Tinashe Sambiri|The MDC Alliance Namibia has said the participation of Luke Malaba in Zanu PF political processes jeopardizes his esteemed profession.
Malaba is a declared Zanu PF sympathizer…
See the MDC Alliance Namibia statement below:
Judicial independence is a fundamental value of the rule of law and of constitutionalism: Mdc Alliance Namibia posits.
10 November 2021
Social democrats who subscribe to the able and diligent leadership of President Advocate Nelson Chamisa (The Eagle/Wamba Dia Wamba) were mesmerized,transfixed and hypnotised upon realising that Chief Justice Mr Luke Malaba was part of those who attended the Zanupf conference in Bindura on the 25th of October 2021.
Mdc Alliance Namibia has the conviction that Mr Malaba’s conduct is a gross violation of Section 165(4)(a) of The Constitution of Zimbabwe which seriously prohibit members of the Judiciary from attending political meetings of that nature.
Without wasting time, we would like to clearly urge the Judicial Service Commission to take stern measures against Mr Malaba whose behaviour amounts to gross misconduct which can cost him complete removal from this office as stipulated in Section 187(1)(c) considering his unethical and unprofessional conduct which undermines the Supreme Law of the motherland. We posit that Mr Malaba should do the honourable thing and resign so that he can support Zanupf since it is the part of his choice. The Chief Justice should be the custodian of law which makes it compulsory for him and his colleagues to follow the dictates of law without fear or favour. Mdc Alliance Namibia is absolutely cognisant to figure out that the Judicial Services Commission according to Section (190)(2) must promote and facilitate the independence,the efficient ,the effective and transparent administration of justice in Zimbabwe and has powers needed for this purpose.
In light of the above background, it becomes imperative for social democrats in Zimbabwe and in the diaspora to democratically pent up their outrage demanding Judicial independence for the good of the rule of law and constitutionalism. Mr Malaba’s conduct is detrimental to the survival of Constitutional Democracy in Zimbabwe. As Mdc Alliance Namibia, we believe that Mr Malaba and his colleagues in Judicial Services Commission should safeguard the rule of law and promoting democratic governance which remains a mere dream without a well functioning Judiciary System.
It very vital in Constitutional Democracy that individual judges and the whole judicial system must stay far away from political outfits. His presence at the Zanupf meeting is a testament to serious state capture. Constitutional fighters in Namibia advocate for the impartiality and complete independence of the judicial system for transparency and objectivity. We believe that Zanupf should distance itself from the judges although there must, of necessity, be some relations between the judiciary and the political powers especially(The Executive), such relations must not interfere with the judiciary’s liberty in adjudicating individual disputes and upholding the law and values of the constitution. We have seen lawfare since the inception of the Political Behemoth in 1999 to date. Many social democrats were and are still victims of state sponsored deaths , torture, arbitrary arrests, illegal convictions, selective distribution of food aid and intimidation but perpetrators of such satanic violence are walking scot-free when Makomborero Haruzivishe is languishing in the hell hole of Harare prison for challenging senseless and barefaced corruption.
In a nutshell, Mdc Alliance Namibia would like to encourage Mr Luke Malaba to respect the rule of law and constitutionalism. We are tired of a captured judiciary system since it should serve as a foundation for the rule of law and democracy. ZanuPF Satanists and their enablers are obliged to follow the constitution religiously.
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Mdc Alliance Namibia
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Robson Ruhanya
