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Former University of Zimbabwe Political Science lecturer Jonathan Moyo said that the appointment of the Commander Defence Forces (CDF) General Phillip Valerio Sibanda as an ex officio member of the ZANU PF Politburo is neither unconstitutional nor unlawful. Moyo wrote on X:
<blockquote>
… there is in fact nothing from a literal reading or interpretation of section 208 of the Constitution which invites or leads to a conclusion that General Sibanda’s appointment to the ZANU PF politburo is unconstitutional by definition…
Here is why.
Firstly, it is important to have regard to the all-important section 67 of the Constitution which provides as follows:
67 Political rights 
(1) Every Zimbabwean citizen has the right— 
(a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and 
(b) to make political choices freely. 
(2) Subject to this Constitution, every Zimbabwean citizen has the right— 
(a) to form, to join and to participate in the activities of a political party or organisation of their choice; 
(b) to campaign freely and peacefully for a political party or cause; 
(c) to participate in peaceful political activity; and 
(d) to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause. 
(3) Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right— 
(a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and 
(b) to stand for election for public office and, if elected, to hold such office. 
(4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties.
Political rights are the mother of all rights. No other right is meaningful without political rights, not even the right to life because life without political rights is not worth living. In other words, no human being – regardless of their work station in society or office – can live or function without having and enjoying his or her political rights.
This is why under section 67(1)(b), every Zimbabwean citizen has the right “to make political choices freely”. This is an inalienable fundamental human right which is not “subject to the Constitution”, save for the permissible limitations of rights and freedoms under section 86(2).
General Sibanda is therefore entitled to make political choices freely under section 67(1)(b), notwithstanding his position as CDF.
Against this backdrop, as CDF, General Sibanda’s appointment as an EX Officio member of the Zanu PF is governed by section 208 of the Constitution, which has been specifically cited by those who are claiming that the appointment is unconstitutional.
The section provides these terms:
208 Conduct of members of security services 
(1) Members of the security services must act in accordance with this Constitution and the law. 
(2) Neither the security services nor any of their members may, in the exercise of their functions— 
(a) act in a partisan manner; 
(b) further the interests of any political party or cause; 
(c) prejudice the lawful interests of any political party or cause; or 
(d) violate the fundamental rights or freedoms of any person. 
(3) Members of the security services must not be active members or office-bearers of any political party or organisation. 
(4) Serving members of the security services must not be employed or engaged in civilian institutions except in periods of public emergency.
It is expressly clear from section 208 of the Constitution that – whether he is an Ex Officio member of the ZanuPF politburo or not – as Commander of the Zimbabwe Defence Forces, General Sibanda may not:
<ul>
<li>act in a partisan manner;</li>
<li>further the interests of any political party or cause;</li>
<li>prejudice the lawful interests of any political party or cause; or</li>
<li>violate the fundamental rights or freedoms of any person; or</li>
<li>be an active member or office-bearer of any political party or organisation.</li>
</ul>
But, and this is key to appreciate, understand and to underline: there is nothing in section 208 of the Constitution which provides that “members of the security services may not be members of any political party or organisation”.
All that the section provides is that “members of the security services must not be active members or office-bearers of any political party or organisation”.
Membership of or belonging to a political party or organisation is not prohibited by section 208 of the Constitution.
What is prohibited is being an active member of a political party or being an office bearer – such as being a political commissar or speaking for a political party, addressing public meetings for the party and so forth.
Being an Ex Officio member of the ZanuPF politburo is not and cannot be tantamount or be equivalent to being “an active member” or being an “office bearer” of ZanuPF.
As such, the appointment is arguably not unconstitutional, under section 208 of the Constitution of Zimbabwe.
I say, “arguably”, because I associate myself with the position that only the competent courts of law in the homeland have the authority, power and responsibility to say what is or is not constitutional, with the Constitutional Court of the Republic of Zimbabwe having the final say!
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

CDF General Sibanda’s ZANU PF Politburo Appointment NOT Unlawful, Says Jonathan Moyo

ZANU PF has said only the Constitutional Court can declare the appointment of the commander of the Zimbabwe Defence Forces (ZDF) General Phillip Valerio Sibanda to the ZANU PF politburo unconstitutional.
On 28 October 2023, during the ZANU PF annual conference in Gweru, President Emmerson Mnangagwa named General Sibanda as an ex officio member of the Politburo.
The appointment was criticised by lawyers and the opposition who said the Zimbabwe Constitution prohibits security service members from being active in political parties/organisations.
However, speaking to <a href="https://www.zimlive.com/got-to-court-zanu-pf-tells-critics-of-general-sibandas-politburo-appointment/">ZimLive</a>, ZANU PF’s director of information and publicity Farai Marapira said that those who are criticising General Sibanda’s appointment to the Politburo are “misguided” and “loose cannons”. He said:
<blockquote>
Firstly, it is saddening that for a people in a democracy, we still fail to appreciate and respect the fact that only courts of law have the right to speak with finality on matters constitutional and legal.
The Constitutional Court is clearly created and alive for such matters. Anyone else claiming the right to speak as an authority or with finality is clearly misguided and a loose cannon.
We, unfortunately, have personalities in our body politic who are prone to having engorged views of themselves and their opinions.
Last Saturday’s announcement of General Sibanda as an ex officio member of the politburo is wrong in the eyes of a few who may consider themselves learned when they are not.
Limiting interpretation of the appointment to one’s understanding of section 208 of the constitution of Zimbabwe alone is the result that has led to, in my view, a misguided take on matters.
Section 67 of the Constitution, which is sacrosanct, says every Zimbabwean citizen has the right to make political choices freely.
Let it be noted that Section 208 does not also prevent political choice but encourages members of the forces to not make partisan decisions in the execution of their duties.
</blockquote>
Critics are adamant Mnangagwa breached his oath to uphold the Constitution by appointing Sibanda to the ZANU PF Politburo.
Citizens Coalition for Change (CCC) spokesman Promise Mkwananzi said:
<blockquote>
ZANU PF cannot keep breaking the law only to tell us to go to court. They must observe the law. The appointment is both unlawful and politically problematic. The general must step down if he chooses to be a politician.
</blockquote>
Lawyer Thabani Mpofu argued that it was unconstitutional for General Sibanda to take up office in the ZANU PF Politburo. He added:
<blockquote>
That does not require any debate, not even a dishonest one. Can you imagine the general taking up a post in the CCC? Not only is this disturbingly inappropriate, it is also vulgar.
If for instance, we were to take the decision to agitate, to carry out nationwide protests, to be civilly disobedient; how is General Sibanda going to respond to us?
Will he respond as a Commander of the Zimbabwe Defence Forces or as a member of the lootocracy that ZANU PF is?
</blockquote>
MDC-T leader Douglas Mwonzora, who is also a lawyer, said:
<blockquote>
The appointment of the Commander of the Zimbabwe Defence Forces General Sibanda into the Politburo of ZANU PF is totally wrong.
It marks a serious desecration of our constitution. It signals a serious and unacceptable conflation of the State, Army, and Party.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Critics Of General Sibanda’s Politburo Appointment Are Misguided - ZANU PF

The opposition Zimbabwe African People’s Union (ZAPU) party said that the Commander of Zimbabwe Defence Forces (ZDF), General Phillip Valerio Sibanda should reject his recent appointment into the ZANU PF Politburo by President Emmerson Mnangagwa if he still has a ZAPU conscience, reported <a href="https://www.newzimbabwe.com/zapu-trashes-former-zipra-commander-valerio-sibanda-says-he-is-now-part-of-zanu-pf-cult-and-should-reject-politburo-appointment/">NewZimbabwe.com</a>.
Sibanda was a member of ZAPU’s military wing, the Zimbabwe People’s Revolutionary Army (ZPRA) during the War of Independence.
On Saturday, 28 October, Mnangagwa announced Sibanda as an ex-officio member of ZANU PF’s Politburo.
Opposition political parties including ZAPU and the Citizens Coalition for Change (CCC) have said the appointment is unconstitutional and goes against Section 208 of the Constitution of Zimbabwe which bars serving members of the security services from being active members or office bearers of political parties.
Responding to followers on X, formerly Twitter, ZAPU said Sibanda should reject the appointment saying by joining the ZANU PF Politburo, he has become a member of the cult. It said:
<blockquote>
If he still has any ZAPU conscience in him, he would reject it. But anyone who has enjoyed the poisoned chalice for so many years would definitely not do so. He is now part of the cult, and history will judge him harshly!
</blockquote>
Some former ZAPU members who were led by the late former Home Affairs Minister Dumiso Dabengwa left ZANU PF in 2011 to revive the party.
However, the majority maintained their allegiance to ZANU PF saying they respected the 1987 Unity Accord.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZAPU Says Army Commander Should Reject ZANU PF Politburo Appointment

President Emmerson has announced Zimbabwe Defence Forces commander General Phillip Valerio Sibanda as an ex officio Member of the ZANU PF Politburo.
Mnangagwa made the announcement on Saturday, 28 October at the ZANU PF 20th National People’s Conference at the ZANU PF Conventional Centre in Gweru.
Mnangagwa was giving his closing remarks for the two-day conference which started on Friday. He said:
<blockquote>
The amended 2023 Party Constitution gives impetus, urgency and renewed focus to the socio-economic and political realities of our country towards lifting many out of poverty and into prosperity. During the course of the year, we lost one of our Party stalwarts, Cde Joshua Teke Malinga who was the Secretary for People with Disabilities.
To fill the vacancy, I am appointing, Cde Rose Mpofu of Matabeleland South Province as a Politburo Member and the new Secretary for People with Disabilities.
Additionally, “Cde Gwenzi”, General, Phillip Valerio Sibanda, as an Ex Officio Member of the Politburo.
</blockquote>
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/F9hyp4HWsAE7SwJ?format=jpg&amp;name=medium"/>
The phrase “Ex officio” is used to describe a role or position that someone holds automatically or as a result of their other responsibilities or title.
When someone has an ex officio position, they have certain rights, powers, or privileges simply because of the position they hold, rather than being appointed or elected specifically to fulfill those duties.
The appointment is likely illegal and a violation of Zimbabwe’s constitution which says that members of the security services must not be active members or office-bearers of any political party or organisation.
Political commentators have consistently raised the issue of party-state conflation in Zimbabwe which is considered a hindrance to democratisation.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa Appoints ZDF Commander As A ZANU PF Politburo Ex Officio Member

Luke Tamborinyoka has claimed that President Emmerson Mnangagwa is lining up  Commander of the Zimbabwe Defence Forces Phillip Valerio Sibanda as Vice President to replace <a href="https://news.pindula.co.zw/2021/03/13/ed-behind-mohadis-resignation-after-their-families-clashed-over-business-interests-report/">Kembo Mohadi who resigned</a> in the wake of a string of alleged affairs with married security personnel.
In an article published by Nehanda Radio, Tamborinyoka claims that he has been told by impeccable sources that Sibanda will not be extending his one year term which ended on Wednesday 31 March 2021.  Tamborinyoka goes on to state that Mnangagwa wants Valerio Sibanda to take a ‘cooling off’ period ahead of his appointment as Vice President as it would not be appropriate for the ZDF Commander to ” trade his military fatigue for the party slogan in the same week.”
Sibanda, according to Tamborinyoka, will be appointed ” into the presidium as Kembo Mohadi’s replacement sometime this year or early 2022.” Part of Tamborinyoka’s article reads:
<blockquote>If his contract has not been renewed, P. V Sibanda could yet be in the cooling off period before his appointment into the presidium as Kembo Mohadi’s replacement sometime this year or early 2022. Mnangagwa is said to be worried that it would be impolitic to have PV Sibanda trade his military fatigue for the party slogan in the same week and is reportedly considering pasturing out his relative for a “cooling off” period pending his political appointment sooner or later.
PV Sibanda is Mnangagwa’s cousin and if and when he gets appointed to the Presidium, the tribalisation and villagisation of the State and the party will have come full circle. If Mnangagwa’s mission was to villagise and “clanitise” the party and the State, then the mission may well have been completed.</blockquote>
More: <a href="https://nehandaradio.com/2021/04/02/luke-ing-the-beast-in-the-eye-it-is-finished-as-mnangagwa-lines-up-cousin-for-vice-president/">Nehanda Radio</a>

Mnangagwa To Appoint Phillip Valerio Sibanda As Vice President Claims Luke Tamborinyoka

Major General Phillip Valerio Sibanda in his statement about the passing on of former president Mugabe said people should not judge the former leader based on his last days. Speaking to The Herald the army commander said:
<blockquote>It is a very sad day indeed for Zimbabwe Defence Forces and Zimbabwe in general. I received the news early this morning.
He played his part in the liberation of this country and in moving this country from colonialism at Independence to where we are today.
Whatever happened towards the end of his leadership should not be used to rubbish the good things that he did during his life</blockquote>
Mugabe died in Singapore where he was being treated since April 2019.
More: <a href="https://www.herald.co.zw/dont-judge-mugabe-on-last-days-general-sibanda/">The Herald</a>

Mugabe's Last Days In Power Should Not Be Used To Rubbish The Good Things That He Did - Gen Sibanda

Zimbabwe Defence Forces (ZDF) Commander General  Philip Valerio Sibanda has banned ZDF officers from marrying non commissioned members according to a memo posted by exiled former Higher Education Minister Jonathan Moyo on Twitter.
In a document posted by Moyo, ZDF officers are banned from marrying non commissioned members under the Fraternisation Policy which took effect on 1 February 2019. The policy gives those already married to each other, six months to comply or be discharged.
Below is the memo of the Fraternisation Policy:
<img alt="" class="alignnone size-full wp-image-77992" decoding="async" height="414" loading="lazy" sizes="(max-width: 552px) 100vw, 552px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2019/02/ZDF-Fraternisation-Policy.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2019/02/ZDF-Fraternisation-Policy.jpg 552w, https://news.pindula.co.zw/wp-content/uploads/2019/02/ZDF-Fraternisation-Policy-300x225.jpg 300w" width="552"/>

Zim Defence Forces Officers Banned From Marrying Non Commissioned Members, Those Already Married Given 6 Months To Comply

Commander of the Zimbabwe Defence Forces General Phillip Valerio Sibanda said soldiers that were deployed on August 1 did not kill 6 unarmed civilians.
Appearing before the commission of inquiry into the August 1 violence, General Sibanda said the soldiers were given orders not to open fire. He said there is no evidence that soldiers shot the six people that died on August 1. He said the soldiers fired warning shots in the air. Said General Sibanda:
<blockquote>Firstly, as soldiers, we operate on orders and the orders given on that day were very clear – you don’t open fire on the rioters. If there is anyone with evidence to the effect that anyone of these (killed) six and the injured could have been shot by soldiers, they can bring that forward. I am aware that there were reporters who were following the troops when they were deployed in town. Certainly from where I sit, I do not believe that any of the soldiers fired. Yes, they fired in the air but I do not believe any could have aimed shots at the civilians. We would have been very foolish as the Defence Forces to give orders to the troops to open fire on the civilians with all these people (election observers and foreign journalists) in the country. We would have been out of our minds to give such an order.</blockquote>
<hr/>
<h4>Also Read:</h4>
<ul>
<li>
<h3 class="entry-title"><a href="https://news.pindula.co.zw/2018/08/22/mnangagwa-chiwenga-and-general-sibanda-clashed-on-how-to-handle-protests-before-soldiers-used-live-bullets/" rel="bookmark">Mnangagwa, Chiwenga and General Sibanda Clashed On How To Handle Protests Before Soldiers Used Live Bullets</a></h3>
</li>
<li>
<h3 class="entry-title"><a href="https://news.pindula.co.zw/2018/08/14/had-it-not-been-for-mdc-alliance-soldiers-would-not-have-killed-6-people-army-commander-general-sibanda/" rel="bookmark">Had It Not Been For MDC Alliance, Soldiers Would Not Have Killed 6 People: Army Commander General Sibanda</a></h3>
</li>
<li>
<h3 class="entry-title"><a href="https://news.pindula.co.zw/2018/08/07/general-valerio-sibanda-said-to-be-demanding-to-know-who-authorised-deployment-of-soldiers-and-why-he-was-kept-in-the-dark/" rel="bookmark">General Sibanda Said To Be Demanding To Know Who Authorized Deployment Of Soldiers</a></h3>
</li>
</ul>
<hr/>
More: <a href="https://www.chronicle.co.zw/soldiers-did-not-kill-civilians-zdf-zrp-top-brass-explain-august-1-incidents/">Chronicle</a>

Soldiers Did Not Kill Civilians On August 1- ZDF Commander General Sibanda

Speaking yesterday at the inaugural Culture Day hosted by more than 1 000 ZNA recruits at Imbizo Barracks in Bulawayo under the theme, “Instilling patriotism through culture”, Zimbabwe National Army (ZNA) Commander Lieutenant-General Philip Valerio Sibanda said that social media is posing a serious threat to African identity and that Africans should guard against foreign domination of the mind.
Said Lieutenant-General Sibanda:
<blockquote>A people without a culture are indeed a people without a soul. The contemporary trends in which social media has become a dominant phenomenon is posing a threat of loss of identity for people in the developing world. Cultures of powerful nations have been marketed through Western-owned media platforms while the people from Third World countries become inevitable consumers of these marketed products. Consequently, Africans have to some extent become carbon copies of our erstwhile former colonisers.</blockquote>
More: <a href="http://www.herald.co.zw/lets-defend-our-culture-says-army-boss/">Herald</a>

"Social Media poses a serious threat to African culture" says army boss

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