COURT WATCH 9-2021 - When is a Chief Justice not a Chief Justice


[29th May 2021]

When is a Chief Justice not a Chief Justice?

A fortnight ago the High Court ruled that Chief Justice Malaba ceased to be Chief Justice when he turned 70 on the 15th May.  The court ruled that the recent amendment to section 186 of the Constitution, which would allow certain judges to serve until the age of 75, did not apply to Mr Malaba.  The court’s order was as follows:

“It is declared that:

HC 2021-2166 Musa Kika v Minister of Justice, Legal & Parliamentary Affairs, Luke Malaba and Others Applicants' Heads of Argument

1. Constitutions and good govefliance do not self-actualise. They require structures, including this Honourable Court, to breathe life into our collective aspirations. In Nyathi v Member of the Executive Council for the Department of Health Gauteng & Another 2008 (5) SA 94 (CC) at paragraph 80 it was held per Madala J that:

COURT WATCH 8/2021 - High Court decides Chief Justice Malaba Has Retired


[17th May 2021]

High Court Decides Chief Justice Malaba Has Retired

After a hearing on the 14th May that went on into the early hours of the next morning, the High Court delivered a judgment on the 15th May declaring that Chief Justice Malaba had retired from the Bench on reaching his 70th birthday that day – in other words, that he was no longer Chief Justice of Zimbabwe or even a judge.

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