27 March 2025 | Harare
By A Correspondent | In a stunning affront to constitutional governance, President Emmerson Mnangagwa has discredited his own presidency by unlawfully transferring the Commander of the Zimbabwe National Army, Lieutenant General Anselem Nhamo Sanyatwe, to a ministerial post — in clear violation of the Constitution of Zimbabwe and established military protocol.
On 25 March 2025, the Office of the President announced that Sanyatwe had been “retired” from the Zimbabwe Defence Forces and simultaneously appointed Minister of Sport, Recreation, Arts and Culture. However, legal analysts and senior military insiders have decried the move as not only premature but outright illegal.
Constitutional Breach
According to Section 216 of the Constitution, the President’s command over the Defence Forces must be exercised “in accordance with this Constitution and the law.” The law referred to here includes the Defence Act [Chapter 11:02], which provides the legal framework for retiring or transferring military officers. Crucially, it mandates a formal process, including notification of Parliament and the confirmation of a handover, neither of which occurred.
“The command of the Defence Forces must be exercised in accordance with this Constitution and the law.” – Section 216, Constitution of Zimbabwe
Sources in Parliament confirmed that no notice of Sanyatwe’s retirement had been received by either the Speaker of the National Assembly or the Clerk of Parliament by 27 March 2025. In addition, no successor has been named, meaning that by operation of law, Sanyatwe remains the lawful Commander of the Zimbabwe National Army.
This makes his appointment to a Cabinet post a direct contravention of Section 208(2)(a), which explicitly prohibits active members of the security services from engaging in partisan activities or holding political office:
“Neither the security services nor any of their members may, in the exercise of their functions— (a) act in a partisan manner…” – Section 208(2), Constitution of Zimbabwe
By placing a serving army general into a civilian ministerial post, Mnangagwa has fused military and political authority in a manner reminiscent of unconstitutional regimes and coups. Zimbabwe’s post-liberation constitutional order was built precisely to prevent such abuses.
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Illegitimate Cabinet Appointment
Furthermore, Section 104(3) of the Constitution stipulates that ministers may only be appointed from Parliament or from among civilians chosen for their professional skills. Appointing a currently serving army officer — who has not been formally retired, nor whose position has been legally vacated — blatantly undermines this provision:
“Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five… may be appointed from outside Parliament.” – Section 104(3), Constitution of Zimbabwe
The legal principle here is clear: one cannot serve in the military while holding political office. To do so is not only a breach of democratic separation of powers, but an offense against constitutionalism and civilian supremacy over the armed forces.
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Presidency in Crisis
Mnangagwa’s unlawful manoeuvre has set a dangerous precedent and raises serious doubts about the legal credibility of his administration. By subverting the Constitution, the President has discredited the legitimacy of his Cabinet, his commitment to the rule of law, and the integrity of the Office of the President.
Legal experts argue that the actions are ultra vires — beyond the powers legally afforded to the President — and thus null and void.
“This isn’t just an error of judgment,” said one senior constitutional lawyer. “It’s a reckless constitutional breach that may trigger judicial review or even impeachment proceedings if Parliament acts on its oversight obligations.”
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The Stakes Ahead
The gravity of the moment cannot be overstated. Zimbabwe is facing growing public unrest ahead of planned nationwide protests on 31 March. With this reckless act, Mnangagwa may have not only weakened his command over the military, but also undermined the fragile constitutional order that has kept civilian government intact.
The people of Zimbabwe, the courts, and Parliament must now decide whether this presidency — stained by illegality — can still claim the moral and constitutional authority to lead.
ENDS