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#BREAKING- Chief Justice Luke Malaba Hauled To Court Over Retirement
11 May 2021
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Zimbabwean judges in long red robes and horsehair wigs, a throwback to an era of British Colonial rule, at the official beginning of their 2017 duties, in Harare, Monday Jan. 16, 2017. President Robert Mugabe has sparred with Britain for decades and denounces the West for what he calls a neo-colonial attitude, but he has a soft spot for a traditional etiquette and a dress code in the courts that even Britain has partly dropped. (AP Photo/Tsvangirayi Mukwazhi)


The Zimbabwe Human Rights NGO Forum has filed an urgent chamber application seeking an order for Chief Justice Malaba to resign by 15 May 2021.

According to the order sought, any action taken by Malaba after midnight of 15 May should be deemed null and void. 

The application is based on the legal grounds that the recent amendments to the constitution cannot benefit Chief Justice Malaba. Section 328 of the constitution that deals with tenure of judges cannot be amended without a referendum. 

“It is also the fault of the second respondent (Chief Justice Malaba) who by now should have proceeded on leave to allow for a smooth hand over and takeover.

There was such a smooth handover and takeover when his predecessor left office. There has been no movement from second respondent’s end even before the bill was signed into law.

The impression created is that he had waited for the bill to be signed into law,” the NGO stated in its papers.