By Staff Reporter
CHIEF Justice (CJ) Luke Malaba is not clinging on to the office but will duly retire on May 15 2026, the Judicial Service Commission (JSC) has reveled in a statement.
The announcements comes on the back of speculative reports indicating the C.J is not willing to let go easily as he reaches the final retirement age limit in May 2026.
In a statement, the JSC said Chief Justice Malaba’s last working day will be on the midnight of 14 May and various activities will be organised to commemorate his retirement.
“On the 14th of May, there will be a special sitting of the court held in honour of the Honourable Chief Justice,” said the JSC. “On the same day, a dinner will be held to acknowledge and celebrate the services rendered by the Chief Justice to the nation as a Magistrate, Judge, Judge of Appeal and Chief Justice over a cumulative period of four decades.
“We will be extending invitations to colleagues and key constitutional bodies, including the Executive, Legislature and other institutions within the justice sector. We also expect the dinner to be attended by the Chief Justice’s colleagues from the region and beyond.”
The retirement of Chief Justice Malaba is in accordance with Section 186(1) of the Constitution of Zimbabwe, which provides that the Chief Justice holds office from the date of their assumption of office until they reach the age of 70, at which point they must retire unless, before attaining that age, they elect to continue in office for an additional five years.
Five years ago, upon reaching the age of 70, Chief Justice Malaba elected to extend his tenure by an additional five years under the constitutional provision.
The JSC condemned statements from certain sections of the media suggesting that Chief Justice Malaba was required to go on leave pending retirement and had “refused” to do so.
“This is a misrepresentation of both the law and the facts,” said the JSC. “We wish to clarify that there is no legal obligation for the Chief Justice to proceed on pre-retirement leave.
“The decision to take leave is discretionary, not mandatory. Characterising the exercise of a lawful discretion as a “refusal” is therefore erroneous and creates a false impression of impropriety.”
The JSC said it was also inaccurate to suggest that no preparations were being made for the transition.
