Chibaya Leads Urgent High Court Challenge Against Constitutional Amendment Process
Former MP Amos Chibaya, joined by activist Allan Chipoyi, has filed an urgent application at the Harare High Court to halt Parliament’s progress on the Constitution of Zimbabwe Amendment Bill (No. 3), 2026. The applicants argue that flawed and unconstitutional public consultations undermine the legitimacy of the amendment process, citing intimidation and lack of inclusivity during hearings.
Dumisani Ndlovu 
Harare - Former Mkoba Member of Parliament, Amos Chibaya, has taken center stage in an urgent application filed at the Harare High Court seeking to halt Parliament’s progress on the Constitutional Amendment Bill No. 3 of2026.
Honourable Chibaya, working alongside former University of Zimbabwe Students Representative Council president, Allan Chipoyi, is asking the court to immediately stop Parliament and Speaker Jacob Mudenda from proceeding with the legislative process, including the tabling of committee reports and the Second Reading of the bill.
In the urgent chamber application, Chibaya argues that the constitutional amendment process has been undermined by flawed and unconstitutional public consultations.
Through their lawyer, Obey Shava of the Zimbabwe Lawyers for Human Rights, the applicants contend that the public hearings conducted between March 30 and April 2, 2026, were neither free nor fair and failed to meet constitutional standards of inclusivity and transparency.
They further argue that the outreach programme violated Section 61 of the Constitution which guarantees freedom of expression, alleging that some participants were intimidated, sidelined or prevented from freely expressing their views.
Chibaya maintains that any attempt to amend the Constitution must be grounded in genuine public participation, warning that a flawed consultation process risks undermining the legitimacy of the entire exercise.
The applicants are seeking a declaration that the public hearings are null and void, effectively invalidating the basis upon which the amendment bill is being advanced.
They are also asking the court to compel authorities to conduct fresh, safe and inclusive public hearings that allow citizens to meaningfully contribute without fear or coercion.
