Chief Justice Luke Malaba will lead his final Constitutional Court sitting in Harare next Monday.
The special session will take place at the Mashonganyika Building. Senior judges, lawyers, and government officials will attend.
This sitting will formally end Malaba’s judicial career, which has spanned more than four decades.
Retirement and Farewell Events
Malaba will officially leave office at midnight on 14 May 2026. Section 186(1) of Zimbabwe’s Constitution sets the retirement age for judges at 70. However, judges may choose a five-year extension.
Meanwhile, the Judicial Service Commission has planned several farewell events to honour his service.
A formal dinner will take place on 14 May. The event will bring together the Executive, Legislature, and justice sector institutions.
Debate Over His Extended Term
In 2021, Parliament passed Constitutional Amendment No. 2. The amendment allowed the President to extend judges’ terms by five years.
Malaba turned 70 on 15 May 2021. President Emmerson Mnangagwa then extended his term until 2026.
However, three High Court judges later ruled against the extension. They said Malaba had stopped being Chief Justice on 15 May 2021. The judges argued the extension was unconstitutional because it benefited a sitting judge.
Lawyers and opposition figures described the move as judicial capture.
Later, in September 2021, the Constitutional Court overturned the High Court ruling. The court said the High Court lacked jurisdiction over constitutional matters. As a result, Malaba remained in office.
The case sparked intense debate about judicial independence in Zimbabwe.
Throughout his tenure, lawyers, opposition parties, and civil society groups criticised Malaba’s relationship with the Executive. Critics pointed to his handling of political cases. They also questioned the Judicial Service Commission’s disciplinary role against judges ruling against the state.
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