The High Court of Zimbabwe has nullified the extension of Chief Justice Luke Malaba’s term of office by President Emmerson Mnangagwa. Malaba turned 70 today, 15 May 2021.
Delivering the ruling on Saturday afternoon, High Court judge Justice Happis Zhou said:
In view of the decision that we have reached, Honourable Malaba ceased being a judge and Chief Justice at 0000hrs on 15 May 2021.
Justice Zhou said the extension of the time provided for in Section 186 of the Constitution does not apply to the Chief Justice and any sitting but not acting Judges of the Supreme Court and Constitutional Court. The judges made the following observations:
- The term limit for Constitutional Court judges is two-pronged based on age and number of years served
- Section 186 does not apply to judges of the Constitutional Court and Supreme Court who are in office at the time of the amendment
- If the sitting judges could benefit it would infringe Section 328 as it was not put to a referendum
- And in terms of the Constitutional Judge, the term of office is determined by age only.
On Wednesday President Mnangagwa extended Malaba’s term of office by an additional five years.
Mnangagwa accepted Malaba’ election to continue in the office of Chief Justice beyond 70 years on the pretext that he is still mentally and physically fit to continue in office.