By Crime and Courts Reporter-President Emmerson Mnangagwa’s government has extended the mandatory retirement age for judges from 65 to 70 years, triggering fears that the move is part of a broader strategy to entrench his grip on power through a compliant judiciary.
The Judicial Service Commission (JSC) announced that the extension, which comes into effect on 1 May 2025, was enacted through Statutory Instrument 42 of 2025, known as the Judicial Service (Amendment) Regulations, 2025 (No. 3). The regulations were officially published last Friday.
The new rules stipulate that any judge appointed on pensionable terms before the effective date may retire at 65 but can opt to continue serving until 70 with full pension.
Those appointed after 1 May 2025 will have a fixed retirement age of 70. The Paymaster is now required to furnish the JSC annually with a list of judges nearing retirement age.
Judges may still voluntarily retire from age 60 after giving three months’ notice, and the JSC may also force retirement for permanent medical unfitness or inefficiency due to non-medical factors.
While the JSC says the move aligns with international trends and aims to retain judicial expertise, critics view it as a calculated political manoeuvre.
They argue it will allow Mnangagwa to retain loyal judges in key positions, especially as he eyes a controversial extension of his presidency beyond the constitutional limit of two terms.
The move has reignited concerns about the ruling Zanu PF party’s long-standing practice of using the judiciary to consolidate political power.
Since independence in 1980, Zimbabwe’s courts have played a controversial role in legitimising executive decisions and suppressing dissent.
Under former president Robert Mugabe and now Mnangagwa, the judiciary has often been accused of lacking independence, particularly in electoral disputes and cases involving opposition leaders and activists.
In recent years, the Constitutional Court has repeatedly dismissed challenges to Mnangagwa’s contested election victories, and government critics have frequently faced harsh sentences in politically sensitive trials.
Judicial appointments have also drawn criticism for allegedly favouring individuals with ties to the ruling elite.
Mnangagwa, who rose to power via a military-assisted transition in 2017, has faced increasing internal and external pressure over democratic backsliding and human rights abuses.
With murmurs within Zanu PF about succession and factional tension mounting, the judiciary could once again become a battleground for power retention.
The timing of the retirement age extension has therefore raised alarm bells within opposition and civil society circles, who see it as a prelude to legal manoeuvring aimed at removing constitutional barriers to a third term.