Source: Zimbabwe court upholds chief justice’s right to resume work despite age | Reuters
Zimbabwean President Emmerson Mnangagwa talks to the Chief Justice Luke Malaba during the swearing in ceremony of the country’s vice presidents at State House in Harare, Zimbabwe, December 28,2017.REUTERS/Philimon Bulawayo
Zimbabwe’s High Court on Thursday backed Chief Justice Luke Malaba’s right to resume work despite a previous ruling that the president’s decision to extend Malaba’s tenure breached the constitution because he has turned 70.
The Malaba case has become the focus of a tussle between the High Court and President Emmerson Mnangagwa, who introduced a constitutional amendment that raised the retirement of Constitutional and Supreme Court judges to 75 from 70.
Lawyers have challenged the amendment but Malaba has resumed his work, prompting one of the lawyers to file contempt of court charges against the chief justice.
However three High Court judges rejected the contempt of court charges on Thursday without immediately giving a reason for their verdict.
The High Court ruled last month that Mnangagwa’s decision to extend Malaba’s tenure by five years was invalid. read more The government has appealed that verdict and the Supreme Court is yet to set a date for a hearing.
Critics accuse Mnangagwa of seeking to influence the judiciary, a charge he denies.
COMMENTS
This is hardly surprising as the purpose of Malaba breaching the High Court judgement was ostensibly to instil fear into judicial officers dealing with his cases. This removes the possibility of an informed decision by the two ladies who dealt with his contempt of court case as it appears that they feared thevrepercussions if they dealt with it otherwise.
We all know that there was gross interference by one Chikwana from JSC who approached Justice Chinhamora who then recused himself after the matter became public knowledge. The two ladies who heard the case were fully aware of the possible consequences of applying their legal mind on the merit of the case, I don’t blame them, they have families to feed.
Well articulated Kalulu….!