HARARE – Prominent constitutional lawyer Advocate Thabani Mpofu has dismissed as “legally void” a letter issued by ZANU-PF Politburo member Chris Mutsvangwa announcing the removal of Obert Mpofu as the party’s Secretary-General.
Mpofu, after what he described as a thorough review of both the 2014 and 2022 versions of the ZANU-PF Constitution, said the document fails every basic test of legality.
“The letter from Chris Mutsvangwa purporting to announce changes to the ZANU-PF Politburo is invalid,” Advocate Mpofu told reporters. “It claims the decision to relieve Obert Mpofu of his office as Secretary-General was taken under Article 9, sections 65 and 67. But Article 9 merely outlines Politburo functions and does not empower the First Secretary to reassign office-holders. Sections 65 and 67 deal with entirely different roles and cannot authorise this change.”
Mpofu further noted that Mutsvangwa signed the correspondence as “Secretary for Information and Publicity and Party Spokesperson,” a title he says is not recognised in the party’s constitution.
“A communication signed by a non-existent constitutional office-holder has no legal effect,” Mpofu argued. “Even if that composite title was a typographical error, the Secretary for Media, Information and Publicity is not the designated spokesperson of the First Secretary. There is no letter from the First Secretary himself.”
The lawyer added that even the First Secretary of ZANU-PF—President Emmerson Mnangagwa—has no unilateral power to make such reassignments.
“Section 54 sets out the full remit of the First Secretary’s powers and does not provide for this. In fact, Section 49 makes it clear that the power to appoint or remove department heads is exercised during Congress, not at any other time. A power not enshrined in the Constitution cannot lawfully be exercised,” he explained.
Mpofu concluded that unless ZANU-PF formally disputes this interpretation and resolves the matter through its internal mechanisms, “it’s back to original settings,” meaning Obert Mpofu remains the lawful Secretary-General.
The legal opinion adds a dramatic twist to an already contentious internal shake-up, highlighting the constitutional friction within Zimbabwe’s ruling party as it prepares for its upcoming National People’s Conference.
