Constitutional Crisis As 17 Supreme And Constitutional Court Appeal Against Malaba Ruling
29 May 2021

17 Supreme Court and Constitutional Court judges have appealed a High Court ruling that ended Luke Malaba’s time as a judge and Chief Justice of Zimbabwe.

The appeal, at the Supreme Court, disqualifies the same judges from hearing their own matter.

In their appeal, the judges said the High Court misdirected itself at law in dismissing the appellant application for the recusal of Justice Happius Zhou from the matter when there was reasonable apprehension of bias on the facts due to him being recently retired Commissioner of the Judicial Services Commission.

The judges further noted that the High Court misdirected itself to hear a matter that was best suited for the Constitutional Court.