Source: Malaba refuses to go on leave pending retirement -Newsday Zimbabwe
CHIEF Justice Luke MalabaCHIEF Justice Luke Malaba is reportedly refusing to go on leave pending retirement, NewsDay has heard.
Malaba, who reaches retirement age in May when he turns 75, was supposed to go on leave starting early this month, but has opted to cling to his office until his term expires.
Malaba presided over the 2026 Legal Year official opening in Harare on Monday.
NewsDay is reliably informed that Supreme Court judge Justice Rita Makarau is set to replace Malaba as Chief Justice and was supposed to preside over the function.
This paper also understands that Malaba is alive to the fact that going leave marks the end of his tenure in office.
In May 2021, President Emmerson Mnangagwa extended Malaba’s tenure by five years following contentious changes to the Constitution.
The ruling Zanu PF party used its majority in the National Assembly to extend the retirement age of senior judges to 75 years if they proved they were in good health.
Then, Malaba had turned 70, but the changes saw him cling to the position for a further five years.
Efforts to get a comment from the Judicial Service Commission secretary Walter Chikwana on Tuesday and yesterday were futile as his mobile phone was not reachable.
In May 2021, Mnangagwa extended Malaba’s term by five years following the controversial changes to the Constitution.
At that time, the Chief Secretary to the President and Cabinet said Mnangagwa had accepted Malaba’s medical report, which showed the top judge had the “mental and physical fitness to continue in that office”.
Lawyers challenged the constitutional amendment, which raised the retirement age of Constitutional and Supreme Court judges to 75 from 70, which allowed Mnangagwa to extend Malaba’s term of office.
Malaba, who reaches retirement age in May when he turns 75, was supposed to go on leave starting early this month, but has opted to cling to his office until his term expires.
Malaba presided over the 2026 Legal Year official opening in Harare on Monday.
NewsDay is reliably informed that Supreme Court judge Justice Rita Makarau is set to replace Malaba as Chief Justice and was supposed to preside over the function.
This paper also understands that Malaba is alive to the fact that going leave marks the end of his tenure in office.
In May 2021, President Emmerson Mnangagwa extended Malaba’s tenure by five years following contentious changes to the Constitution.
The ruling Zanu PF party used its majority in the National Assembly to extend the retirement age of senior judges to 75 years if they proved they were in good health.
Then, Malaba had turned 70, but the changes saw him cling to the position for a further five years.
Efforts to get a comment from the Judicial Service Commission secretary Walter Chikwana on Tuesday and yesterday were futile as his mobile phone was not reachable.
In May 2021, Mnangagwa extended Malaba’s term by five years following the controversial changes to the Constitution.
At that time, the Chief Secretary to the President and Cabinet said Mnangagwa had accepted Malaba’s medical report, which showed the top judge had the “mental and physical fitness to continue in that office”.
Lawyers challenged the constitutional amendment, which raised the retirement age of Constitutional and Supreme Court judges to 75 from 70, which allowed Mnangagwa to extend Malaba’s term of office.
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