• Constitutional Court case (CCZ 284/26): Thamsanqa Ncube and Ibetshu Likazulu applied to the Constitutional Court over the President’s appointment of 10 Senators (5th–14th respondents) under s 120(1)(e) of the Constitution.

• Draft order in the file: It declares the National Assembly “consultation” of 18 August 2026 invalid, finds the President failed his constitutional obligations, sets aside the Senator appointments (announced 18 August 2026; gazetted 1 September 2026), and requires a Standing Order on consultation before any fresh appointments. No order as to costs.

• Government response (13 November 2026): The Attorney General’s Office says the matter was heard on 4 November 2026 and judgment was reserved — the Court has not ruled on the merits. It warns that circulating any claimed outcome is false and misleading.

• Key tension: The file contains a purported order, but the Government’s public notice says no judgment has been delivered and the case is still pending.

• Other news in the file (unrelated): Botswana tax law workshop; US nationwide flight ground stop due to a telecom outage; Botswana warning about young men trafficked to Russia; Kenyan farmers’ visit to a Chiwenga-owned agro-industrial park; US PPI data release; Panoro Energy helium/gas estimate in South Africa; and a Plumtree couple convicted and sentenced for assault and aggravated indecent assault.

TRANSCRIPTS

 

IN THE CONSTITUTIONAL COURT OF ZIMBABWE
CASE NO: CZ………/2026
HELD AT HARARE

In the matter between

THAMSANQA NCUBE
[Stamp: CONSTITUTIONAL COURT OF ZIMBABWE / RECEIVED / 24 Aug 2026 / CCZ284/26 / HARARE / JUDICIAL SERVICE COMMISSION]
1ST APPLICANT

IBETSHU LIKAZULU
2ND APPLICANT

And

THE PRESIDENT OF ZIMBABWE.
1ST RESPONDENT

SPEAKER OF PARLIAMENT (N.O)
2ND RESPONDENT

MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS (N.O)
3RD RESPONDENT

ATTORNEY GENERAL (N.O)
4TH RESPONDENT

JABULANI SIBANDA
5TH RESPONDENT

MAKHOSINI HLONGWANE
6TH RESPONDENT

MARY MLISWA
7TH RESPONDENT

NOKUTHULA MATSIKENYERE
8TH RESPONDENT

KUDAKWASHE TAGWIREI
9TH RESPONDENT

GODWILLS MASIMIREMBWA
10TH RESPONDENT

LUCY CHITAGA
11TH RESPONDENT

GEN. GIBSON MASHINGAIDZE
[Stamp: CONSTITUTIONAL COURT OF ZIMBABWE / RECEIVED / 24 Aug 2026 / CCZ284/26 / HARARE / JUDICIAL SERVICE COMMISSION]
12TH RESPONDENT

BRILLIANT DUBE
13TH RESPONDENT

IREN MUTUMBWA
14TH RESPONDENT

URGENT CONSTITUTIONAL COURT APPLICATION FOR A DECLARATORY ORDER (made in term of rules 20 and 32 of the constitutional court rules SI 19/25 read together with section 167(2)(d)

After reading the papers filed of record and hearing Counsel, IT IS ORDERED THAT:

1. The application succeeds.
2. It is declared that what took place in the National Assembly on 18 August 2026 in relation to the proposed appointment of the 5th to 14th Respondents as Senators did not constitute consultation with the National Assembly within the meaning of section 120(1)(e) of the Constitution of Zimbabwe, 2013, as amended by the Constitution of Zimbabwe Amendment (No. 3) Act, 2026 (Act No. 6 of 2026), read with section 339 of the Constitution.
3. It is declared that, in appointing the 5th to 14th Respondents as Senators, the 1st Respondent failed to fulfil the constitutional obligations imposed upon him by section 120(1)(e) of the Constitution, read with sections 90 and 339 thereof, in that:
   3.1 the 5th to 14th Respondents were not chosen for their professional skills and other competencies as that provision requires; and
   3.2 the said appointments were not made after consultation with the National Assembly as that provision requires.
4. The appointment of the 5th to 14th Respondents as Senators, announced in the National Assembly on 18 August 2026 and published under General Notice 1467A of 2026 in the Extraordinary Government Gazette of 1 September 2026, is declared to be inconsistent with section 120(1)(e) of the Constitution, invalid and of no force or effect, and is hereby set aside.
5. The declaration of invalidity and the setting aside in paragraph 4 above shall operate with effect from the date of this order, and the 5th to 14th Respondents shall forthwith cease to hold office as Senators, provided that nothing done by the Senate or by Parliament before the date of this order shall be invalid by reason only of the participation of the 5th to 14th Respondents therein.
6. Any fresh exercise of the power conferred by section 120(1)(e) of the Constitution shall take place only after the National Assembly has adopted a Standing Order prescribing the procedure for the consultation contemplated by that provision, read with section 339 of the Constitution, which procedure shall at a minimum provide for:
   7.1 the furnishing to the National Assembly, in writing and a reasonable time in advance, of the name of each person whom the President proposes to appoint, together with particulars of the professional skills and other competencies for which that person is proposed to be chosen;
   7.2 a reasonable opportunity for the National Assembly to consider that information and to tender advice thereon to the President; and
   7.3 a record of the advice so tendered.
7. There shall be no order as to costs.

RESPONSE BY ZIMBABWE GOVERNMENT

PRESS STATEMENT

 

THAMSANQA NCUBE & IBETSHU LIKAZULU v THE PRESIDENT OF ZIMBABWE & 13 OTHERS

 

CASE NO.: CCZ 284/26

 

PUBLIC NOTICE: ISSUED BY THE ATTORNEY GENERAL’S OFFICE

 

JUDGMENT RESERVED

 

13 NOVEMBER 2026 

 

The public and all interested parties are hereby advised that the above-mentioned constitutional matter was heard before the Constitutional Court of Zimbabwe on the 4th of November 2026, whereupon, following submissions by counsel, judgment was reserved.

 

For the avoidance of doubt, the Constitutional Court has not yet pronounced itself on the merits of the application, nor has any judgment or final determination been handed down.

 

Any representation to the contrary is not only false but mischievous, and calculated to mislead the public as to the true status of the proceedings.

 

It bears emphasis that the administration of justice is a transparent process. Judgments are ordinarily pronounced or handed down in open court, in accordance with established judicial procedures, and the parties are duly notified thereof.

 

It is therefore improper, misleading and wholly irresponsible for any person to purport to announce or circulate a judicial outcome which the Court itself has not pronounced.

 

The public is accordingly urged to refrain from circulating unverified claims, speculative reports or misrepresentations concerning the outcome of these proceedings.

 

The position is clear and unequivocal: the Constitutional Court has reserved judgment. No final determination has been made, and the matter remains pending before the Court. Any suggestion otherwise is without factual foundation. 

 

OUR MISSION

 

To promote, uphold, protect the rule of law, and defend the public interest through the provision of sound, timeous, efficient and impartial legal services to the Government 

 

Key Events For Today

1. Opcon Tax Specialists is hosting a 2-day workshop led by Jonathan Hore (a consultant with 27 years of experience) to discuss three new tax laws effective July 1, 2026: the Income Tax Act, the VAT Act, and the Tax Administration Act. Key topics include increases to PAYE, personal, and corporate income taxes, new withholding taxes, changes to livestock tax and capital allowances, the introduction of Reverse VAT, a replacement for automatic VAT refunds, a relaxed VAT registration regime, and a harmonized framework for tax administration and collections. Bookings can be made via email at tax13@auproconta.co.bw or by phone at +267 39 39 435 / +267 71 614 524. 

Top Trending

1. All departing flights across the United States were temporarily halted in a nationwide ground stop ordered by the Federal Aviation Administration due to a telecommunications outage affecting regional air traffic control centers.  The failure was not an aircraft mechanical issue, weather event, or cyberattack, but a breakdown in the communications infrastructure—the voice radio frequencies, network routers, and data lines—that allow controllers and pilots to talk and share flight data.The FAA has been in the middle of a multi-billion-dollar effort to replace aging copper wiring and legacy radio hardware with modern fiber-optic networks, and officials noted the outage was not linked to the prior day’s global Microsoft outage or a cyberattack. Air Route Traffic Control Centers (ARTCCs) are regional facilities that guide planes at high altitudes (above 18,000 feet) during the cruising portion of their flights between cities

 Africa

• President Duma Boko has warned that young, unemployed Batswana are being lured to Russia through deceptive online job offers and subsequently forced to fight in the Russia-Ukraine conflict. Out of 27 reported missing men, eight were intercepted before reaching Russia and four were repatriated, leaving 15 unaccounted for. The government is working with affected families and international authorities to locate the missing citizens, facilitate their return, and combat these human trafficking networks. 

Business

1. Robert Madziva organised a visit by Kenyan farmers to Chivaraidze Agro Industrial Park. He selected the Chiwenga family’s flagship enterprise, Chivaraidze AgroThe agro-industrial park is owned by Zimbabwean Vice President Constantino Chiwenga and his wife, Colonel Dr Miniyothabo Baloyi-Chiwenga. -Industrial Park, as a key stop to showcase commercial agriculture and value addition. 
2. US CORE PPI and PPI M/M to be released today
3. Founded in 2009 in London and listed on the Oslo Stock Exchange, Panoro Energy ASA is an Africa-focused oil and gas company whose November 2026 independent assessment estimated 41.5 Bcf of helium and 1.77 Tcf of natural gas (risk-adjusted) at its Free State exploration block, representing a theoretical gross in-ground value of roughly $62.6 billion (R1.05 trillion)—rising to $153.6 billion (R2.58 trillion) unrisked—pending exploratory drilling and permitting approvals.