Advocate Thabani Mpofu has written to Zimbabwe National Army (ZNA) commander Lieutenant General Anselem Nhamo Sanyatwe, demanding an unequivocal withdrawal of statements he (Sanyatwe) at a recent ZANU PF rally in Nyanga.
In a video that has surfaced, Sanyatwe is heard asserting that ZANU PF will rule forever, with the military prepared to use force to ensure voters support the party. He also mentioned the enforcement of “command voting” during his address to villagers.
In the letter dated July 03 2024, Mpofu said Sanyatwe’s comments violated Zimbabwe’s national constitution, the Defence Act, and the Electoral Act.
Mpofu further stated that should Sanyatwe fail to retract his statements within seven days of receiving the letter, he will pursue legal remedies as provided by law. He wrote:
Sir, it has come to my attention that you have been recorded addressing a gathering of multitudes in the following manner (per my translation):
“… 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”
I consider the above statements to be a violation of:
1. Section 208(2) of the Constitution of Zimbabwe in that you as a member of a security service (the Zimbabwe National Army):
a. In so 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.
2. Section 155 of the Constitution of Zimbabwe and the Electoral Act (Chapter 2:13), by threatening to rig elections in favour of ZANU (PF) and against the opposition.
3. 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 willful and wanton violation of the Constitution and laws of Zimbabwe.
Sir, I, therefore, write to demand, as I now do, that you unreservedly withdraw your above statements within seven (7) days of your receipt of this letter, failing which I shall take steps to ensure that appropriate remedies under law are put in motion.
According to a report, Sanyatwe became the first ZNA commander to address a rally on partisan lines, the first to do party slogans in public, the first to openly declare that he is an army and party commissar and would be organising structures for traditional leaders and the first to address the public “cowboy style”.
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