Mdc Alliance Namibia absolutely condemns the unlawful tenure extension of Chief Justice Luke Malaba.

14 May 2021

Mdc Alliance Namibia is deeply concerned at the deteriorating situation in the country as the country gravitates towards a constitutional crisis, which is compounded by an already existing legitimacy crisis that flows from the disputed 2018 election.

The desperate Zanupf President illegally extended the term of office of Chief Justice beyond the age of seventy years(70) for an additional period of five (5) years.

He has further considered and accepted the medical report which he submitted as proof of his mental and physical fitness to continue in that office. The constitutional crisis finds expression in the recent move by Zanupf and their surrogates to tear apart the constitution that was agreed to after a nationwide referendum.

This latest repressive acts epitomise Zanupf’s desire to usurp the will of the people ,entrench and concentrate power in the hands of one person.

As a district, we call upon citizens, opposition parties, civic organizations, frustrated workers ,the women’s movements, youth organizations and all progressive forces to converge to resist this attempt to consolidate the capture of the already compromised Judiciary Service. The unconstitutional extension of Malaba’s term of office has faced wholesale criticism because of his dismissal of our petition which sought to annul the 2018 presidential elections result over alleged senseless rigging in favour of the autocratic Zanupf elections fraudsters.

Furthermore, Malaba had been due to retire on Saturday when he turns 70 but Emerson Dambudzo Mnangagwa’s ruining Zanupf party used its proxies MdcT to amend the people’s constitution , allowing the illegitimate president to extend the retirement age of senior judges to 75 years if they proved were in good health.

What astonishes Mdc Alliance Namibia is the level of unemployment in the country which is alarming, instead of focusing on creating employment for the unemployed youths, Zanupf wants to continue with the remote-controlled Judiciary Service Practitioners who always take instructions from Zanupf morons.

Lawyers and the Mdc Alliance say the amendment that allowed Malaba to continue in office and empowered Emerson Dambudzo Mnangagwa to appoint judges of the Constitutional and Supreme Courts rather than go through public interviews was a violation of the country’s charter. They argue that under the constitution , Change to term limits require a referendum and that incumbents do not benefit from such changes. Regardless of these constitutional provisions, Zanupf proceeded to breach the supreme law of the country. All social democrats and civic organizations should gang up together and ensure that there are comprehensive political and electoral reforms before 2023 harmonised elections.

Moreover, some legal experts suppose that Zimbabwe could be heading towards a Constitutional Crisis. If the High court dismisses the challenge and the lawyers appeal , they will have to face the same judges they cited in their court challenge. It is clear that the satanic party intends to retain power through constitutional ruling like what they did when they stole our votes in 2018. This is just an escalation of totalitarianism, intensifying human rights abuses , arbitrary arrests including the persecution of our ardent leaders such as Hon Joana Mamombe, Cecilia Chimbiri, Netsai Marova, Youth Commander Obey ‘Luther’Sithole only to mention but a few.

In a nutshell, the illegal extension of Chief Justice Malaba’s term of office is an insult to Constitutional Democracy. Mdc Alliance Namibia urges every right- thinking citizens to peacefully pent up their outrage demanding Judiciary Independence in our courts. We must condemn weaponisation of the law by Zanupf as a of decimating the People’s Agenda through persecution by prosecution. Lawfare through Judiciary capture must be resisted with equal measure. Lets converge under the #CitizensConvergenceForChange

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Mdc Alliance Namibia
Rundu Branch Spokesperson
Robson Ruhanya