By Staff Reporter
Harare – President Emmerson Mnangagwa has extended the tenure of Zimbabwe Defence Forces (ZDF) Commander General Philip Valerio Sibanda by one year.
This comes after the nation’s top-ranking military officer reached the statutory retirement age of 70 last month.
The decision, however, has sparked controversy, with legal experts flagging it as a potential breach of the law.
Sources suggest that the extension was not Mnangagwa’s preferred course of action, but a result of resistance from General Sibanda, who reportedly opposed his retirement.
According to a Government Gazette notice issued by Chief Secretary to the President and Cabinet, Martin Rushwaya, Sibanda’s extended term took effect on December 24, 2024, his birthday and will run until November 23, 2025.
Rushwaya stated that the President acted in accordance with the Defence (Regular Force) (Officers) Regulations of 1988, published under Statutory Instrument 152 of 1988, to grant the extension.
This development follows a significant shake-up in Zimbabwe’s security sector last week, during which Mnangagwa dismissed Central Intelligence Organisation (CIO) boss Isaac Moyo and police chief Godwin Matanga.
Insiders claim that Mnangagwa initially sought to retire Sibanda as part of these changes, but the ZDF chief resisted, highlighting the influential role of the military in Zimbabwe’s political landscape.
The extension has already drawn criticism from legal experts. Prominent lawyer Advocate Thabani Mpofu described the move as “legally flawed” and “absurd.” He argued that Sibanda’s tenure ended automatically upon reaching the age of 70.
“A term that has already expired cannot be extended. That’s why there are no oxygen canisters at the cemetery…” Mpofu quipped.
“General Sibanda has reached the mandatory retirement age of 70. He cannot be retired and be in active service at the same time. It is one thing to recycle dead wood, it is quite another to plant a dead log,” Mpofu added.
Sources revealed that Sibanda rejected his retirement last week, citing specific provisions within the Statutory Instrument that he claimed allowed Mnangagwa to legally extend his term.
This prompted a legal consultation involving Attorney General Virginia Mabhiza, Rushwaya, and Mnangagwa, who is currently on his annual leave.
According to insiders, Mabhiza advised that Sibanda’s tenure had legally ended, but the General remained adamant, leveraging his interpretation of the law.
A compromise was eventually reached to extend his term by one year.
General Sibanda has served as ZDF Commander since 2017, succeeding current Vice President Constantino Chiwenga. Chiwenga rose to prominence after leading the military intervention that resulted in the removal of long-time leader Robert Mugabe.
Mnangagwa has previously attempted to transition Sibanda out of his military role, appointing him to the ZANU PF politburo.
However, this decision was reversed after legal experts deemed it unlawful.
