The Government has filed an appeal at the Supreme Court challenging the High Court’s judgment nullifying the extension of former Chief Justice Luke Malaba’s tenure.
The Herald reported that the appeal came after the High Court ruling reversed a decision that was made by the President, President Emmerson Mnangagwa increasing Malaba’s term beyond his retirement age.
However, the appeal which was made is against the entire judgment by three judges, Justices Happias Zhou, Edith Mushore, and Justice Jester Charewa as it blocks the extension of Chief Justice Malaba’s service by five years.
The trio gave a ruling that Chief Justice ceased to be the Chief Justice when he reached the age of 70 on May 15 2021 and that the extension of the service does not work to incumbent judges of the Constitutional Court and the Supreme Court.
“The appellant hereby appeals against the whole judgment of the High Court of Zimbabwe sitting at Harare handed down by (Happias) Zhou J, (Helena) Charewa J, and (Edith) Mushore J in case number HC2166/2 on 16 May 2021,” reads part of the legal document.
The appeal filed through the Attorney General’s Office cites Young Lawyers Association, Frederick Charles Moses Mutanda, Judicial Service Commission, and Malaba as respondents.
iHarare reported that the High Court of Zimbabwe gave a huge blow to Chief Justice Luke Malaba’s attempts to remain in office past retirement age two weeks ago.
The High Court gave a ruling revealing that Chief Justice Luke Malaba’s tenure had expired and that he “ceased being a judge and Chief Justice at 0000hrs on 15 May 2021.”
The High Court was ruling on lawsuits filed by the Young Lawyers of Zimbabwe and Zimbabwe Human Rights NGO Forum Executive Director, Musa Kika, challenging the attempt to extend Chief Justice Luke Malaba’s tenure beyond 15 May 2021, his 70th birthday.