Mnangagwa extends Malaba’s tenure by 5 years

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President Emmerson Mnangagwa has extended Chief Justice Luke Malaba’s tenure by a further 5 years. The Chief Justice was supposed to retire on May 15, 2021, upon reaching the age of 70.

However, the government pushed through a constitutional amendment to allow judges to continue holding office after reaching 70 years, the previous mandatory retirement age.

The controversial constitutional amendment is being legally challenged with some legal experts arguing that the amendment is unconstitutional. Others are also arguing that even if the amendment passes all tests of legality, it will not apply to Chief Justice Malaba.

Below is the letter from Misheck Sibanda, the Chief Secretary to the President and Cabinet advising Chief Justice Malaba of the extension.

11 May 2021,
THE HONOURABLE MR JUSTICE MALABA
Chief Justice of Zimbabwe
Constitutional Court of Zimbabwe
Mapondera Building
HARARE
RE: ELECTION TO REMAIN IN OFFICE OF CHIEF JUSTICE OF ZIMBABWE: MR JUSTICE MALABA
His Excellency, the President of the Republic of Zimbabwe, has considered your election to continue in the office of Chief Justice beyond the age of seventy years for an additional period of five (5) years. He has further considered and accepted the medical report which you submitted as your mental and physical fitness to continue in that office.
I am pleased to advise you that after consultation with the Judicial Service Commission as required by law, His Excellency, the President has, in terr of section 186 (1) of the Constitution, accepted your election to continue in the office of Chief Justice beyond the age of seventy (70) for an additional period of five (5) years from 16 May 2021.
Dr MJM Sibanda
CHIEF SECRETARY TO THE PRESIDENT AND CABINET