Full Text: Election Watchdog Petitions Judicial Service Commission Over Malaba Presence At Zanu PF Conference
9 November 2021
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Zimbabwe Election Advocacy Trust 01 November 2021

The ChairpersonThe Judicial Service Commission Dear Sir

R.E: GRIEVANCE LETTER WITH REGARDS TO THE CONDUCT OF THE CHIEF JUSTICE MR LUKE MALABA.

We write this letter expressing our grievances about the conduct of the Chief Justice Mr Luke Malaba. On (Date) the of Zimbabwe was shocked to see Mr Malaba attending the ZANU PF Conference in Bindura on November 25.

Justice Luke Malaba’s conduct is a violation of Section 165 (4) (a) of The Constitution of Zimbabwe which states that members of the Judiciary must not engage in any political activities and Section 165(4) (d) further states that they must not attend political meetings. We implore the Judicial Service Commission to take action against Mr Malaba whose action amounts to gross misconduct which warrants removal from office according to Section 187 (1) (c). Following his unprofessional conduct which micturates on the Constitution we feel Mr Malaba being an honourable man must do the honourable thing and resign. Justice Malaba as the chief custodian of the Law must follow the dictates of the Constitution religiously.

It is also cognisant to note that The Judicial Service Commission according to Section 190 (2) must promote and facilitate the independence, the efficient, effective and transparent adminstration of justice in Zimbabwe and has all the powers needed for this purpose.

Following the fact that Mr Luke Malaba’s conduct is a threat to the independence of the Judiciary we implore the Commission to exercise its Constitutionally mandated powers and act on this issue in a Constitutional manner.

Your utmost consideration of this letter will be greatly appreciated and as Zimbabwe Election Advocacy Trust we look forward that you will be moved with the spirit of safeguarding the rule of law and promoting democratic governance which remains a mere dream without a well functioning Judiciary System.

Yours faithfully

Ignatius Sadziwa

Executive Director