The Sting of Betrayal: Advocate Thabani Mpofu’s Anguish as Rescued MPs Vote for Controversial Amendment
HARARE – A profound sense of betrayal has gripped Advocate Thabani Mpofu, a distinguished legal mind in Zimbabwe, following the recent vote on Constitutional Amendment Number 3. The amendment, which seeks to extend presidential and parliamentary terms, saw a majority of Citizens Coalition for Change (CCC) Members of Parliament (MPs) from Bulawayo, whom Mpofu had selflessly represented, casting their votes in favour of the contentious bill. This act has left the advocate with a broken heart and a shattered soul, as he expressed on his Facebook page. He views this as the “worst betrayal of the people of Zimbabwe”.
Advocate Mpofu’s anguish stems from the fact that he, along with Professor Welshman Ncube and a team of dedicated lawyers, provided their legal expertise pro bono to these very Members of Parliament. Their intervention was crucial in overturning a High Court decision that had disqualified the 12 Bulawayo CCC candidates from contesting the 2023 general elections. Without this free legal aid, the MPs would have been unable to afford the substantial legal fees, effectively ending their political aspirations before they even began.
The Battle for the Ballot: A Glimpse into the 2023 Election Saga
Recalling the tumultuous period leading up to the 2023 elections, Advocate Mpofu vividly described the immense pressure under which he operated. He recounted how, in 2023, the then opposition leader Nelson Chamisa approached him for urgent legal assistance. Chamisa, accompanied by Tendai Biti, sought Mpofu to lead the legal team for the upcoming elections, explicitly stating the party’s inability to pay for his services.
For Mpofu, serving the people of Zimbabwe has always been an honour, not a burden. His immediate and resolute answer was to accept the challenge. His first public duty involved accompanying Chamisa to the High Court to ensure the presidential nomination process was proceeding correctly. Throughout this, Mpofu grappled with questions of team structure, operational logistics, and, crucially, funding, as his team received no remuneration for their extensive work.
The initial nomination court proceedings for the presidential election at the High Court concluded without incident. However, the real challenge emerged later that day. The Nomination Court sitting at Rotten Row had rejected the Proportional Representation CCC parliamentary nominations, creating a chaotic and dangerous situation. Despite not being responsible for the initial error, Mpofu found himself tasked with resolving this critical issue.
Leveraging his intimate knowledge of the Electoral Act, Mpofu swiftly addressed the Harare problem. His presence and oratory skills managed to shift the atmosphere, lifting the spirits of the despondent candidates. Just as he believed his work was done, a call came in: twelve Bulawayo MPs were facing problems with their nomination papers, well after the cut-off time. The prospect of the opposition stronghold of Bulawayo being handed over to Zanu PF was unacceptable to him.
A Race Against Time: Securing the Bulawayo 12’s Candidacy
After a flurry of calls, Mpofu managed to grasp the facts of the Bulawayo situation. With no legal team immediately available, he reached out to colleagues. David Coltart, exhausted from his own day, was unable to assist. After some difficulty, he finally connected with Tinashe Runganga, a lawyer from Tanaka Law Chambers. Although Runganga admitted the Electoral Act was not his area of expertise, Mpofu needed his dedication and heart. Mpofu guided Runganga through the legal arguments and strategy over the phone, and Runganga, a clever lawyer, effectively presented the case at the Nomination Court.
Despite initial resistance, Runganga persisted, eventually securing a hearing. He remained at the Nomination Court until 2 AM, successfully resolving the issue for the twelve candidates. Mpofu, awake throughout, described it as cleaning up someone else’s mess and fighting on an uneven field where the lights of justice flickered uncertainly.
Days later, despite the initial relief, twelve applications were filed against the candidates. By then, Mpofu had assembled a formidable legal team of twenty minds. The candidates, remembering Runganga’s efforts, agreed to channel their papers through him. Mpofu, meanwhile, drafted twelve defences overnight, prepared heads of argument, and shared them with his team. His subsequent trip to Bulawayo for the High Court hearing was self-funded, an expense that still leaves him bitter.
To Mpofu’s dismay, the twelve candidates, whose political futures hung in the balance, were not even present at the Bulawayo High Court. He instructed Runganga to convey a stern message: if they were not in attendance, he would not represent them. The indifference and capitulation he encountered in Bulawayo deeply shocked and upset him.
The Supreme Court Victory and the Subsequent Betrayal
Despite the candidates’ absence, Welshman Ncube and Mpofu argued the matter. Surprisingly, the Zimbabwe Electoral Commission (ZEC) sided with them, fighting in their corner as if their integrity was at stake. However, despite ZEC’s defence, they lost the High Court case.
The news of the loss reached Mpofu while he was in England for a family engagement, disrupting his holiday. Despite his exhaustion and anger, he was determined to reverse the injustice. He immediately began drafting a notice of appeal, understanding the political sensitivities and the need to swiftly neutralise the judgment.
His team, though initially delaying, eventually filed the appeal. Mpofu, consumed by rage and frustration, threatened to dissolve the entire team, acknowledging he might have been unfair in his outburst. The appeal was eventually filed, and he continued to work tirelessly on the application for an urgent hearing and heads of argument, even preparing the Polling Agents Manual during this period.
For the Supreme Court appeal, Mpofu suggested that he and Paida Saurombe represent six candidates, while Welshman Ncube and Runganga represent the other six. He praised Ncube’s heads of argument as a “thing of beauty.” The Supreme Court, accommodating Mpofu’s return to Zimbabwe, scheduled the matter for 2:30 PM, a departure from the usual 9:30 AM.
Once again, Ncube’s brilliance shone through. The appeal was allowed, and the twelve Bulawayo candidates were reinstated to contest the elections. All of them subsequently won their respective seats. It is noteworthy that only about six of the candidates attended the Supreme Court hearing, offering what Mpofu described as “pitiful excuses”.
Mpofu maintains that the MPs owe him nothing, as he was never forced into providing his services. However, his “broken heart and shattered soul” sank when he witnessed some of these very MPs vote in favour of Constitutional Amendment Number 3. He questioned his sacrifices, expressing anger, rage, bitterness, and frustration at what he perceived as an “indecency that even sacrifice cannot cleanse”.
Constitutional Amendment Number 3: A Contentious Bill
Constitutional Amendment Number 3 (CAB3) has been a subject of intense debate in Zimbabwe. The bill proposes significant changes, including the extension of presidential and parliamentary terms from five to seven years. It also aims to create the Zimbabwe Electoral Delimitation Commission and is presented by the government as a means to enhance parliamentary oversight, expand the pool of potential ministers, and build public confidence. However, critics argue that such amendments could consolidate executive power and undermine democratic principles.
The vote on CAB3 in June 2026 saw a significant number of CCC MPs, including some from Bulawayo, voting in favour of the bill. This move has been widely criticised by opposition supporters and analysts, who view it as a betrayal of the democratic struggle and a capitulation to the ruling Zanu PF party. Reports indicate that 216 MPs voted for the Bill, while 42 voted against it. Notably, 36 CCC MPs reportedly crossed the floor to vote with Zanu PF.
The Shadow of Sengezo Tshabangu and CCC Recalls
The political landscape within the CCC has been further complicated by the actions of Sengezo Tshabangu, who emerged as the interim Secretary-General of the party. Tshabangu initiated a series of recalls of elected CCC MPs and councillors, leading to numerous by-elections across the country. These recalls have significantly weakened the opposition, with critics suggesting that Tshabangu’s actions have inadvertently benefited the ruling Zanu PF party. Some of the MPs who voted for CAB3 are believed to be aligned with Tshabangu, further fuelling the narrative of internal strife and betrayal within the opposition ranks.
Advocate Mpofu’s experience highlights the complex and often disheartening realities of political activism and legal advocacy in Zimbabwe. His personal sacrifice and dedication to upholding democratic principles have been met with an act he perceives as profound disloyalty, leaving him to ponder the true cost of his commitment. The incident underscores the fragility of political alliances and the enduring challenges faced by those striving for democratic reform in the nation.