Anti-Malaba lawyer shockingly withdraws case against undefire CJ

Lawyer Mr Musa Kika shockingly withdrew his latest urgent High Court application just an hour before the case management to have the appointment of Chief Justice Luke Malaba nullified ending a second attempt to stop Malaba from exercising his authority.

Lawyers representing the government of Zimbabwe and the Judicial Service Commission were all in attendance when Musa Kika’s legal team suddenly filed a notice of withdrawal an hour before the commencement of a case management meeting.

Kika did not give reasons for his withdrawal.

The High Court last week ruled that CJ Malaba was not in contempt of court when he resumed his judicial functions after an appeal to the Supreme Court was noted against the earlier High Court decision.

Following the noting of appeal, CJ Malaba returned to work, a development that upset Mr Kika, the leader of the original application to block the Chief Justice from continuing in the post after he turned 70.

Early May this year, President Emmerson Mnangagwa extended Chief Justice Malaba’s tenure by another five years following the passage of the Constitution of Zimbabwe Amendment Bill number 2 of 2021 which authorised the President to extend the Chief Justice’s tenure of office beyond the mandatory 70 years retirement age.