LEGAL ANALYSIS: By Editorial Team | ZimEye | 1. Why Mnangagwa’s Demotion of General Sanyatwe is Null and Void under Zimbabwean Law.

2. Why Mnangagwa’s “With Immediate Effect” statement is an attack against both the constitution of Zimbabwe, the law, the country’s sovereignty, its security, and the people.

President Emmerson Mnangagwa’s purported “retirement” and civilian reassignment of Lieutenant General Anselem Nhamo Sanyatwe as Minister of Sport, Recreation, Arts and Culture breaches the Constitution of Zimbabwe and is legally unenforceable. Here’s why:

1. Violation of the Constitution of Zimbabwe

a) Section 216(2): Command of the Defence Forces

“The President must act in accordance with this Constitution and the law in exercising command over the Defence Forces.”

This clause requires that all presidential actions relating to military command — including retirements — follow both constitutional procedure and the Defence Act. Sanyatwe’s removal, made without an official parliamentary notification or replacement gazetted, fails this test.

b) Section 208(2): Political Neutrality of Security Services

“Neither the security services nor any of their members may, in the exercise of their functions—act in a partisan manner; further the interests of any political party or cause; or prejudice the lawful interests of any political party or cause.”

Serving officers cannot be appointed to Cabinet unless fully retired. Until Parliament is notified and a successor has assumed office, Sanyatwe remains a serving officer, rendering his ministerial appointment unconstitutional.

c) Section 104(3): Appointment of Ministers

“Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament.”

This provision presupposes eligibility under all other constitutional constraints — including security sector disengagement. Sanyatwe, not lawfully retired, fails this test.

d) Section 340(1)(f): Presidential Powers of Appointment

“The power to appoint a person to hold or act in any public office includes… the power to suspend or remove that person from office, subject to this Constitution.”

The phrase “subject to this Constitution” is critical — it affirms that the President must follow all constitutional checks, including due process for military retirements. Mnangagwa’s failure to complete the process invalidates the appointment.

2. Defence Act [Chapter 11:02] Non-Compliance

Section 15(1) & (3): Notification to Parliament and Handover

“A member of the Defence Forces shall not be retired, discharged or dismissed unless the proper authority notifies Parliament…”

“…and such retirement shall take effect only upon confirmation of handover by a successor.”

No record exists of parliamentary notice or handover. Until these are completed, Sanyatwe remains Commander of the Zimbabwe National Army (ZNA), and his new ministerial post is legally void.

3. Supporting Case Law Examples

i) Mugabe v. Commander of the Air Force & Others (1998):

The court held that no military officer may assume a political position “unless their service is lawfully and fully terminated through gazetted procedures.”

ii) Nyamande & Anor v Chairperson of the Public Service Commission (2018):

Established that “procedural fairness and statutory compliance are prerequisites for any lawful dismissal or reassignment.”

iii) Kereke v. Minister of Finance (2016):

Confirmed that “one cannot hold two incompatible offices simultaneously; such duality invalidates both roles under constitutional scrutiny.”

iv) Commissioner of Police v. Commercial Farmers Union (2001):

Held that handover procedures within security institutions must be legally complete before new appointments can take effect.

v) Tsvangirai v. Registrar General & Others (2002):

Declared that “any act not carried out in accordance with statute is null and void ab initio, regardless of the status of the actor.”

4. Conclusion

Based on the cited constitutional provisions, statutory requirements, and binding case law, it is clear that:

The removal and reassignment of Lt Gen Anselem Sanyatwe is null and void as a matter of law.

Until Parliament is notified, the retirement gazetted, and a lawful handover occurs, Sanyatwe remains Commander of the ZNA, and his Cabinet appointment is unconstitutional.

This legal breach could carry severe implications — from military insubordination to constitutional litigation — and further exposes fractures within Zimbabwe’s deeply politicized security sector.- ZimEye