld for Constitutionalamendments affecting termlimits and that separate referendums be held foramendments to Sections 328(6) and (7); CONCERNED that the aforementioned constitutionalprovisions do not meet the currentaspirationsof the people of Zimbabwe whowould like to see the currentnational development trajectorycontinue undertheleadershipof His Excellency PresidentEmmerson DambudzoMnangagwa; FURTHER concerned that theZimbabwe political landscapehasbeen plagued by toxicityand polarization, whichcallfora comprehensive electoralreform process, dialogue andconsensus by all the people of Zimbabwe; RECOGNIZING efforts made by President Emmerson Mnangagwa to engage withall political players through the Political Actors Dialogue(POLAD), Churchesand other interested parties in charting a development oriented, peaceful and prosperous nation of Zimbabwe in addition to His Excellency’s inspirationalphilosophy “NYIKAINOVAKWANEVENE VAYO”; CONSIDERINGthat politicalleadersfrom across the political divide represented in Parliament agree that now is thetime to heal, unite andcreate a formidablefoundationfor our democracy. NOW THEREFORE callsupontheMinister of Justice, Legaland Parliamentary Affairs tobring before this Housefor itsapproval, a ConstitutionalAmendment Bill that seekstoamend: (a) Section 95(b) ofthe Constitution of Zimbabwe toallow the term of the President to be extended by any period not exceeding 5 years as shall be determined by Parliament. (b)Section 91(2) of the Constitution of Zimbabwe toallow Parliament with anoverwhelming majority to decide or determine anadditional period of time thePresident may continue to holdoffice at the expiry of his orhersecondterm. (c)Section 143 (1) and 158(1)(a) of the Constitution of Zimbawe to allow for the life of Parliament to be extended by such period Parliament maydetermine for the sake ofeconomic development,peace building and therestructuring ofgovernmentincluding addition andabolition ofgovernmentposts. (d) Section 328 (7) to removeanydisability to continue tohold office the Constitution hascast upon office bearers in electedpositions whenevera term extension is introduced. MOVEROFMOTION……………………………………HONDR.ENERGYMUTODI(MP) SECONDEDBY……………………………………………….HONCHARLESMOYO(MP)

I was totally feeling like #Section328 & @mflanagan00 would be leading that chant, like back in the olden days/first stint (& in this clip) that would have been amazing!

धारा 328 भारतीय दण्ड संहिता अपराध करने और अपराध करने के इरादे से जहर आदि के माध्यम से चोट पहुंचाना। अधिक जानकारी के लिए हमारी वेबसाइट पर जाए। आज ही हमारी टीम से सम्पर्क करे। insaaf99.com/ #section328 #legaladvice #indianlawupdates #insaaf99 #indianlaw #lawyer #VAKIL

Supreme Court upholds trial court’s judgment and convicts woman for offences under section 307, 328 and 392 of the IPC. Observes that being a woman is not a ground for lesser punishment. State of Himachal Pradesh vs. Nirmala Devi #section307 #section328 #section328 #insaaf99

Section328 is about the abonding of child and it may go against the parents of the child.. It must be 328-A, but again a toothless section, with lesser punishment & bailable... Plz if you can pursue to legislate the criminal law amnd.bill lying with @NCRC_Pakistan to outlaw CDL

That AI era was top notch!

This game is going to break one way or another. One of these teams is going to go off in the 2nd half and win.

Cam Ward on the 1st siren. Biggest ovation in 16 years! #Section328

Love that