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Political Opposition Party MDC Alliance has commended the High Court Ruling which ousted Chief Justice Luke Malaba from his post in line with the constitution, despite government appeal on the ruling.
The High Court reversed the decision by President Emmerson Mnangagwa to extend Malaba’s term of office as the country’s top judge beyond his retirement age of 70.
They ruled that Malaba ceased to be the judge on May 15 at 0000hrs
In a statement responding to the events which have seen the Minister of Justice. Legal and Parliamentary Affairs Ziyambi Ziyambi uttering defamatory allegations and government challenging the ruling.
MDC Alliance said ,” we welcome the recent ruling by a panel of three Judges of the High Court on the unlawfulness of the purported extension of former Chief Justice Malaba’s tenure as Head of the Judiciary. “
Three High Court judges Happius Zhou, Esther Charehwa and Edith Mushore Saturday upheld an application filed by top lawyer Musa Kika and the Young Lawyers Association of Zimbabwe challenging Constitutional Amendment No.2 which is the legal tool used by Mnangagwa to extend the retirement age of local judges from 70 to 75.
MDC Alliance added the courts must uphold the constitution.
“We believe in the ideals of constitutionalism, the rule of law, separation of powers, judicial independence, and good governance. “
“These values are not negotiable as they serve to deepen our democracy. It was important for the High Court to uphold them.”
MDC Alliance stated they believe that the undue haste with which the Constitutional Amendment Bills were handled is an indication that they were intended to achieve a sinister objective that does not influence the country’s democracy.
Recently, the government spearheaded and fast-tracked in the manner the chaotic land reform programme was fast-tracked, the controversial Constitutional Amendment Bill No. 2 which then was used to extend Malaba’s term of office.
Malaba presided over Mnangagwa’s swearing-in in 2017. Critics say Mnangagwa may have felt obliged to return the favor and perhaps guarantee more favors from him in the event of an election loss in the upcoming elections 2 years from now.
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