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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.

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