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.