Chief Justice Malaba nears second retirement, legal profession watches for exit signals 

BULAWAYO – Chief Justice Luke Malaba will reach the mandatory retirement age for judges in May for the second time, and members of the legal profession will be watching closely for clues about his impending exit when he opens the 2026 legal year next week.

Malaba turns 75 on May 15, the revised retirement age introduced after the ruling Zanu PF party amended the constitution in 2021 to allow him to remain in office beyond the then-limit of 70, which he had already reached in May of that year.

The Chief Justice’s looming retirement comes at a politically sensitive moment, with Zanu PF pushing for another constitutional amendment – this time to extend President Emmerson Mnangagwa’s second and final term from 2028 to 2030.

Any such amendment is almost certain to be challenged in court, with the matter ultimately landing before the Constitutional Court, potentially placing Malaba in a decisive position over its legality.

Lawyers say tradition dictates that a retiring Chief Justice uses the official opening of the legal year to signal their departure and bid farewell to the profession. Malaba notably did not do so in 2023, a move widely interpreted as reflecting prior knowledge of efforts to extend his tenure.

“It’s also tradition that a Chief Justice does not assign himself new matters in his final year,” one senior lawyer said. “We will also be watching to see what he does.”

Some within the legal fraternity fear Zanu PF could use the Mnangagwa 2030 amendment to again manipulate constitutional provisions on judges, this time by removing the age cap altogether, effectively allowing Malaba to remain in office indefinitely.

Lawyers warn such a move would permanently tether Malaba’s legacy to the ruling party, staining the career of a jurist once widely regarded as accomplished and principled.

Amid the uncertainty, ZimLive understands that Malaba has quietly begun preparing for his exit. He is reported to have approached the Judicial Service Commission (JSC) seeking working space in Bulawayo, which insiders have dubbed “the office of the retired Chief Justice.”

It remains unclear why Malaba would require a state-funded office after retirement.

The Chief Justice has also reportedly undertaken renovations at his home in Kumalo suburb, which some interpret as acceptance that his tenure is nearing its end.

The JSC said it would not be commenting on the Chief Justice’s retirement.