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WATCH: Biti Speaks After Defeating Malaba.
15 May 2021
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VIDEO LOADING BELOW….

https://youtu.be/igjFlbk9UpQ

The judges have just walked in. Justice Zhou announced they will deliver a summary of the judgement while the full will be delivered in due course.

Dzikamai Bere is challenging the continued stay of Chief Justice Malaba since he has attained the age of retirement. The court finds that the insinuation by Adv Magwaliba, representing the Min of Justice and JSC, that the panel was composed of judges brought together for some other reason was a reckless submission by a legal practitioner who is an officer of the court. The court finds that the effect of amendment to section 186 is to extend the term of office for the Chief Justice. This finding is crucial to the determination of this case. The court has made a finding that the effect of the new section 186 of the constitution is to extend the term/tenure.. it is a term limit clause and that it seeks to extend the time of office thus having an impact and can be read together with section 328(7).The court finds that section 328 (7) is applicable to all the judges of the Constitutional and Supreme Courts including to Malaba.

Justice Zhou – “In view of the decision that we have reached, Hon Malaba ceased being a judge and CJ at 0000hrs on 15 May 2021.” has delivered its judgement and declared that:1. Luke Malaba ceased to hold the office of chief justice on 15 May 2021 at 0000 hours.2. The extension of term provided by section 186 of the Constitution does not apply to him.As things stand, Malaba is no longer the CJ.Face of victory.

  • Further updates by the Zimbabwe Young Lawyers Association/ ZimRightsNGO