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President Emmerson Mnangagwa has reversed the appointment of General Phillip Valerio Sibanda, the commander of the Zimbabwe Defence Forces, as an ex officio member of the ruling ZANU PF’s politburo. The politburo is an important decision-making body within the party. In a statement, Deputy Chief Secretary, of Presidential Communications, George Charamba said:
<blockquote>
His Excellency the President, Dr E.D. Mnangagwa, has announced the staying of General PV Sibanda’s appointment to the ruling Zanu PF Party Politburo as an ex-officio member. The position will be reviewed at the expiry of General Sibanda’s term as a senior serving officer at the helm of the Zimbabwe Defence Forces, ZDF. This deferment of the appointment resolves the apparent conflict with the country’s Constitution which regulates the conduct of serving members of the Security Services. 
</blockquote>
The appointment of General Phillip Valerio Sibanda as a member of the ruling ZANU PF’s politburo was seen as unconstitutional. Fadzayi Mahere, a Member of Parliament and lawyer, stated that this appointment went against the law and was a clear violation. According to Section 208 of the Constitution, members of the security services are not allowed to hold any position in a political party, whether it’s ex-officio or not. 
There are others who were defending the appointment saying it did not violate the constitution. According to former University of Zimbabwe Political Science lecturer Jonathan Moyo, <a href="https://www.pindula.co.zw/2023/11/01/cdf-general-sibandas-zanu-pf-politburo-appointment-not-unlawful-says-jonathan-moyo/">the appointment was not unconstitutional.</a> He argued that there was nothing in the Constitution that prohibits members of the security services from being members of a political party or organisation. He said Section 208 of the Constitution states that members of the security services must not act in a partisan manner or further the interests of any political party, but it does not explicitly forbid membership in a political party. Moyo believes that General Sibanda’s appointment does not violate the Constitution. 
Before past elections, the military was accused of intimidating and pressuring villagers to vote for the ZANU PF political party.
President Mnangagwa’s reversal of the appointment came after a lawyer from Harare named Kudzai Kadzere gave the president a warning that he would take legal action against him for violating the constitution if he didn’t reverse the appointment within 10 days. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

President Mnangagwa Reverses The Appointment Of General Valerio Sibanda To ZANU PF Politburo

President Emmerson Mnangagwa has defended his appointment of Zimbabwe Defence Forces (ZDF) commander General Philip Valerio Sibanda into the ZANU PF Politburo, reported <a href="https://www.zimlive.com/mnangagwa-defiant-on-defence-forces-bosss-appointment-into-politburo/">ZimLive</a>.
Mnangagwa appointed Sibanda as an ex-officio member of the Politburo during a ZANU PF annual people’s national conference held in Gweru last month.
Some legal commentators criticised the appointment arguing that it was unconstitutional.
However, addressing journalists on the sidelines of the Saudi Arabia-Africa Summit last week, President Mnangagwa said those who criticise the appointment are “mistaken”. He said:
<blockquote>
People are mistaken, they think that General Sibanda is a civil servant. He is not a civil servant; first point.
Second point, he is an ex-officio member of the politburo which means that he is not a substantive member of the politburo, he cannot vote in the politburo. He is ex-officio.
So, there is no problem, there is no contradiction.
He is just a civil servant and I as the President can appoint anybody as an ex-officio member which means by virtue of a certain particular position you can be allowed to sit in our substantive body of the politburo. That’s how it is.
I don’t know who gets offended by him sitting in the politburo. He cannot vote but he can contribute.
</blockquote>
In response to Mnangagwa’s remarks, former ZANU PF politburo member and ex-minister Saviour Kasukuwere said:
<blockquote>
There is no such thing in the politburo called ex-officio! When did the politburo ever decide anything?
Bring me the ZANU PF constitution and show me where the President is empowered to appoint unilaterally anyone outside of the central committee.
Politburo members are drawn from central committee members who are elected and the 10 the president is empowered to appoint. Was he on the original list of central committee members!!!
Anyway, why waste time on a constitutional delinquent?
</blockquote>
Mt Pleasant MP Fadzayi Mahere (CCC), who is also a lawyer, said:
<blockquote>
This garbled explanation doesn’t cut it. Section 208 of the Constitution expressly states that members of the security services cannot be “office bearers” of any political party, ex-officio or not.
It’s not about voting or being a civil servant. The very holding of office is a clear infraction. The illegality is brazen and unprecedented.
</blockquote>
Ahead of past elections, Zimbabwe’s military has been accused of intimidating villagers to vote for ZANU PF.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa Defiant On General Philip Valerio Sibanda Appointment Into ZANU PF Politburo

Dr <a href="https://www.pindula.co.zw/Walter_Mzembi/">Walter Mzembi</a>, former Tourism Minister of Zimbabwe, has expressed concerns about <a href="https://www.pindula.co.zw/2023/10/28/army-commander-named-zanu-pf-politburo-ex-officio-member/">the appointment</a> of General <a href="https://www.pindula.co.zw/Philip_Valerio_Sibanda/">Philip Valerio Sibanda</a>, the Commander of the Zimbabwe Defence Forces (ZDF), as an Ex-officio Politburo member within the ruling party, ZANU PF. The <a href="https://www.pindula.co.zw/Zanu-PF_Politiburo/">Politburo</a> is the ZANU’s highest decision-making body. President Emmerson Mnangagwa made the announcement during the ZANU PF 20th National People’s Conference in Gweru. 
“Ex officio” means that someone holds a position automatically or because of their other responsibilities. It grants them certain rights and powers without being appointed or elected specifically for those duties. However, this appointment of Valerio Sibanda, the Commander of Zimbabwe’s Defence Forces, as an ex officio member of the ruling party’s Politburo, is likely illegal and goes against the country’s constitution. The constitution prohibits members of the security services from being active in any political party. This situation reflects the issue of party-state conflation, which hampers the process of democratization in Zimbabwe, as highlighted by political commentators. Mzembi said:
<blockquote>
The implications are that much of Cabinet Policies are generated or given direction from the Politburo of Zanu PF as a Ruling Party, and inviting the interest of Securocrats at this policy formulation or generation stage simply reflects an extension of November 2017 power-sharing understanding of Zanu PF and the Military. It is also a consolidation and reset to Liberation War High Command political architecture that steered the liberation struggle. 
The unspoken is the subordination of the Military Factor under Zanu PF, which would be problematic in the future if there is a new generation non military leader. It appears a natural now because in the hierarchy of Zanu PF itself is a former CDF to whom General Sibanda reported but Mnangagwa himself, a Chairman of the Joint Operation Command under Mugabe, former Defense Minister but right from Independence Minister of State Security. 
The precedent though has been of former CDFs joining the Politburo after retirement, as was the case with Generals Mujuru and Zvinavashe which was a cleaner arrangement constitutionally. Sitting inside a Politburo where the fate of Opposition Parties is plotted and decided creates conflict for a CDF no matter how professional he may want to be seen. It’s untidy. It is these boundaries lately that relate to our State design that are being crossed with reckless abandon and disdain, and it should worry any right-thinking Zimbabwean. 
</blockquote>
Mzembi mentioned that for a professional soldier, especially the Chief of Defense Forces (CDF), the appointment is a difficult and challenging role. General Sibanda is well-regarded by the public, and Mzembi hopes that he will consider declining the appointment and handle it wisely. Mzembi suggests that if General Sibanda accepts the role, he should be involved in all political party hierarchies to ensure fairness. However, it is important to note that the Constitution explicitly states that the CDF cannot be partisan.
Brighton Mutebuka, a Zimbabwean lawyer based in the UK, stated that the appointment of General Philip Valerio Sibanda as an Ex-officio Politburo member is unconstitutional. Mutebuka mentioned that General Sibanda had the option to decline the appointment but chose not to. He said:
<blockquote>
This is a straightforward situation. The appointment is unconstitutional. He could have declined it but failed to do so. Many said he was ZAPU &amp; principled but they overlooked that he wasn’t beyond prioritising personal ambition &amp; survival. 
</blockquote>
Mutebuka argued that attempts to convince Sibanda to do the right thing based on his conscience or moral values is pointless and will not succeed. He believes that the situation is becoming more intense. Mutebuka says Zimbabweans should brace themselves for the challenges ahead.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

General Valerio Sibanda's Appointment Should Worry Any Right-Thinking Zimbabwean - Mzembi

Former <a href="https://www.pindula.co.zw/Zimbabwe_National_Army">Zimbabwe National Army (ZNA)</a>’s Colonel Shakeman Terrence Chizengwe has lost a High Court bid to recover seized retirement benefits.
The court ruled that his application was defective in that he failed to cite President Emmerson Mnangagwa as one of the respondents.
Chizengwe, who was Director of Ordinance, retired early this year after refusing to go through a disciplinary hearing over an undisclosed offence.
His superiors withdrew his terminal benefits according to the law as punishment for refusing to go through the process.
He then approached the courts citing ZNA commander <a href="https://www.pindula.co.zw/David_Sigauke">David Sigauke</a> and Zimbabwe Defence Forces (ZDF) commander <a href="https://www.pindula.co.zw/Philip_Valerio_Sibanda">Philip Valerio Sibanda</a> as respondents.
Chizengwe wanted the court to declare as unlawful, his former employer’s decision to keep his retirement benefits.
But High Court judge, Gladys Mhuri struck his application off the roll for being defective, according to <a href="https://www.zimlive.com/court-tosses-ex-army-bosss-bid-to-recover-seized-benefits/">ZimLive</a>. Mhuri is quoted as saying:
<blockquote>
Applicant was a Colonel and for him to be promoted to the next rank, it was the President who was bestowed with such power to promote him. This is provided for in s15 of the Defence Act.
It follows therefore that the order prayed for by the applicant would require the president to do something.
It will therefore require that he be joined in the proceedings. As I found earlier, that there was material non-joinder of the President, it will follow therefore that the application be struck off and it also follows that the determination of the other points in limine is no longer necessary at this juncture.
</blockquote>
Court papers say allegations against Chizengwe were too gross to an extent that his case was handled privately.
Therefore, facts regarding his dismissal remain unknown to the public.
Chizengwe had the option of either going through prosecution or retiring without benefits and he chose the latter.
He later decided to approach the High Court insisting that he had the right to be promoted and receive benefits.
However, Vario Sibanda opposed the application arguing that Chizengwe had not cited Mnangagwa who is responsible for promotion.
Sibanda argued that Chizengwe was only trying to avoid the consequences of his own wrongdoing.
The Defence Forces boss said in fact, Chizengwe himself was not even prepared to disclose to the court the allegations he was facing.
He said Chizengwe pursued his desired remedy without establishing good cause for the High Court’s interference with the primary administrative authority.
Chizengwe had told the High Court that he was subjected to duress during the meeting leading to his dismissal.
However, Sibanda said Chizengwe was offered an extension of six months in employment if he wished to undergo a General Martial Trial but he declined that offer.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Former ZNA Senior Official Loses Bid To Recover Seized Retirement Benefits

President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a> Monday promoted Air Force of Zimbabwe senior officer Winnie Mandeya to the rank of Air Vice Marshal (AVM) becoming the first woman to reach equivalent to a Major General in land forces.
As she assumed her new role, Mandeya committed herself to work for the well-being of Zimbabweans, especially on issues affecting women, their empowerment and inclusion, according to The Herald.
She was promoted along with fellow Air Commodore Patrick Moyo. The promotions are effective from July 1 and August 1 respectively.
Commander Zimbabwe Defence Forces, General <a href="https://www.pindula.co.zw/Philip_Valerio_Sibanda">Philip Valerio Sibanda</a> handed over the new insignia of her new rank AVM Mandeya.
The promotions were made in terms of the Defence Act, which gives the President as Commander-in-Chief of the Zimbabwe Defence Forces the right, when acting on the advice of the Defence Minister who acts on the advice of a force commander, to promote or temporarily appoint an officer to a higher rank.
Congratulating the promoted air vice marshals, General Sibanda said the elevation demonstrated the trust that the President had in the officers. He said:
<blockquote>
The elevation means a higher responsibility that demands good judgment, discipline, loyalty and hard work.
</blockquote>
AVM Mandeya called for more inclusion of women in all sectors of life. She said:
<blockquote>
It should be our combined endeavour to sustain the growth of women’s involvement and ensure that it is socially inclusive. We must ensure that every section of our society, particularly the disadvantaged, are equal partners in, and beneficiaries of the development process.
I am fully aware of the great responsibilities placed on my humble shoulders. 
</blockquote>
She pledged to “continue to do the best” as she has “done before.”
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

President Mnangagwa Promotes First Female To Air Vice Marshal

A Harare man, Desmond Sinoia (51), who admitted to recklessly ramming into Zimbabwe Defence Forces (ZDF) commander General Phillip Valerio Sibanda’s car, has been jailed for 12 months.
Harare magistrate Barbra Mateko also banned Sinoia from driving for the next eight months.
The Harare Magistrates Court heard that on 23 August, just before 5 PM, Desmond was driving on a side road parallel to Samora Machel Avenue going towards Msasa with one passenger.
He failed to give way at the intersection of Samora Machel and Glenara Avenue and ploughed into the side of Sibanda’s Mercedes Benz driven by Mandlenkosi Mpofu.
General Sibanda was sitting at the back and on the left side which was impacted by Desmond’s vehicle.
Sibanda’s aide, Squadron leader Mark Pride Mangwende, was the other passenger in the Mercedes.
No one was injured in the crash but prosecutor Caroline Mutimusakwa – who argued for a custodial sentence – said General Sibanda was “almost killed”, adding:
<blockquote>
Desmond wanted to plunge the nation into mourning by killing the commander of the Zimbabwe Defence Forces.
He was negligent for failing to observe a regulatory provision, failing to give way at a Give Way sign, travelling at a speed that was excessive under the circumstances and failing to stop or act reasonably when an accident or collision seemed imminent.
</blockquote>
<h4>More: <a href="https://www.herald.co.zw/man-jailed-over-cdf-general-sibanda-accident/">The Herald</a>, <a href="https://www.zimlive.com/2021/08/26/accident-motorist-faces-jail-for-almost-killing-zdf-commander-general-sibanda/">ZimLive</a></h4>

Motorist Jailed, Banned From Driving Over CDF General Sibanda Accident

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