Rights group drags Chief Justice Malaba to court

The Zimbabwe Human Rights NGO Forum has filed an emergency court application seeking the resignation of Chief Justice Malaba by 15 May 2021.

This follows the passage of the Constitutional Amendment Bill No.2 into law whose effect was to increase the retirement age of serving judges to 75 years.

Analysts say the law, signed into an Act by President Emmerson Mnangagwa last week, was meant to increase Malaba’s tenure of office.

Malaba after midnight of 15 May should be deemed null and void.

Section 328 of the constitution that deals with tenure of judges cannot be amended without a referendum.

“It is also the fault of the second respondent (Chief Justice Malaba) who by now should have proceeded on leave to allow for a smooth handover and takeover.

“There was such a smooth handover and takeover when his predecessor left office. There has been no movement from second respondent’s end even before the bill was signed into law.

“The impression created is that he had waited for the bill to be signed into law,” said NGO Forum.

However, the challenge by the rights group sets the proverbial cat among the pigeons as it would be very unlikely for Malaba’s juniors within Zimbabwean courts to rule against their boss.

This follows concerns the country’s top jurist has an overbearing influence over the outcome of a lot of court cases that fall into his subordinates’ in-trays.

In October last year, the country’s High Court and Supreme Court judges hit out at “manipulative” Malaba in a stinging letter addressed to President Emmerson Mnangagwa.

In the letter of complaint, the judges revealed morale was at an all-time low within the judiciary over Malaba’s alleged interference with their work.

They also accused the judiciary chief of employing an overplaying hand regarding court judgements, adding that many of them were operating in fear of being victimised instead of being objective.

“What is reported in the public domain and on social media about the capture of the judiciary is no longer fiction or perception, it is in fact reality,” the judges said in their no-holds-barred letter. -NewZim