HARARE – President Emmerson Mnangagwa has extended Zimbabwe Defence Forces Commander General Philip Valerio Sibanda’s term of office by one year after the country’s highest ranked soldier reached his retirement age of 70 last month.

But sources say this was against Mnangagwa’s wish after the military boss reportedly resisted his retirement bid last week.

The extension of Sibanda’s term of office has been flagged by legal experts as a flagrant violation of the law by Mnangagwa.

In a notice published in the Government Gazette, Chief Secretary to the President and Cabinet, Martin Rushwaya, said Sibanda’s extended term was with effect from December 24, 2024, his birthday, and was set to last until November 23, 2025.

Rushwaya said Mnangagwa acted in terms of the Defence (Regular Force) (Officers) Regulations, 1988, published in Statutory Instrument 152 of 1988, in extending Sibanda’s tenure.

The extension came just a week after Mnangagwa sacked CIO boss Issac Moyo and police chief Godwin Matanga in a major shakeup of the security apparatus.

Mnangagwa’s plan was also to retire Sibanda, ZimLive understands, but the ZDF boss resisted the move, emphasising the power the military wields in Zimbabwe’s political matrix.

The extension of Sibanda’s tenure could still face some legal challenges.

Prominent lawyer Advocate Thabani Mpofu described it as “flawed” and an “absurdity”.

Mpofu said by reaching the age of 70, Sibanda was automatically retired “by operation of law.”

“A term that has already expired cannot be extended. That’s why there are no oxygen canisters at the cemetery…” Mpofu said.

“General Sibanda has reached the mandatory retirement age of 70. He cannot be retired and be in active service at the same time. It is one thing to recycle dead wood, it is quite another to plant a dead log.”

Sources said Sibanda flatly rejected his retirement last Friday while citing certain parts of the Statutory Instrument which he argued gave Mnangagwa legal room to extend his term.

The source said Attorney General Virginia Mabhiza was summoned to State House where she met Rushwaya and a meeting was arranged with Mnangagwa, who is on his annual leave, to discuss the matter.

Mabhiza, according to the source, gave the legal position that Sibanda’s time was up “but PV was having none of it, citing the SI.”

A compromise was then reached that his term be extended by another year.

Sibanda has served as the Commander of the ZDF since 2017, succeeding the now Vice President Constantino Chiwenga, who exchanged his military fatigues for the lofty government office soon after he led the ouster of then President Robert Mugabe in a popular coup.

Mnangagwa has previously attempted to ease General Sibanda from his military office after appointing him to sit in the Zanu PF politburo, but he rescinded the decision after lawyers said it was illegal.