Malaba’s tenure after ruling that he cannot benefit from the recent
amendment of the Constitution extending the retirement age of judges
to serve beyond 70 years.
Malaba’s tenure had been extended by President Emmerson Mnangagwa on
11 May 2021 following the term extension provisions as introduced by
the amendment of the Constitution.
In extending Malaba’s tenure, President Mnangagwa had justified his
decision on the basis that the judicial officer is physically and
mentally capable of remaining in office for the next five years after
having considered and accepted his medical report as proof of his
mental and physical fitness to continue in office.
Judgment in Chief Justice Malaba s Office Term Extension Case Set for Saturday
2 hours ago
FILE: Zimbabwean President Emmerson Mnangagwa during his inauguration ceremony at the National Sports Stadium in Harare, Sunday, Aug. 26, 2018.
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The Young Lawyers Association of Zimbabwe (YLAZ) says judgment in a matter in which they are challenging President Emmerson Mnangagwa’s extension of Chief Justice Malaba’s term of office and the legality of the Zimbabwe Constitution Amendment Act (Number 2) is expected on Saturday.
In a tweet early Saturday morning, the YLHR said, “Judgment in the @YLAZ v@JSCZim, Mr. Malaba & the AG matter has been set for 12 noon today. Than you to all of you who have been following our updates since 2pm.”
YLAZ and a war veteran, Frederick Mutanda, a liberation war veteran, filed an urgent chamber application at Harare High Court seeking an order to stop Chief Justice Luke Malaba from continuing as the head of the Constitutional Court.
Lawyers Seeking Dumping of Chief Justice Malaba Still in Court Session in Zimbabwe
May 14, 2021
FILE: Zimbabwean President Emmerson Mnangagwa,left, is congratulated by Chief Justice Luke Malaba after taking his oath during his inauguration ceremony at the National Sports Stadium in Harare, Sunday, Aug. 26, 2018. T
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The High Court is still in session in Zimbabwe’s capital, Harare, following the dismissal of a an application filed by Justice Minister and Judicial Service Commission for three presiding judges to recuse themselves from a case in which local lawyers and a war veteran are challenging the extension of Chief Justice Malaba’s term of office by President Emmerson Mnangagwa.