A predecessor worse than Malaba could be appointed: Magaisa

Law expert, Alex Magaisa has said President Emmerson Mnangagwa might appoint someone worse to replace the retired Chief Justice Luke Malaba.

The UK-based law lecturer was discussing possible ways through which Mnangagwa can appoint a replacement to Malaba who was ousted recently by the High Court.

On 15 May 2021 the high court of Zimbabwe retired him as the chief justice and ruled his extension of office was unconstitutional.

Magaisa observes that the invalidation of the extension of former Chief Justice Malaba’s term means there is now a vacancy in the office of the Chief Justice.

While stating that Before Amendment No. 1 all judges were appointed after a rigorous public interviewing process. This is how former Chief Justice Malaba came into the office 4 years ago.

Magaisa said , “Amendment No. 2 built on the first amendment by giving more power to the President to directly appoint judges of the Supreme Court and the Constitutional Court from among the pool of serving judges without the need for public interviews.”

“ If this system is used, it means President Mnangagwa has a large discretion over whom he appoints. It cannot be the former Chief Justice Malaba because he is already 70 years old. But it could be someone worse, “ he said.

Magaisa added that ,” There is certainly no guarantee that President Mnangagwa will appoint someone better than former Chief Justice Malaba. If that happens, it will have been a case of one step forward and three steps backward. Nevertheless, there is a problem with both amendments which means they are ripe for legal challenges.”

Zimbabwe’s High Court on Saturday forced the country’s chief justice to retire, ruling that an extension of his term by the president is illegal.

Mnangagwa used his new powers from the Constitutional amendment bill no. 2 to extend Chief Justice Luke Malaba’s tenure by 5 years on May 11, three days before the justice’s scheduled retirement.

A panel of three High Court judges on Saturday agreed and said Malaba had “ceased being a judge and chief justice.