Headache for Mnangagwa as he illegally extends ZDF Commander Valerio Sibanda’s term after he allegedly refused to be retired, Thabani Mpofu explains

President Emmerson Mnangagwa’s decision to extend the term of Zimbabwe Defence Forces (ZDF) Commander, General Philip Valerio Sibanda, by a year has sparked a firestorm of controversy.

The extension, announced in a government gazette notice, comes just a week after a major shake-up of the security apparatus saw the sacking of CIO boss Isaac Moyo and police chief Godwin Matanga. General Sibanda reached the mandatory retirement age of 70 last month, prompting the move which has been widely condemned as illegal.

The notice, signed by Chief Secretary to the President and Cabinet, Martin Rushwaya, states that the extension is effective from 24 December 2024, General Sibanda’s birthday, and will last until 23 November 2025. Rushwaya cited the Defence (Regular Force) (Officers) Regulations, 1988, as the legal basis for the decision.

However, this explanation has been met with strong criticism from legal experts. Prominent lawyer Advocate Thabani Mpofu described the extension as “flawed” and an “absurdity,” arguing that upon reaching 70, General Sibanda was automatically retired “by operation of law.”

In a post on X, Advocate Mpofu highlighted the illegality of the extension: “General Phillip Valerio Sibanda’s 70th birthday on December 24, 2024, marked a significant milestone – his retirement by operation of law. I gamely asked him to confirm his age while wishing him a merry Christmas. He had in my view already enjoyed his first Christmas as a Retired General. Mnangagwa has now purported to extend General Sibanda’s “appointment” until November 23, 2025, through General Notice 15 of 2025, issued on January 3, 2025,” he stated.

Mpofu further elaborated on the flaws in the decision: “This decision is flawed for two reasons:- Expired Term: A term that has already expired cannot be extended. That’s why there are no oxygen canisters at the cemetery. Vanonokera Colgate. – Retirement Age: 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. What a way to start a year! And for Mnangagwa, what a way to perpetuate a disgraceful legacy anchored on absurdities and illegalities.”

Sources suggest that President Mnangagwa initially intended to retire General Sibanda, but the ZDF commander resisted the move. These sources claim that General Sibanda cited sections of the Statutory Instrument which he argued allowed for the extension. The Attorney General, Virginia Mabhiza, was reportedly summoned to State House to discuss the matter. The source stated that Mabhiza advised that Sibanda’s term had ended, but “PV was having none of it, citing the SI.” A compromise was subsequently reached, resulting in the one-year extension.

The extension of General Sibanda’s term has raised concerns about the power dynamics within Zimbabwe’s political landscape. General Sibanda has held his position since 2017, succeeding current Vice President Constantino Chiwenga, who played a key role in the 2017 coup that ousted Robert Mugabe. General Sibanda is considered a close ally of President Mnangagwa, and his continued presence in the military is seen as crucial for Mnangagwa’s political stability.

President Mnangagwa’s previous attempt to move General Sibanda to the Zanu PF politburo was thwarted by legal challenges highlighting the sensitivity surrounding his position. Without General Sibanda’s support, President Mnangagwa would be significantly more vulnerable, particularly given the near-coup attempt in January 2019 while he was abroad.

The current situation underscores the ongoing power struggle between President Mnangagwa and Vice President Chiwenga and their respective factions within Zanu PF. President Mnangagwa’s ambition to extend his rule beyond his constitutionally mandated second term in 2028 adds another layer of complexity to this delicate balance of power.

The recent reshuffle of key security personnel, including the removal of CIO Director-General Isaac Moyo and Police Commissioner-General Godwin Matanga, further fuels speculation about the shifting power dynamics. Vice President Chiwenga’s absence from the country during this period has only intensified these rumours.

The extension of General Sibanda’s term, therefore, is not merely an administrative decision; it is a significant political manoeuvre with potentially far-reaching consequences. The legal challenges it is likely to face will be closely watched, as they could have implications for the future of Zimbabwe’s political stability. The fact that a compromise was reached after the Attorney General’s advice suggests a degree of internal pressure and a recognition of the potential legal pitfalls.