Movement for Democratic Alliance’s official, Tendai Biti has piled more misery on Chief Justice Malaba as he argues that he needs to accept defeat and retire.
Tendai Biti further criticized the government for changing the constitution in order to accommodate Luke Malaba.
“Zimbabwe has over 6 000 lawyers. Those that are currently practising law are over 3000. Why would you change a constitution just to accommodate one man? Why would that one man accept such madness. Justice Malaba has been on the bench for 41 years, he is now 70 years ,” said Biti.
Biti further criticized Malaba arguing that he is now old and he shouldn’t exhaust himself by another 5 years in office.
Last week the President of Zimbabwe Emmerson Mnangagwa appointed 6 supreme court judges to hear Luke Malaba’s appeal.
On 11 May 2021 Mnangagwa had used his powers to extend Chief justice 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.