By Jane Mlambo| A human rights advocacy organisation the Zimbabwe Human Rights NGO Forum has launched an ambitious bid to stop Chief Justice Luke Malaba from extending his term of office beyond 15 May when he reaches the retirement age of 70.
Malaba is expected to benefit from a contract extension after a Constitutional Amendment Bill Number 2 which among other things extend the retirement age of High Court judges from 70 to 75 years, was signed into law by President Emmerson Mnangagwa.
There are fears that the constitutional amendments were hurried ahead of 15 May to favour Malaba who is expected to vacate office on the midnight of that day.
In his High Court application, NGO Forum Director Musa Kika said he is seeking that by midnight of 15 May, Malaba ceases to be Chief Justice and that his deputy Elizabeth Gwaunza takes over in an acting capacity until a substantive person is appointed.
“As a consequential relief I seek the following:
“That Luke Malaba must or did at midnight on 15 May 2021 cease to hold the office of Chief Justice of Zimbabwe.
“That any action, conduct or deed of Luke Malaba post the 15th of May 2021 purportedly as the Chief Justice of Zimbabwe is null and void and of no effect.
“That in accordance with provisions of the Constitution of Zimbabwe, 2013, with effect from midnight on the 15th of May 2021, Elizabeth Gwaunza became/becomes the Acting Chief Justice of Zimbabwe until such a time as a substantive Chief justice of Zimbabwe is appointed,” said Kika.
He added that the first beneficiary Chief Justice of the 2013 constitution left office when he reached the age of 70 while questioning the logic behind Malaba’s term of office being extended beyond.
“Respectfully, second respondent has run his course. He has not been the only Chief Justice under the 2013 constitution. The first Chief Justice bowed out when he turned 70. Nothing stops second respondent from doing the same thing,” he said.
It remains to be seen if Malaba will remain Chief Justice beyond Saturday when he reaches the age of 70.