Africa-Press – Zimbabwe. By Mary Taruvinga – THE High Court has reversed a decision by President Emmerson Mnangagwa to extend Chief Justice Luke Malaba’s term of office as the country’s top most judge beyond his retirement age of 70.
Three High Court judges Happius Zhou, Esther Charehwa and Edith Mushore Saturday upheld an application filed by top lawyer Musa Kika and the Young Lawyers Association of Zimbabwe challenging Constitutional Amendment No.2 which is the legal tool used by Mnangagwa to extend the retirement age of local judges from 70 to 75.
They ruled that Malaba ceased to be judge on May 15 at 0000hrs.
The country’s top most judge turned 70 on Friday.
Kika and the lawyers group argued that fiddling with the judges’ retirement ages created a constitutional crisis while giving the incumbent powers to control the judiciary.
President Mnangagwa’s Zanu PF sponsored the controversial Constitutional Amendment Bill No. 2 which successfully passed through a pliant Zanu PF dominated parliament recently.
The country’s leader quickly assented to the law which he then used to extend Malaba’s term of office.
Malaba has a special place in the hearts of the national leader having twice sworn the incumbent into office when Mnangagwa’s legitimacy as Zimbabwe’s number one was under the microscope.
Malaba presided over Mnangagwa’s swearing-in in 2017 just after the latter had masterminded a coup against his long time boss Robert Mugabe, now late.
He also presided over and ruled in the incumbent’s favour, the famous Constitutional Court challenge filed by opposition MDC Alliance leader Nelson Chamisa against Mnangagwa’s election victory 2018.
Malaba was sworn to put on his judicial robes again to swear in Mnangagwa as President.
