By 
Chief Justice Luke Malaba’s efforts for an extension of his top position as the top Judicial Officer may suffer a major blow considering the High Court directive which ruled for Senate to vote for a Constitutional Amendment Bill which will determine his fate after his term ends.
Current constitutional provisions set the maximum age limit of judges at 70 years – meaning Malaba automatically retires on 15 May 2021 midnight.
The Senate now has a new deadline of Wednesday 26th May to comply with paragraph (b) of the March 2020 order as extended by the 25 February order:
“The Senate is directed to conduct a vote in accordance with the procedure for amending the Constitution prescribed by section 328(5) of the Constitution within 90 days of 25th February 2021, failing which the declaration of invalidity of Constitutional Amendment Bill [sic] (No. 1) of 2017 in paragraph (1) shall become final.”
Malaba is anxious while waiting for his fate to be decided.
“The Chief Justice is in a big dilemma, he is supposed to retire in May, but he doesn’t want to go. He wants the constitution amended – Constitutional Amendment (No.2) – for him to benefit and stay on when he is the incumbent. This is a big constitutional and political conundrum,” a Chief official said.
Age-limits ensure judges enjoy security of tenure through-out their term.Judges beyond 70 years would need a certificate of fitness to get an extension as the President retains the power to appoint or disappoint.
If Malaba is given the extension, that will drive the final nail into the coffin of judiciary independence, integrity of judges and justice delivery in Zimbabwe.
Malaba came into office on 27 March 2017 under the late former President Robert Mugabe replacing the late Chief Justice Godfrey Chidyausiku and before that, he had been Acting Chief Justice.
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