Prominent lawyer and advocate Thabani Mpofu has written a letter to the Chairperson of the Zimbabwe Electoral Commission (ZEC), Justice Priscilla Chigumba, challenging her to publicly refute the claims made by Lieutenant General Anselem Nhamo Sanyatwe regarding the military’s ability to impose “command voting.”
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 July 12, 2024, Mpofu demanded that Chigumba 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 has given Chigumba a seven-day deadline to address Lt. General Sanyatwe’s assertions about the military’s ability to manipulate the electoral process to ensure ZANU PF’s perpetual rule in Zimbabwe. Wrote Mpofu:
<blockquote>
I am writing to bring to your attention concerning remarks made by General Sanyatwe, the Commander of the Zimbabwe National Army about elections in Zimbabwe. I have in my possession videographic evidence of him uttering words to the following effect:
“… Zanu (PF) shall rule until donkeys grow horns, whatever your stated and expressed wishes. I am now speaking as the Commander of the Army. We shall use what is called Command Voting. . . Do we understand each other?”
In these remarks, General Sanyatwe not only wades into issues beyond his constitutional remit but also asserts, his as well as the army’s preparedness to undermine the vote and not respect its sanctity. Your Commission’s ability to deliver a credible election has been put in issue by remarks that suggest its complicity in undermining the popular will.
I wonder whether there is any truth to the sting of General Sanyatwe’s assertion.
If you consider this assertion false, I kindly request that you publicly refute it with a firm assurance that your commission is not on the army’s back and call.
If you choose reticence, I kindly request that you account for it, the statement considered. General Sanyatwe’s statement undermines the trust and confidence of the electorate in the electoral process. This as you are aware, has been no small issue.
A clear and prompt refutation of this assertion will help to maintain the integrity of the electoral process and reassure the public that the Electoral Commission is committed to upholding the sanctity of the vote.
Your attention is drawn to sections 155(1), 156(c)(i), 233 and 239 of the Constitution of Zimbabwe, 2013 and to the obligations that have been triggered by this tainted tale.
The failure to call out this constitutional delinquency most indubitably has consequences.
I would appreciate your attention to this grave matter within 7 days.
</blockquote>
On July 3, 2024, Mpofu wrote to Sanyatwe demanding an unequivocal withdrawal of his previous remarks regarding the military’s ability to employ “command voting” to ensure ZANU PF’s perpetual rule.
Mpofu stated that Sanyatwe’s comments violated Zimbabwe’s national constitution, the Defence Act, and the Electoral Act, and he gave the military leader a seven-day deadline to retract his claims.
Today, Mpofu has reiterated his demand, clarifying that he is giving Sanyatwe a full seven days, excluding weekends, to publicly retract his statements.
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Lawyer Thabani Mpofu is challenging ZEC Chairperson, Justice Priscilla Chigumba, to say that the military can't control voting. A general said the army would use "command voting" to keep the ruling party in power. Mpofu wants Chigumba to deny this claim. He also asked the general to take back his words. Mpofu thinks these statements break the laws. He gave them both a week to correct their words. Mpofu wants to make sure voting is fair and honest.

Lawyer Thabani Mpofu Calls On ZEC Chairperson To Refute General Sanyatwe's "Command Voting" Remarks

Human Rights Watch has condemned Zimbabwe’s army commander’s open declaration that the country’s security forces intend to play a partisan political role, threatening future elections and those participating in them.
Last month, the Zimbabwe National Army commander, Lt. General Anselem Sanyatwe, was quoted as saying the army will use “command voting” and that the ruling party, ZANU PF, would “rule forever.”
Allan Ngari, Africa advocacy director at Human Rights Watch said Zimbabwe’s security forces need to uphold the country’s Constitution. <a href="https://www.hrw.org/news/2024/07/10/zimbabwe-army-commander-threatens-election-integrity">Said Ngari</a>:
<blockquote>
The Zimbabwe military commander’s open endorsement of the ruling party not only threatens the fairness of elections but opens the door for security force abuses against voters, the opposition, and civil society organisations.
Zimbabwe’s security forces need to comply with the country’s laws and regulations that uphold its international human rights obligations to ensure that elections are free and fair.
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For decades, Zimbabwe’s military and other state security forces have interfered in the nation’s political and electoral affairs in violation of citizens’ civil and political rights.
Zimbabwe’s constitution states that no member of the security services in exercising their functions may act in a partisan manner, further the interests of any political party, or cause or violate anyone’s fundamental rights or freedoms.
However, senior members of the security forces have routinely ignored these provisions with impunity.
Human Rights Watch has urged the government of Zimbabwe to take urgent steps to end the military’s participation in partisan politics, including by disciplining or prosecuting military officers who violate laws and regulations that prohibit the security forces from directly supporting any political party.
According to Human Rights Watch, election periods in Zimbabwe, especially in 1985, 1990, 2000, 2002, 2005, and 2008, were characterized by widespread political violence, committed mainly by ZANU PF, its allies, and government security agencies, including sections of the army.
These problems were particularly evident during the 2008 elections when the army was credibly implicated in numerous systematic abuses that led to the killing of up to 200 people, the beating and torture of 5,000 more, and the displacement of 36,000.
The 2017 coup against President Robert Mugabe further entrenched the military in its partisanship with the ruling party and interference in civilian affairs.
The military leadership and some sections of the army have, since the coup, taken highly visible steps that adversely affect the political environment. Added Ngari:
<blockquote>
Security force commanders need to speak and act in a manner that reflects a strictly neutral political position in accordance with Zimbabwe’s constitution and international law.
Authorities should take appropriate disciplinary action against officers in the security forces, regardless of rank, who violate laws and regulations prohibiting partisan conduct.
</blockquote>
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Human Rights Watch condemned Zimbabwe's army commander for saying the army will support the ruling party in future elections. This threatens the fairness of elections and people's rights. The constitution says security forces must be neutral and not support any political party. In the past, the army has been involved in violence during elections. Human Rights Watch wants the government to stop the military from being involved in politics. The army's actions have caused fear and problems in the country. All officers who break the rules should be punished.

Zimbabwe Army Commander Comments Threaten Election Integrity - Human Rights Watch

The Crisis in Zimbabwe Coalition (CiZC) has called upon the Zimbabwe Defence Forces to uphold their constitutional mandate and refrain from advancing partisan interests.
The appeal comes in response to recent remarks by Zimbabwe National Army (ZNA) commander Lieutenant General Anselem Nhamo Sanyatwe at a ZANU PF rally in Nyanga.
In a widely circulated video, Sanyatwe is heard saying that ZANU PF will rule forever, with the military prepared to use force to ensure voters support the party.
Addressing the gathering, Sanyatwe also said that the military would use ‘command voting’ to ensure their support for ZANU PF.”
In a statement released on Wednesday, 3 July 2024, CiZC said that Sanyatwe’s declaration that the army will use “command voting” to ensure ZANU PF’s continued stay in power is deeply concerning. Reads the statement:
<blockquote>
The Crisis in Zimbabwe Coalition urges the country’s Defence Forces to adhere to their constitutional mandate and refrain from serving partisan interests.
We are disturbed by the reckless utterances made by Zimbabwe’s Army Commander, Lieutenant General Anselem Nhamo Sanyatwe.
His declaration that the army will use “command voting” to ensure ZANU PF’s continued stay in power is deeply concerning.
Sanyatwe made these statements while addressing a ZANU PF rally in Nyanga North Constituency, where his wife is a Member of Parliament.
He further declared that ZANU PF will not be removed by the ballot and will continue ruling until donkeys grow horns.
His utterances demonstrate a complete disregard for the Constitution, which directs the defence forces to serve national rather than partisan interests.
Zimbabwe’s Constitution under Section 211 (3) directs the army to respect the fundamental rights and freedoms of all citizens and be non-partisan in their conduct.
The Coalition emphasizes that the Constitution of Zimbabwe is a sacrosanct document that should never be abused for selfish political gains.
The Constitution guarantees fundamental rights, including the right to elect political leaders, and this constitutional provision should not be overturned by the army whose conduct is guided by the same document.
Zimbabwe’s constitution has been under threat due to numerous amendments by the ruling party, ZANU PF, which has used its parliamentary majority to introduce draconian laws aimed at entrenching its political power and further closing the democratic space in Zimbabwe.
The militarization of key institutions and the determination to create a one-party state also present a significant obstacle to the attainment of an independent and democratic state in Zimbabwe.
General Sanyatwe’s sentiments underscore the need to address the military factor in Zimbabwe’s politics, thus our continued call for a SADC-facilitated all stakeholders’ dialogue.
The continued involvement of the army in Zimbabwe’s politics leads to the subversion of the will of the people and the entrenchment of authoritarianism.
Furthermore, it’s important to remember that the current government in Zimbabwe is a product of a military coup that deposed long-time ruler, Robert Mugabe, in November 2017.
Following the military coup, the army led a violent campaign in Zimbabwe’s capital, Harare, resulting in the deaths of an estimated 6 unarmed civilians during protests over the delayed release of Presidential election results.
The government of Zimbabwe has yet to act on recommendations from the Motlanthe Commission of Inquiry regarding the army shootings.
In January 2019, an estimated 9 civilians were also shot by the army following protests over fuel price hikes.
The Coalition calls upon the defence forces to uphold the constitution and allow the people of Zimbabwe to enjoy their fundamental rights, including the right to choose their leaders.
It is ironic that the same army, which deposed Mugabe for surrounding himself with criminals and betraying the values of the liberation struggle, has developed dictatorial tendencies similar to the late ruler.
The army should be obligated to serve national interests, and in the current context, one would expect the army to speak out against the looting of national resources by political heavyweights and their cronies
In light of General Sanyatwe’s recent statement, the Coalition will engage Parliament and independent institutions established to promote democracy in Zimbabwe as part of our advocacy efforts to protect the constitution and promote constitutionalism in Zimbabwe.
At the regional level, our work will focus on harnessing regional solidarity in light of the continued shrinking democratic space in Zimbabwe
A national dialogue remains the solution to unlocking the multi-faceted crisis in Zimbabwe.
</blockquote>
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