Last month, the Zimbabwe National Army (ZNA) commander, Lt. General Sanyatwe, was quoted as stating that the army will employ “command voting” in elections and that the ruling ZANU-PF party would “rule forever.”
In a letter dated 12 July 2024, Mpofu challenged ZEC chairperson Justice Priscilla Chigumba to issue a firm public statement refuting Sanyatwe’s claims and providing assurances that ZEC is not beholden to or influenced by the army’s directives.
Mpofu gave Chigumba a seven-day deadline to address Lt. General Sanyatwe’s assertions about the military’s ability to manipulate the electoral process.
In response, ZEC chief elections officer Utoile Silaigwana, in a letter dated 19 July 2024, stated that it is the duty of the Zimbabwe Republic Police (ZRP) to investigate crimes and the National Prosecuting Authority (NPA) to prosecute offenders.
Silaigwana argued that ZEC cannot condemn an alleged act of electoral malpractice pending proper investigation and conviction using the procedures prescribed by law. Wrote Silaigwana:
We acknowledge receipt of your letter dated 12 July 2024 and note the contents thereof which allege the commission of an electoral malpractice.
As I am sure you are well aware, the core function of the Commission is that of election management. While the obligation to implement provisions of the Electoral Act is that of the Commission, the investigation and prosecution of electoral offences created by the law does not fall within its remit.
The investigation functions are constitutionally allocated to the Zimbabwe Republic Police while the power to institute criminal procedures lies with the National Prosecuting Authority.
The Commission feels that it cannot condemn an alleged act of electoral malpractice pending proper investigation and conviction using the procedures prescribed by law.
Mpofu has shared the letter on his X page (formerly Twitter) with a critical commentary.
In his caption, Mpofu noted that “In ZEC’s considered opinion, a reasonable suspicion exists that Gen Sanyatwe’s comments constitute a criminal offence.”
However, he argued that this view “still falls far short of condemnation of his utterances” and does not “repair ZEC’s tattered credibility.”
Mpofu concluded his post by stating that he is “proceeding with cautious haste,” implying that he intends to take further action against ZEC’s refusal to condemn Sanyatwe’s utterances.