The President of Zimbabwe Emmerson Mnangagwa has appointed 6 new Supreme Court Judges to hear Luke Malaba’s appeal against removal as Chief justice by High Court.
The six appointed judges are Honorable G. M Chiweshe JP, Hon A.M Chitakunye, Hon. S.K. Kudya, Hon. F Chatukuta, Hon. J. Musakwa and Hon. H. Mwayera.
Former Zanu-PF Member Jonathan Moyo says “hostile” judge George Chiweshe is being punished by being promoted into redundancy and many critics argue that Chiweshe has been removed as the President Hope’s to regain control of the high court.
On 11 May 2021 Mnangagwa used his powers to extend Chief Justice Luke Malaba’s tenure by 5 years, three days before the justice’s scheduled retirement.
In Zimbabwe judges retire at the age of 70, however the recent Constitutional amendment gives the president the power to extend the terms of supreme court and constitutional court judges by 5 years meaning Malaba was to retire at 75.
The Young Lawyers Association of Zimbabwe and others sued, arguing that the constitution also stated that Malaba and all current Supreme Court and Constitutional Court Judges cannot benefit from the amendment. Only judges appointed after the amendment can.
