High Court has thrown out with cost an application by the Judiciary Service Commission (JSC) seeking recusal of Justice Happius Zhou from presiding over the Constitutional Amendment Act No2 challenge.
Chief Justice Luke Malaba turns 70 tomorrow on 15 May 2021, and before the Constitutional Amendment Act Number 2 came into being, Malaba was set to leave office by 15 May 2021.
However, President Emmerson Mnangagwa extended Malaba’s term of office by another five years, and this is what is being challenged in the High Court of Zimbabwe.
In his submission, Advocate Thabani Mpofu says Chief Justice Luke Malaba as an incumbent should not be a beneficiary of the Constitutional Amendment Act Number 2, adding that by operation of law, by midnight on the 15th of May 2021, Chief Justice Malaba should be out of office as he will cease to be the Chief Justice of Zimbabwe.
Malaba was appointed Acting Chief Justice on 1 March 2017. During interviews to become the Chief Justice, he scored 92 percent, achieving the highest score of those interviewed. He assumed the office on 27 March 2017.
More details to follow as the proceedings continue: