Malaba ”concedes” defeat as he demands pension in USD

Former Chief Justice Luke Malaba, who was ousted by the High Court from exceeding his tenure after reaching 70 years is reported to be demanding payment of pension in United States dollar

Ironically in January 2020, Malaba ruled that USD$1 was equal to ZWL$1, giving a ruling in favor of Zambezi Gas (Pvt)Ltd in a matter involving NR Barber (Pvt) Ltd.

Former Cabinet Minister Jonathan Moyo revealed the development in a Twitter post, “ Before becoming Chief Justice and despite his checkered history as a magistrate, Malaba was well regarded as a judge.”

“ After becoming Chief Justice, he came out of the closet as a Mnangagwa lackey, selfish judicial dictator, mired the judiciary into disrepute and wants pension in USD!”

According to the Judges Salaries Allowances Pensions Act, the President shall fix the terms and conditions subject to which pension benefits shall be paid.

The provisions relating to the payment of a pension to a judge or the widow of a judge which had been approved by the President in terms of subsection (2) of section three and were applicable immediately before the 27th October, 1972, shall be deemed to have been fixed in terms of subsection (1), and the provisions of subsections (2) and (3) shall apply thereto.

President Mnangagwa extended the tenure of Chief Justice Luke Malaba by five years following contentious changes to the constitution.

However, the decision was challenged in court after High Court ruled that the decision to extend Chief Justice Luke Malaba’s tenure by five years was invalid because it breached the constitution.

Lawyers had challenged a constitutional amendment that raised the retirement age of Constitutional and Supreme Court judges to 75 from 70, which allowed Mnangagwa to extend Malaba’s term of office by another five years.

Meanwhile, the government on Monday appealed against a High Court ruling.