THE High Court has reversed a decision by President Emmerson Mnangagwa to extend Chief Justice Luke Malaba’s term as the country’s top most judge beyond his retirement age of 70.
Delivering the ruling on Saturday afternoon, High Court judge Justice Happis Zhou said:
In view of the decision that we have reached, Honourable Malaba ceased being a judge and CJ at 0000hrs on 15 May 2021.
Justice Zhou said the extension of the term provided by section 186 of the Constitution does not apply to Malaba, who turned 70 today.
On Wednesday President Mnangagwa extended Malaba’s term of office by an additional five years.
Mnangagwa accepted Malaba’ election to continue in the office of Chief Justice beyond 70 years on the pretext that he is still mentally and physically fit to continue in office.
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