THE Zimbabwe National Army commander Anselem Sanyatwe has touched off a storm over his remarks that Zanu PF will “rule forever” as experts say the general has violated the Constitution.
Speaking during a Zanu PF inter-district meeting in Nyanga at the weekend, Sanyatwe said the ruling party would rule the country for eternity “whether you like it or not”.
Sanyatwe was quoted saying 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? Forward with Zanu (PF), forward with (PF). Forward with ED Mnangagwa. Down with the enemy,” he said, chanting the Zanu PF slogan.
However, section 208 of the Constitution expressly prohibits the security services, listed in section 207 as defence forces, police service, intelligence services and prisons and correctional service, from acting in a partisan manner.
Section 208(2) reads: “Neither the security services nor any of their members may in the exercise of their duties or functions — a) act in a partisan manner; b) further the interest of any political party or cause.”
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Also in section 208(3), the Constitution further reads: “Members of the security services must not be active members or office bearers of any political party or organisation.”
The requirement for members of the security forces to be non-partisan is further emphasised in section 211 of the Constitution.
“The defence forces must respect the fundamental rights and freedoms of all persons and be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution,” the section read. Prominent Harare lawyer Advocate Thabani Mpofu yesterday wrote to Sanyatwe demanding that he “unreservedly” withdraws his statements within seven days after receiving the letter.
He said failure by Sanyatwe to do comply would result in Mpofu taking steps to ensure appropriate remedies under the law.
“I consider the above statements to be a violation of section 208(2) of the Constitution of Zimbabwe in that you as a member of a security services (the Zimbabwe National Army): a) in uttering such statements in a public gathering, acted in a partisan manner; b) furthered the interests of a political party Zanu (PF); c) prejudiced the lawful interests of a legitimate political cause opposition to Zanu (PF). Going so far as viewing your own people, who depend on you for protection, as enemies,” he said.
Mpofu said Sanyatwe’s statements were in violation of section 155 of the Constitution of Zimbabwe and the Electoral Act by threatening to rig elections in favour of Zanu PF and against the opposition.
“The First Schedule to the Defence Act [Chapter 11:02] in that your conduct in uttering the above statements was unbecoming of an officer and a gentleman as it amounted to wilful and wanton violation of the Constitution and laws of Zimbabwe,” he said.
Crisis in Zimbabwe Coalition spokesperson Marvellous Kumalo said Sanyatwe’s utterances demonstrated a complete disregard for the Constitution, which directs the defence forces to serve national not partisan interests.
“The Coalition emphasises that the Constitution of Zimbabwe is a sacrosanct document that should never be abused for selfish political gains,” he said.
“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.”
In an interview yesterday, constitutional lawyer Musa Kika said the conduct of Sanyatwe was unconstitutional.
“The conduct of a senior army official addressing a political party meeting in the terms shown here is a direct violation of this provision,” Kika said.
“You will recall that the same concerns visited the appointment of the Commander of the Zimbabwe Defence Forces Phillip Valerio Sibanda to the Zanu PF politburo in October 2023.
“President [Emmerson] Mnangagwa was forced to withdraw the appointment after protests and threats of legal challenge. The same principles apply here per section 208.”
Kika added: “Under normal circumstances, the courts and Parliament can censor such conduct, as members of the security services are subject to parliamentary oversight and the courts can pronounce on constitutionally offensive conduct when petitioned. This is assuming both Parliament and the courts are effective in their mandates.”
Southern Africa Programme Head for the Institute for Security Studies Piers Pigou said at face value, Sanyatwe’s comments are a blatant violation of the Constitution and he should be sanctioned by his commanders, either Mnangagwa or Sibanda.
“I don’t think anyone is holding their breath to see this kind of response. It would put the issue to bed I think, but it seems unlikely that this is what is desired.
“Sadly, this is not the first time senior military personnel have crossed the line and raises further questions on what this means in terms of the rule of law in Zimbabwe,” Pigou said.
“If the head of the army does not understand, or rather does not embrace, basic democratic norms that are set out in Zimbabwe’s Constitution and Bill of Rights, this further compounds the country’s entrenched democratic deficits and culture of impunity, which sadly remain a millstone around the country’s development potential.”
The Crisis in Zimbabwe Coalition also weighed in saying the general’s remarks are in violation of the Constitution.
In a letter to Sanyatwe, Crisis, through its lawyers Mbidzo, Muchadehama & Makoni demanded a retraction of his statements.
“We are instructed to demand as we hereby do that you forthwith and in any event no later than ten days from the date of this letter unreservedly and publicly withdraw the said utterances ascribed to you. Should you elect to be unco-operative our instructions are to approach the High Court of Zimbabwe for appropriate relief without any further recourse to your good self,” the lawyers wrote in a letter to Sanyatwe dated July 3, 2024.
University of London professor of world politics Stephen Chan also condemned Sanyatwe’s statement.
“In most democratic constitutionalised countries, there is a strict division in civil-military relations. The military serves the State and not any single party,” he said.
“But, as for ruling forever, the example of South Africa demonstrates how liberation parties can one day, quite suddenly, lose their attraction. The past is not enough. There must be provision for the future.”