The law firm of choice for internationally focused companies

+263 242 744 677

admin@tsazim.com

4 Gunhill Avenue,

Harare, Zimbabwe

Mnangagwa extends General Sibanda’s term as ZDF commander


Zimbabwe
Defence
Forces
Commander,
General
Philip
Valerio
Sibanda’s
term
of
office
has
been
extended
by
one
year
in
what
legal
experts
say
is
illegal

HARARE

President
Emmerson
Mnangagwa
has
extended
Zimbabwe
Defence
Forces
Commander,
General
Philip
Valerio
Sibanda’s
term
of
office
by
one
year
after
the
country’s
highest
ranked
soldier
reached
his
retirement
age
of
70
last
month.

But
sources
say
this
was
against
Mnangagwa’s
wish
after
the
military
boss
reportedly
resisted
his
retirement
bid
last
week.

The
extension
of
Sibanda’s
term
of
office
has
been
flagged
by
legal
experts
as
a
flagrant
violation
of
the
law
by
Mnangagwa.

According
to
a
notice
published
in
the
Government
Gazette,
the
Chief
Secretary
to
the
President
and
Cabinet,
Martin
Rushwaya,
said
Sibanda’s
extended
term
was
with
effect
from
December
24,
2024,
his
birthday,
and
was
set
to
last
until
November
23,
2025.

Citing
the
Defence
(Regular
Force)
(Officers)
Regulations,
1988,
published
in
Statutory
Instrument
152
of
1988,
Mnangagwa
extended
Sibanda’s
term
from
24
December
2024
to
23
November
2025.

Commenting
on
the
development,
prominent
lawyer
Thabani
Mpofu
described
it
as
“flawed”
and
an
“absurdity”.

Mpofu
said
by
reaching
the
age
of
70,
Sibanda’s
retirement
was
“by
operation
of
law”
and
could
not
be
interfered
with.

“A
term
that
has
already
expired
cannot
be
extended.
That’s
why
there
are
no
oxygen
canisters
at
the
cemetery…”
Mpofu
said.

He
added,
“General
Sibanda
has
reached
the
mandatory
retirement
age
of
70.

“He
cannot
be
retired
and
in
active
service
at
the
same
time.
It
is
one
thing
to
recycle
dead
wood,
it
is
quite
another
to
plant
a
dead
log.”

But
events
behind
the
scenes
point
to
the
contrary
with
a
source
saying
Sibanda
flatly
refused
his
retirement
last
Friday
while
citing
some
certain
parts
of
the
SI
he
argued
gave
him
the
right
to
keep
one
of
the
most
powerful
jobs
in
the
country.

The
source
said
Attorney
General
Virginia
Mabhiza
was
summoned
to
State
House
where
she
met
Rushwaya
and
a
meeting
was
arranged
with
Mnangagwa,
who
is
on
his
annual
leave,
to
discuss
the
matter.

Mabhiza,
according
to
the
source,
gave
the
legal
position
that
Sibanda’s
time
was
up
“but
PV
was
having
none
of
it,
citing
the
SI”.

A
compromise
was
then
reached
that
his
term
be
extended
by
another
year.

Sibanda
has
served
as
the
Commander
of
the
ZDF
since
2017,
succeeding
the
now
Vice
President,
Constantino
Chiwenga,
who
exchanged
his
military
fatigue
for
the
lofty
government
office
soon
after
he
led
the
ouster
of
then
President
Robert
Mugabe
in
a
popular
coup.

The
extension
of
Sibanda’s
term
comes
as
Mnangagwa
has
just
replaced
commanders
in
the
police
and
the
Central
Intelligence
Organisation.