A recent decision by President Emmerson Mnangagwa to extend the term of Zimbabwe Defence Forces (ZDF) Commander, General Philip Valerio Sibanda, has been met with scathing criticism from prominent constitutional lawyer Advocate Thabani Mpofu.
Mpofu deemed the extension “nonsense” and a “work of fiction,” arguing that it is illegal and absurd.
According to Mpofu, the 1988 Regulations cited by Mnangagwa to justify the extension do not grant the President the authority to extend the General’s tenure.
Mpofu stated that Sibanda’s retirement was “by operation of law” upon reaching the mandatory retirement age of 70, rendering any attempt to extend his term invalid.
“I’d like to address the 1988 Regulations from two angles,” Mpofu posted on his X handle.
“Firstly, I’ll highlight the futility of relying on them after the term has expired. Any power Mnangagwa could have wielded under these Regulations should have been exercised before the deadline. It’s akin to seeking medical attention after the patient has passed on.”
The extension, announced by Chief Secretary to the President and Cabinet Martin Rushwaya on Tuesday, purports to rely on “proviso (i)” of the Defence (Regular Force) (Officers) Regulations, 1988.
However, Mpofu dismissed this as “utter and unforgivable rubbish” and questioned the legitimacy of citing a statute in such a manner.
“Secondly, let’s examine the substance of these Regulations being the mast under which Mnangagwa (who shouldn’t be exercising executive function) has chosen to set sail.
“Not surprisingly, there’s no provision that grants Mnangagwa the authority to extend the General’s tenure. This, in my view, is all made up nonsense. A work of fiction. As huge a fiction as the belief that Mnangagwa is invincible.
“And what in this God forsaken world is ‘proviso (i)’ which he says he relied on? Who cites a statute in that manner? This is just like saying, ‘I have acted in terms of the powers set out in subsection 2 of the Mental Health Act’.
“What’s that? Utter and unforgivable rubbish from the department of justice. Everyone concerned must hold their heads in shame.
“In my humble view, the illegality is glaring, and the absurdities are piling up. Someone is in breach of their constitutional obligations.”
Mnangagwa extended Sibanda’s term by one year, effective from December 24, 2024, to November 23, 2025. Additionally, Mnangagwa promoted 26 Zimbabwe National Army (ZNA) Lieutenant Colonels to the rank of Colonel.
