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Chief Justice Luke Malaba officially opened two Magistrates Courts in Triangle and Chiredzi last Friday.
In his address at the event which took place at the Chiredzi Regional Court, Malaba said that the new courts are a resource for the entire community that will ensure easier access to justice for all residents in the district.
Malaba asserted that the completion of these facilities is expected to reduce unnecessary delays and combat the backlog of cases that have plagued the judicial system for years. He said:
<blockquote>
Courts are buildings that symbolise our vision as the people of Zimbabwe, our aspirations, our fundamental rights, and our freedom. These are the buildings from which we should all be able to realise the goodness of the law.
We must have them near so that every day we can think of them and see them. Not just because they are institutions where wrongness is resolved, courts are not just there for that.
Courts are therefore anchoring the vision of economic development because all economic disputes must go to court.
</blockquote>
The ceremony was attended by various dignitaries, including Prosecutor General Loice Matanda Moyo, Senior High Court Judge Jesca Charehwa, Member of Parliament for Chiredzi West Darlington Chiwa, and several local chiefs and community leaders.
Malaba also commended the Judicial Service Commission (JSC) for adhering to best construction practices in developing modern court facilities, which also incorporate the fourth phase of the Integrated Electronic Case Management System (IECMS) in the magistrate courts.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Chief Justice Luke Malaba opened two new Magistrates Courts in Triangle and Chiredzi. He said these courts will make it easier for everyone in the community to access justice. The new courts are expected to help reduce delays and clear up old cases. Malaba mentioned that courts are important for our rights and freedom. Many important people attended the opening ceremony. The courts were built following good practices and now have a new electronic case management system. Malaba thanked the Judicial Service Commission for their work on these new facilities.

Chief Justice Malaba Commissions Two Magistrate Courts

In a move that has reportedly irked many members of the judiciary, Chief Justice Luke Malaba has directed all judges to travel by bus for an end-of-term retreat to Nyanga, Manicaland on Thursday.
According to <a href="https://www.zimlive.com/judges-fury-after-malaba-orders-them-to-use-buses-for-nyanga-retreat/">ZimLive</a>, Malaba has ordered the judges to use two designated buses for the trip – a 15-seater reserved exclusively for Constitutional Court judges, and a larger 67-seater bus for the rest of the judiciary.
This arrangement has drawn discontent from most of the judges, who would have preferred to drive themselves to the retreat location.
Several judges were seen being dropped off by their personal drivers before boarding the assigned buses around 11 AM on Thursday.
One disgruntled judge, who spoke to ZimLive, expressed the view that being compelled to travel by bus would be inconvenient for the members of the judiciary. Said the judge:
<blockquote>
We each have our own peculiarities. Some need more comfort breaks than others, imagine having to stop the whole bus for whatever personal reason!
And while in Nyanga, does it mean when one needs a bit of fresh air or they want to do some sightseeing they must ask the bus driver to take them?
This bus travel impairs the personal dignity of judges. If at all a bus can be used, it should be available as an option to those that don’t want to drive.
</blockquote>
A senior lawyer said putting all judges in one bus is a “grave security risk”. He added:
<blockquote>
God forbid the bus crashes, what happens to the justice system in Zimbabwe? This was not a well-thought-out decision. Malaba and the JSC are treating judges almost like schoolchildren.
</blockquote>
Judges are typically issued two vehicles and fuel coupons for their official use, enabling them to maintain a degree of independence and mobility in carrying out their duties.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chief Justice Luke Malaba has told the judges to take buses for a retreat to Nyanga. The judges are not happy and would rather drive themselves. Some judges had their own drivers drop them off before getting on the buses. One judge said it's inconvenient to travel by bus and it's not dignified. A lawyer said it's not safe to have all judges on one bus in case of an accident. Usually, judges have their own cars for work, but now they have to use buses as directed by Malaba.

Malaba Orders Judges To Use Buses For Nyanga Retreat

The Chief Justice of Zimbabwe, <a href="https://www.pindula.co.zw/Luke_Malaba/">Luke Malaba</a>, has published a notice in the gazette announcing the appointment of 35 judges to handle electoral disputes in the country. The judges, who were selected after consultation with the Judicial Service Commission and the Judge President of the High Court, have begun working with immediate effect. The appointment is in line with section 162(1) of the Electoral Act [Chapter 2:13].
The judges will form the Electoral Court Division of the High Court and will serve from 1st June 2023 to 31st December. The appointed judges are Justices:
<ol>
<li>Judge President Maria Dube, </li>
<li>Garainesu Mawadze, </li>
<li>Happias Zhou, </li>
<li>Joseph Mafusire, </li>
<li>David Mangota, </li>
<li>Maxwell Takuva, </li>
<li>Amy Tsanga,</li>
<li> Nokuthula Moyo, </li>
<li>Esther Muremba, </li>
<li>Davison Moses Foroma, </li>
<li>Tawanda Chitapi, </li>
<li>Nyaradzo Munangati-Manongwa, </li>
<li>Phildah Muzofa,</li>
<li> Isaac Muzenda, </li>
<li>Neville Wamambo,</li>
<li> Sylvia Chirawu-Mugomba, </li>
<li>Benjamin Chikowero, </li>
<li>Pisirai Kwenda, </li>
<li>Jacob Manzunzu, </li>
<li>Evangelista Kabasa, </li>
<li>Christopher Dube-Banda, </li>
<li>Siyabona Musithu, </li>
<li>Sunsley Zisengwe, </li>
<li>Webster Chinamora, </li>
<li>Gladys Mhuri, </li>
<li>Emilia Muchawa, </li>
<li>Fatima Maxwell, </li>
<li>Rodgers Manyangadze, </li>
<li>Joseph Chilimbe, </li>
<li>Cathrine Bachi-Muzawazi, </li>
<li>Bongani Ndlovu, </li>
<li>Samuel Deme, </li>
<li>Munamato Mutevedzi, </li>
<li>Never Katiyo and </li>
<li>Lucie-Annie Mungwari.</li>
</ol>
The announcement comes ahead of Zimbabwe’s general elections slated for 23 August this year. Political parties have begun preparing for the polls, with Zanu-PF aspiring MPs currently attending a workshop at the Herbert Chitepo School of Ideology. The main opposition party, Citizens Coalition for Change (CCC), is finalizing its nomination list and conducting grassroots campaigns to secure rural votes.
In Zimbabwe, electoral disputes have frequently spilt into the courts in recent years, with the most notable case being in 2018 when the opposition Movement for Democratic Change (MDC) challenged the results of the presidential election, alleging irregularities and fraud. The case was heard by the Constitutional Court, which upheld the results and declared Emmerson Mnangagwa as the winner of the election. The MDC rejected the ruling, but the matter was settled without any major incidents of violence.
Other electoral disputes have also been heard in the courts, including cases of vote-rigging, intimidation, and violence. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Chief Justice Malaba Appoints 35 Judges To Handle Electoral Disputes In Zimbabwe

Chief Justice Luke Malaba has called for free and fair elections as the country heads for general elections scheduled for later this year.
Malaba made the call while addressing more than 200 magistrates and other stakeholders who are attending the first-ever Magistrates’ National Conference in Victoria Falls on Friday, 31 March.
He said magistrates are the protectors and the guardians of electoral freedom, fairness and human life and property. <a href="https://www.chronicle.co.zw/chief-justice-malaba-calls-for-free-and-fair-elections/">The Chronicle </a>quoted Malaba as saying:
<blockquote>
The purpose of designating magistrates with specific roles in electoral adjudication is to designate them as the protectors and guardians of electoral freedom, fairness and human life and property.
This purpose places an obligation on magistrates designated to participate in the implementation of electoral law to have an understanding of their roles and to fulfill them.
An election is a means of democratic participation enabling the aspirations of the nation to be openly presented without fear of electoral injustice, thus facilitating the assembly of these aspirations into a mutually beneficial national goal.
</blockquote>
Malaba also said immediately after an election is called, the Commissioner-General of Police, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.
He said the Judicial Service Commission (JSC) shall designate one or more magistrates in each province to try cases involving politically–motivated violence and intimidation.
Section 67 of the Constitution provides that every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; to make political choices freely, to form, to join and to participate in the activities of a political party or organisation of their choice, campaign freely and peacefully for a political party or cause, participate in peaceful political activity individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause, subject to the Constitution.
More: <a href="https://www.newsday.co.zw/local-news/article/200009522/ed-demands-re-run-in-violence-hotspots">Pindula News</a>

Magistrates Are Guardians Of Electoral Freedoms - CJ Malaba

British Parliamentarian, Lord Robert Antony Hayward, says there is no sign that the Zimbabwe Electoral Commission (ZEC) will enforce free and fair elections in 2023.
Speaking in the House of Lords Friday, Hayward, who was an observer during Zimbabwe’s 2018 general elections, questioned ZEC’s capacity to provide an uncontested poll, <a href="https://www.newzimbabwe.com/britain-says-no-signs-zimbabwes-elections-will-be-free-fair-proposes-engagement-with-zec/">NewZimbabwe.com</a> reported. He said:
<blockquote>
My Lords, reference has already been made to the elections in 2018; the report was pretty damning, particularly in relation to the events after the general election in 2018.
Can my noble friend ensure that very strong representations are made to the electoral commission, because it has been lamentable in any action.
It was before the 2018 election, and there is no sign that it will enforce any form of free and fair elections next.
</blockquote>
The opposition has often accused ZEC of conniving with the ruling ZANU PF to manipulate electoral processes and results in favour of the ruling party.
In 2018, then leader of the opposition MDC Alliance, Nelson Chamisa, approached the Constitutional Court claiming that ZEC had rigged the presidential election in favour of his archrival, President Emmerson Mnangagwa.
He lost the court case with the judges led by Chief Justice Luke Malaba ruling that Chamisa had failed to provide evidence to support his claim.
Meanwhile, Lord Zac Goldsmith expressed hope the UK government would exhaust all options in ensuring credible elections in the southern African nation, next year.
Goldsmith, who was responding to Hayward, noted the UK was banking on Mnangagwa’s desire to rejoin the international community of nations, particularly the Commonwealth. Goldsmith said:
<blockquote>
My Lords, we will use whatever leverage we have to maximise the chance of free and fair elections.
We know that President Mnangagwa wants more engagement with the UK-that is clear-and in many respects we want him to have that too.
However, deeper re-engagement with the UK will require meaningful political and economic reform and respect for human rights and the rule of law in line with the President’s own stated commitments when he took office.
</blockquote>
Since his ascension to power in 2017, Mnangagwa has been pushing a re-engagement agenda after the southern African country was isolated two decades ago over alleged human rights abuses.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

British MP Says "There Is No Sign That ZEC Will Enforce Any Form Of Free And Fair Elections" In 2023

The Judicial Service Commission (JSC) has invited members of the public to air their views on whether judges should continue wearing Judicial wigs or not.
The Zimbabwe Lawyers for Human Rights (ZLHR) recently said judges in higher courts to abandon the wearing of judicial wigs arguing that the practice is outdated and therefore irrelevant.
The lawyers said the money being used to buy the wigs could be used for other important things.
In 2019, the JSC purchased 64 of the wigs in question at a total cost of £118 400 (US$132,973.86) from UK firm Stanely Ley Legal Outfitters in London.
In a statement, the JSC said that Chief Justice Luke Malaba has established a Judicial Wigs Committee to see if the regalia is still necessary. Reads the statement:
<blockquote>
<h2>CALL FOR PUBLIC PARTICIPATION IN THE DEBATE REGARDING THE REMOVAL OR RETENTION OF JUDICIAL WIGS: JUDICIARY OF ZIMBABWE</h2>
Judges as part of their judicial attire, wear judicial wigs both ceremonial, worn during occasions such as the official opening of the legal year, and the normal court wigs, worn during ordinary court operations or proceedings. 
There has been an ongoing heated debate worldwide on whether or not both types of judicial wigs, should be retained or removed as part of the official judicial attire and the transformation of the judiciary. 
These calls have now gained considerable traction and are now echoed in the Zimbabwean Judiciary. 
The Honourable Judges of the Superior Courts debated the subject matter at the end of the First term Symposium held in April 2022 in Masvingo.
It is on this basis that the Honourable Chief Justice, Mr Luke Malaba, constituted the Judicial Wigs Committee(JWC) to stir discussions and solicit the views and comments of all stakeholders in the justice delivery system and the public. 
Thus, as a way of promoting inclusivity and democratic governance, the Judicial Wigs Committee wishes to elicit public opinion as part of the concerted efforts to inform and direct public policy on this issue.
<h2>CONSULTATION FORMS</h2>
Anyone intending to contribute towards this debate on judicial wigs in the Zimbabwean judiciary can obtain consultation forms or questionnaires from:
i. The office of the Secretary, Judicial Service Commission House, No 161 Josiah Chinamano Avenue, corner Josiah Chinamano Avenue and Seventh Street, HARARE or
ii. The website of the JSC at www.jsc.org.zw where the forms can be downloaded.
Please fill out the consultation form or questionnaire to assist the Judicial Wigs Committee in gathering data on the above-stated inquiry.
Once completed, the forms must be submitted to the office of the Secretary, Judicial Service Commission House, NO. 161 Josiah Chinamano Avenue, corner Josiah Chinamano Avenue &amp; Seventh Street, HARARE, OR electronically on emawondo@jsc.org.zw or Iphilemon@jsc.org.zw by no later than close of business on 3 November 2022.
</blockquote>

JSC Opens Public Debate On The Wearing Of Judicial Wigs

Sacked High Court judge, Justice <a href="https://www.pindula.co.zw/Edith_Kuda_Mushore">Edith Mushore</a>, sold a government vehicle, a top-of-the-range Land Rover Discovery given to sitting judges.
A fortnight ago, President Emmerson Mnangagwa <a href="https://zero.pindula.co.zw/president-mnangagwa-fires-justice-edith-mushore/">removed Justice Mushore from the office</a> of Judge of the High Court for misconduct. 
The removal followed recommendations from a tribunal constituted in terms of the Constitution to investigate Mushore’s year-long absence from the Justice Cheda-chaired tribunal.
The Herald says Justice, Legal and Parliamentary Affairs Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi</a>, confirmed the sale of the vehicle.  He is cited as saying:
<blockquote>
Yes, indeed, she sold one of the Government issued vehicles. We are not sure why she did so. She has left more than 90 incomplete cases.
Justice Mushore did not attend the hearing despite valid notifications being sent to her. It was on that basis that the tribunal made recommendations that she is not fit to hold the office of a judge.
</blockquote>
Initially, when she was asked to explain her absence from work last year, Justice Mushore said she was unwell, but failed to produce a sick note, according to <a href="https://www.herald.co.zw/sacked-judge-inexplicably-sold-govt-car/">The Herald</a>.
<h2>Some context:</h2>
Mushore was appointed to the bench in 2015 from private practice where she was an Advocate of the High Court.
Justice Mushore, who was attached to the Family Law Court at the High Court, last reported for work in mid-June last year.
Judges are not allowed to be absent from work for more than three days without official leave.
In May 2021, Mushore was one of the judges who ruled that Chief Justice <a href="https://www.pindula.co.zw/Luke_Malaba">Luke Malaba</a> had <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">ceased to lead the bench</a> upon reaching the age of mandatory retirement. Malaba appealed the ruling and won, and he remains the Chief Justice to date.
Some believe she was punished for that ruling.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Justice Minister Says Fired High Court Judge Mushore Sold A Govt Vehicle

The Permanent Secretary in the Ministry of Information, Broadcasting and Publicity Services, <a href="https://www.pindula.co.zw/Nick_Mangwana">Nick Mangwana</a> has said the president cannot go into conflict with the courts.
He said the president, <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>, respects the principle of Separation of Powers. Reads Nick’s Twitter post seen by Pindula News this Monday:
<blockquote>
The President cannot go into conflict with the courts. He respects the principle of Separation of Powers. The courts themselves are not citing political reasons for their decisions but purely legal ones.
</blockquote>
<h2>Context:</h2>
His remarks come amid allegations that the executive arm of the government was interfering with other arms of government, particularly the judiciary.
Critics and the opposition argue that the executive was influencing the judiciary to prolong the detention of opposition Members of Parliament, <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> (Zengeza West) and <a href="https://www.pindula.co.zw/Godfrey_Sithole">Godfrey Sithole</a> (Chitungwiza North).
The duo was arrested together with 14 Nyatsime residents over the 14 June violence that erupted during the funeral wake of slain Citizens Coalition for Change (CCC) activist, <a href="https://www.pindula.co.zw/Moreblessing_Ali">Moreblessing Ali</a>.
They have been in prison since 14 June with courts denying them bail on several occasions.
Recent remarks by a Law professor, <a href="https://www.pindula.co.zw/Lovemore_Madhuku">Lovemore Madhuku</a>, that the detained politicians were <a href="https://news.pindula.co.zw/2022/09/06/madhuku-says-sikhala-sithole-nyatsime-activists-are-victims-of-their-parties-refusal-to-dialogue-with-ed/">victims of their party’s refusal to dialogue</a> with President Mnangagwa resulted in some arguing that the president was ordering the courts to prolong the detentions.
<h2>Meaning of Nick’s Twitter Post:</h2>
In essence, the doctrine of Separation of power mentioned in Nick Mangwana’s Twitter post stipulates that for a free and democratic society to exist, there must be a clear separation between the three branches of government, namely: 
i). The Executive, which is the branch that executes the business of government. It comprises the President, Vice-Presidents and Ministers, the Public Service, the Defence Forces, the Police Force and other law-enforcement organisations. All the administrative, law-enforcement and coercive organs of the State fall within the Executive Branch, making it potentially the most powerful of the three branches of government unless its powers are subject to limitations. 
ii). The Legislature, which is the law-making branch. In Zimbabwe, it consists of the Senate and the House of Assembly.
iii). The Judicial Branch, which interprets the law. It comprises judicial officers and the courts over which they preside. In Zimbabwe, the courts are divided into superior courts, namely the Supreme Court and the High Court, and the lower courts, which are principally magistrates courts and customary-law courts. There are also specialised courts such as the Administrative Court, the Labour Court and the Fiscal Appeal Court.
Mangwana is saying the judiciary, the legislature and the executive work independently without interference from the other.
However, government critics cite the dismissal of some judges over “dubious reasons,” and the alleged “usurpation” of the Parliamentary role by some members of the executive, as proof that there is no separation of powers in Zimbabwe.
 In 2018, President Mnangagwa claimed to have ordered the release of Tendai Biti, a former Minister of Finance During the Government of National Unity (GNU).
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Information Secretary Mangwana Says The President Can't Go Into Conflict With Courts

The government has announced that all members of the judiciary have received a salary increase of at least 100 per cent with effect from the 1st of July 2022. The development was announced by Finance and Economic Minister Professor Mthuli Ncube on Monday in the capital. Pindula News presents Ncube’s statement:
<blockquote>
<h2>THE JUDICIARY</h2>
• All members of the judiciary have received a salary increase of a minimum of 100% with effect from 1 July 2022. In addition, an allowance that recognizes and aligns remuneration with peers in the legal profession has also been put in place.
• Members of the Judiciary are now also benefitting from the Housing Loan Guarantee Scheme and the Housing Loan scheme as well as the duty-free facility for the importation of one motor vehicle.
• Members of the Judiciary are also being paid the combined USD175.00 per month Allowance comprised of the USD75.00 Covid-19 Allowance and the USD100.00 Cushioning Allowance.
</blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2022/06/27/full-text-government-reviews-workers-salaries/">FULL TEXT: Government Reviews Workers’ Salaries</a></li>
<li><a href="https://news.pindula.co.zw/2022/06/27/finance-minister-mthuli-ncube-announces-measures-to-cushion-teachers/">Finance Minister Mthuli Ncube Announces Measures To Cushion Teachers</a></li>
<li><a href="https://news.pindula.co.zw/2022/06/28/housing-loan-guarantee-scheme-for-security-service-officers-to-purchase-houses-in-areas-of-choice/">“Housing Loan Guarantee Scheme For Security Service Officers To Purchase Houses In Areas Of Choice”</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2022/06/28/government-announces-health-sector-specific-allowances-and-non-monetary-benefits/">Government Announces Health Sector-Specific Allowances And Non-Monetary Benefits</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2022/06/28/parliamentarians-to-get-covid-19-allowance-and-cushioning-allowance-in-usd-finance-minister/">“Parliamentarians To Get COVID-19 Allowance And Cushioning Allowance In USD” – Finance Minister</a></li>
</ul>
<h2>More: <a class="external text" href="https://zero.pindula.co.zw/download/" rel="nofollow">Pindula News </a>is best enjoyed <a href="https://zero.pindula.co.zw/download/?utm_source=PindulaArticles&amp;utm_campaign=DownloadLink">via the App. Download it here</a></h2>

Government Announces 100% Increase Of Salaries Of All Members Of Judiciary

High Court judge Justice Gladys Mhuri Monday dismissed an application by activist Namatai Kwekweza, who sought to challenge the legality of the extension of Chief Justice Luke Malaba’s term of office by five years.
On May 16 last year, President Emmerson Mnangagwa extended Malaba’s term of office saying he was medically fit to continue as the country’s top judge despite being 70, the retirement age for judges.
Several human rights organisations, including Zimbabwe Human Rights NGO Forum executive director Musa Kika, contested the decision without success.
On May 20 last year, Kwekweza wrote to the Judicial Service Commission (JSC) through her lawyers Scanlen and Holderness requesting information relating to how the JSC had arrived at the decision to recommend the extension of Malaba’s term of office beyond retirement age. Kwekweza submitted in her letter:
<blockquote>
How did the JSC come to a decision on the appropriate recommendation to make to the President under section 186(1) of the Constitution of Zimbabwe relating to … Malaba’s bid to continue as CJ for another five years? In particular, was a meeting held by the commissioners for this purpose? Was a resolution passed to make the appropriate recommendation? If so, may we have a copy of the resolution? If a resolution was passed … which commissioners of JSC voted in favour of recommending that … Malaba’s tenure be extended for another five years and which commissioners voted against?
</blockquote>
The JSC responded through its legal practitioners Kantor and Immerman dismissing Kwekwedza’s request saying that it infringed on the individual’s rights. The JSC lawyers wrote back:
<blockquote>
Kindly note that our client avers that the information request you have made is not in accordance with the applicable law. Any such request is subject to the rights of the individuals and institutions concerned. There’s no automatic right to the information.
</blockquote>
Kwekweza was, however, not satisfied with the response and she filed a High Court application.
Justice Mhuri said the case confirmed the CJ’s position to remain in office for the next five years as accepted by the President. Mhuri added that the case sealed and brought to finality any challenge to the CJ’s extension of tenure and all the processes that led to it.
More: <a href="https://news.pindula.co.zw/">NewsDay Zimbabwe</a>

High Court Dismiss Application To Challenge Extension Of CJ Malaba's Term Of Office

Chief Justice Luke Malaba has appointed eighteen judges of the High Court to constitute the Electoral Court.
The Electoral Court will operate from 1 March to 30 August this year in terms of the Electoral Act.
Why it matters:
<ul>
<li>the Electoral Court has exclusive jurisdiction to hear appeals, applications and petitions in terms of the Electoral Act</li>
<li>it reviews any decision of the Zimbabwe Electoral Commission or anyone else made under the Electoral Act</li>
<li>has the power to give such judgments, orders and directions in those matters as might be given by the High Court.</li>
<li>the Electoral Court cannot try any criminal case.</li>
</ul>
The High Court judges who have been named to be judges of the Electoral Court Division of the High Court are:
<ol>
<li>Judge President Justice Maria Zimba-Dube</li>
<li>Justice Garainesu Mawadze</li>
<li>Justice Martin Makonese</li>
<li>Justice David Mangota</li>
<li>Justice Amy Tsanga</li>
<li>Justice Esther Muremba</li>
<li>Justice Moses Foroma</li>
<li>Justice Jester Helena Charewa</li>
<li>Justice Phildah Muzofa</li>
<li>Justice Isaac Muzenda</li>
<li>Justice Benjamin Chikowero</li>
<li>Justice Pisirai Kwenda</li>
<li>Justice Christopher Dube-Banda</li>
<li>Justice Sunsley Zisengwe</li>
<li>Justice Munamato Mutevedzi</li>
<li>Justice Never Katiyo</li>
<li>Justice Elijah Makomo</li>
<li>Justice Lucie-Anne Chipo Munewari</li>
</ol>
Zimbabwe is set to hold by-elections to fill vacant National Assembly constituency seats and council wards on 26 March 2022.
<h4>More: <a href="https://www.herald.co.zw/18-judges-appointed-to-electoral-court/">The Herald</a></h4>

Malaba Appoints 18 Judges To Electoral Court

Chief Justice Luke Malaba has ordered all courts to further postpone pending criminal and civil matters to next Tuesday following the extension of the COVID-19 Level 4 lockdown by President Emmerson Mnangagwa last week.
Courts were set to resume full operations on Thursday. The filing of new cases, process, documents, pleading and papers was suspended on 29 July in line with the COVID-19 regulations.
In a statement issued on court operations yesterday, Malaba said all cases that had been set down from today to 24 August will be rolled over to September. He said:
<blockquote>
All court operations previously suspended from the 29th of July up to the 19th of August are further suspended to the 24th of August 2021 on the same conditions stated in Practice Direction 7 of 2021.
Any act required by the rules to have been done during the period of the lockdown within a specified period of time shall be done within the specified time limited calculated from the 24th of August 2021.
This practice direction takes effect from the 20th of August and shall remain in effect until the expiry of the extended lockdown period.
</blockquote>
<h4>More: <a href="https://www.chronicle.co.zw/court-operations-further-suspended/">Chronicle</a></h4>

Court Operations Further Suspended

Chief Justice Luke Malaba has sworn in Justice Mary Zimba-Dube as the new Judge President and a member of the Judicial Service Commission.
The new Judge President Maria Zimba-Dube took the oath of office and expressed her gratitude to President Mnangagwa for showing confidence in appointing her to the top High Court office.
Chief Justice Luke Malaba, who was found by the High Court in May to be in office illegally, before appealing, conducted the swearing-in ceremony at the Constitutional Court in Harare.

<ul>
<li><a href="https://news.pindula.co.zw/2021/07/14/concourt-rules-on-recusal-of-judges-from-malaba-case/">ConCourt Rules On Recusal Of Judges From Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/18/full-text-govt-appeal-against-malaba-ouster/">FULL TEXT: Govt Appeal Against Malaba Ouster</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">Luke Malaba No Longer Chief Justice – High Court</a></li>
</ul>
Six High Court judges, Justices Happias Zhou, Pisirayi Kwenda, Slyvia Chirawu-Mugomba, Webster Chinamora, Esther Muremba and Tawanda Chitapi as well as the ZACC chairperson Justice Loice Matanda-Moyo were among the invited guests who include the Judge President relatives.
Justice Zimba-Dube becomes the second woman to occupy the top High Court office after Justice Rita Makarau, who was first promoted to the Supreme Court and then, in May this year, was one of the first five judges appointed to the Constitutional Court.
Justice Zimba-Dube was appointed to the High Court bench in 2011 after serving as president of the Administrative Court since 2004.
On June 29 this year, she was appointed Acting Judge President when Justice Chiweshe moved up to the Supreme Court to fill one of the vacancies created when the Constitutional and Supreme Courts were split.
More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://www.herald.co.zw/562371-2/">The Herald</a>

CJ Luke Malaba Has Sworn In New Judge President And Member Of JSC

The Constitutional Court has dismissed a bid by lawyer Musa Kika to have judges removed from the case of Chief Justice Luke Malaba.
Kika had filed an application seeking the recusal of judges set to preside over a case where a Zanu PF activist, Marx Mupungu wants the Constitutional Court to overturn a High Court ruling that nullified the extension of Malaba’s term of office.
Kika had argued that the18 judges from the ConCourt and Supreme Court should recuse themselves from hearing Mupungu’s application.
Deputy Chief Justice Elizabeth Gwaunza presided over the proceedings that were televised on national TV (ZBC) on Wednesday.
The Constitutional Court bench threw out Kika’s application, and the reasons for dismissal will be made available in their full judgment.
Thembinkosi Magwaliba, who was representing the judges cited as respondents in the application, said:
<blockquote>The application for recusal was dismissed. The reasons will be supplied as part of the main judgment.</blockquote>
Lovemore Madhuku, representing Mupunga told journalists the application brought to court by Mupungu will now be heard at the ConCourt Friday before the same judges.
<blockquote>Now we will be going into the merits of the main application.</blockquote>
The case was triggered by President Emmerson Mnangagwa’s extension of Malaba’s term of office on 15 May relying on a controversial constitutional amendment that extended the retirement age for judges to 75.
However, the matter was successfully challenged by Kika as well as the young lawyers and war veteran, Fredrick Matanda.
More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://www.newzimbabwe.com/latest-concourt-dismisses-recusal-of-judges-in-malabas-case/">NewZimbabwe</a>

ConCourt Rules On Recusal Of Judges From Malaba Case

Dr Musa Kika, Executive Director of the Zimbabwe Human Rights NGO Forum, has filed an urgent court application seeking an order for leave to execute the High Court judgment barring former Chief Justice, Luke Makaba, from exercising duties as the Chief Justice of Zimbabwe.
The urgent court application follows a judgment delivered by Justices Tsanga and Chirawu-Mugomba who ruled that Luke Malaba was not in contempt of court because the President and Minister of Justice had lodged an appeal with the Supreme Court.
The latest court application seeks an order that pending finalisation of the appeal, the former CJ should immediately cease and desist from exercising the functions of the Chief Justice of Zimbabwe either in a judicial or administrative capacity unless allowed to do so pursuant to the outcome of the appeal.
Zimbabwe Human Right NGO Forum

Lawyer, Musa Kika Files For Execution Of Malaba Judgement

<ul>
<li>The High Court has ruled that former Chief Justice, Luke Malaba, was not in contempt of court when he resumed work pending a ruling in a case in which lawyers challenged the extension of his term of office.</li>
</ul>
Malaba resumed work after the government had appealed the ruling that nullified the extension of his tenure. Read the operative part of the judgment by Justice Amy Tsanga:
<blockquote>_The application for civil imprisonment for the first respondent (Malaba) contempt of court is dismissed._</blockquote>
Two judges Justices, Amy Tsanga and Slyvia Chirawu-Mugomba, heard the matter after Justice Webster Chinamora recused himself from the original three-judge bench citing professional reasons.

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/03/update-on-malabas-contempt-of-court-case/">UPDATE On Malaba’s Contempt Of Court Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/06/03/malaba-unsure-as-he-skips-swearing-in-of-judges-magaisa/">Malaba “Unsure” As He Skips Swearing-In Of Judges – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/29/17-supreme-con-court-judges-appeal-high-court-ruling-on-malaba-case/">17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
</ol>
Meanwhile, top lawyers, Beatrice Mtetwa and Eric Matinenga have approached the Constitutional court in a <a href="https://news.pindula.co.zw/2021/06/09/top-lawyers-mtetwa-matinenga-in-bid-to-oust-malaba/">fresh bid to have Malaba thrown out of the office.</a>
They argue that both Constitutional Amendment Act No. 1 of 2017 and Constitutional Amendment Act No. 2 of 2021, the basis upon which Malaba’s term was extended, are unconstitutional and, therefore, are null and void.
President Emmerson Mnangagwa extended Malaba’s term of office by an additional five-year beyond his retirement age, a move that was challenged and won by Musa Kika at the High Court on May 15.
After the government had appealed the ruling, Malaba quickly returned to work prompting Musa Kika and the Young Lawyers Association of Zimbabwe to press contempt of court charges saying Malaba had failed to honour the judgment.
The ruling means Malaba can be back in the office until a ruling on the appeal has been given.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

JUST IN: High Court Ruling On Malaba Contempt Of Court Case

A ZANU PF activist has launched a fresh bid to have former Chief Justice Luke Malaba’s term of office extended beyond the retirement age.
A little known ZANU PF youth league member on Friday filed a Constitutional Court (ConCourt) application seeking to nullify a judgement that ended Malaba’s term as chief justice.
Three High Court judges Justices Happias Zhou, Edith Mushore and Jester Charehwa last month ruled that President Emmerson Mnangagwa’s controversial move to extend Malaba’s tenure by five years was unconstitutional.
<ul>
<li><a href="https://zero.pindula.co.zw/chief-justice-luke-malaba-fights-to-stay-out-of-prison/" rel="noopener" target="_blank">Chief Justice Luke Malaba Fights To Stay Out Of Prison</a></li>
<li><a href="https://zero.pindula.co.zw/luke-malaba-no-longer-chief-justice-high-court/" rel="noopener" target="_blank">Luke Malaba No Longer Chief Justice – High Court</a></li>
</ul>
Marx Mapungu, who is being represented by lawyer Lovemore Madhuku, argued in the ConCourt application that Mnangagwa acted within the law in renewing the chief justice’s term. The application read in part:
<blockquote>I am making this application in terms of section 175 (3) of the constitution of Zimbabwe.
I am seeking an order varying or not confirming an order of constitutional invalidity made by the High Court of Zimbabwe in Judgement no HH264/21 handed down on May 15, 2021, by a three-member panel.
… I believe the president of Zimbabwe acted constitutionally when he accepted the medical report on the mental and physical fitness of the Honourable Justice Luke Malaba.
In so doing, the president was approving the honourable justice’s election to continue in office as chief justice for an additional five years
As a citizen, I believe the chief justice is in office in accordance with the constitution following the aforesaid acceptance by the president of the aforesaid medical report…</blockquote>
Mapungu said he decided to make an urgent application because the matter was of immense public importance and required an authoritative determination by the highest court.
He cited Zimbabwe Human Rights NGO Forum executive director Musa Kika, and the Young Lawyers’ Association of Zimbabwe, who challenged the extension of Malaba’s term, as respondents in the matter.
Meanwhile, Kika recently filed an urgent chamber application seeking Malaba’s arrest for contempt of court charges, after he reportedly turned up for work despite a court order which terminated his contract as chief justice.
On Friday, High court judges, Justices Amy Tsanga and Slyvia Chirawu-Mugombe reserved their judgement on the matter.
<h4>More: <a href="https://www.thestandard.co.zw/2021/06/06/fresh-bid-to-rescue-malaba/" rel="noopener" target="_blank">The Standard</a></h4>

ZANU PF Activist In Bid To Rescue Malaba

Chief Justice Luke Malaba has asked the High Court to dismiss an application for his arrest on contempt of court charges, arguing that he is lawfully in office.
This follows a ruling by three High Court judges on 15 May that Malaba had ceased to be a judge and Chief Justice after reaching the retirement age of 70.
Malaba returned to office arguing that the High Court ruling had been suspended by an appeal filed by Justice Minister Ziyambi Ziyambi.
This was after the Judicial Service Commission (JSC) had appointed Deputy Chief Justice Elizabeth Gwaunza to act as Chief Justice before Malaba’s dramatic comeback.
Lawyers for constitutional law activist Musa Kika dispute that an appeal against a declarator suspends the operation of a judgement and have asked the High Court to find him in contempt and jail him.
In his response to the contempt of court application, Malaba said:
<blockquote>Consequent to the filing of the appeals in SC130/21 and SC131/21, I’m advised that regardless of by whom the appeals were noted, the legal effect thereof was to suspend the operation of two orders relied upon by the applicant in this matter.
I, therefore, resumed my duties as the Chief Justice of Zimbabwe following the noting of an appeal by the Minister of Justice and the Attorney General on the basis of the interpretation of the law to the effect of the noting of an appeal against an order granted by this court, not only for the people but for the world at large.
My understanding is that a declaratory is an order that sets out what the law is where there is a dispute on the position of the law for future purposes of the application of that law.
It is for this reason that a declarator without consequential relief is not executable. It does not create rights or obligation. The appeal against such an order will not suspend it because it does not have an immediate effect on the rights of any person.</blockquote>
On Monday exiled former minister Jonathan Moyo claimed that the JSC was involved in illegal moves to influence a panel of three High Court judges to rule in Malaba’s favour.
Meanwhile, <a href="https://news.pindula.co.zw/2021/05/31/malaba-contempt-of-court-case-set-for-3-june/" rel="noopener" target="_blank">the High Court has set Thursday, 3 June 2021</a> as the date to hear the urgent court application seeking Malaba’s arrest for contempt of court.
<h4>More: <a href="https://www.zimlive.com/2021/06/01/malaba-fights-to-stay-out-of-jail-amid-claims-of-undue-influence-on-judges/" rel="noopener" target="_blank">ZimLive.com</a></h4>

Chief Justice Luke Malaba Fights To Stay Out Of Prison

The High Court has set Thursday, 3 June 2021 as the date to hear the Forum’s urgent court application seeking former Chief Justice Luke Malaba’s arrest for contempt of court.
Mr Malaba has reportedly been attending to official duties as the Chief Justice despite a High Court ruling that he ceased to be in that role when he attained the age of retirement on 15 May 2021.
Malaba and the Judicial Service Commission argue that the former can attend to duties because the government lodged an appeal against the ruling.
However, the Forum insists that the High Court judgment is a declaratur and for that reason cannot be suspended by an appeal.
<hr/>
<h3>Zimbabwe Human Rights NGO Forum</h3>

Malaba Contempt Of Court Case Set For 3 June

Seventeen (17) Supreme Court and Constitutional Court judges Friday made an appeal against a High Court ruling that nullified the extension of Chief Justice Luke Malaba’s term of office. The appeal, at the Supreme Court, disqualifies the same judges from hearing their own matter. Pindula News presents below the list of the 17 judges that made the appeal.
<blockquote>
<ol>
<li>THE CHIEF JUSTICE OF ZIMBABWE HONOURABLE <a href="https://www.pindula.co.zw/Luke_Malaba">LUKE MALABA</a></li>
<li>ELIZABETH GWAUNZA</li>
<li>PADDINGTON GARWE</li>
<li>RITA MAKARAU</li>
<li>ANNE-MARY GOWORA</li>
<li>BEN HLATSHWAYO</li>
<li>BHARAT PATEL</li>
<li>ANTONIA GUVAVA</li>
<li>SUSAN MAVANGIRA</li>
<li>CHINEMBIRI ENERGY BHUNU</li>
<li>TENDAI UCHENA</li>
<li>NICHOLAS MATHONSI</li>
<li>CHARLES HUNGWE</li>
<li>FELISTAS CHATUKUTA</li>
<li>ALFAS CHITAKUNYE</li>
<li>SAMUEL KUDYA</li>
<li>LAVENDER MAKONI</li>
</ol>
</blockquote>
They argue that the High Court had no power, authority or jurisdiction to set aside or otherwise curtail or challenge the exercise of either legislative power or executive authority by the Legislature and the Presidency respectively in the circumstances, and
<blockquote>3.5. The Court a quo does not have the jurisdiction to issue a determination whose effect is to impugn the conduct of the Parliament and or the President of Zimbabwe.
4. The Court a quo erred at law in failing to uphold the objection in limine to the effect that since no leave had been obtained by the 1st Respondent to sue the 2nd to 18th Appellants in the Court a quo the 1st Respondent was not property before the Court aquo and in so doing the Court aquo failed to give effect to the bar operating against the 1st Respondent arising from the peremptory provisions of Rule 18 of the High Court Rules.
5 The Court a quo erred and misdirected itself at law in failing to find, as it should have, that the tenure of the 1st Appellant as a Judge of the Constitutional Court of Zimbabwe and as the Honorable Chief Justice of Zimbabwe had not reached the maximum 15 year period allowed by Section 186(2) of the Constitution of Zimbabwe and therefore had not been extended by virtue of the Constitution of Zimbabwe Amendment No.2 Act 2021.
6. The Court a quo erred and misdirected itself at law in failing to find, as it should have, that the continuation in office of the Chief Justice, Deputy Chief Justice and Judges of the Constitutional and Supreme Courts beyond the age of 70 years was lawful and did not amount to an extension of the term of office, and consequently did not trigger the operation of Section 328(7) of the Constitution of Zimbabwe.
7. The Court a quo erred and misdirected itself at law on finding that the Appellant ceased to be Chief Justice of the Republic of Zimbabwe on 15 May 2021 at 00 00 hours on the circumstances of the case and more particularly when on the facts, the 2nd Appellant had lawfully elected to continue as Honorable Chief Justice of Zimbabwe and the President of Zimbabwe had accepted the said election as provided for by section 188 (1) of the Constitution of Zimbabwe as Amended by Constitution of Zimbabwe Amendment (No 2) Act 2021.</blockquote>
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E2eGPXYXoAAdxbd?format=jpg&amp;name=small"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E2eGQNxWUAMrf--?format=jpg&amp;name=small"/>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case

Scores of ZANU PF youths on motorbikes have invaded a farm owned by war veteran and businessman Frederick Mutanda in retaliation for his court application challenging the extension of Luke Malaba’s term as Chief Justice by President Emmerson Mnangagwa, ZimLive reports.
Mutanda said he had counted 25 motorbikes and four vehicles after the youths sent from Harare – camped on his farm in Mutorashanga, Mashonaland West province. He said:
<blockquote>I got a call from the police on Tuesday morning informing me of an imminent invasion of my farm by party (ZANU PF) youths from Harare.
The youths claimed that I’m anti-government. I left them at the farm yesterday (Wednesday).</blockquote>
On 11 May, Mutanda joined the Young Lawyers Association of Zimbabwe in suing the Judicial Service Commission, Malaba and the Attorney General after Mnangagwa purported to extend the Chief Justice’s term by five years past the retirement age of 70. In an affidavit, Mutanda said:
<blockquote>With great respect, I am disappointed that more than 41 years ago as a teenager, I together with other comrades suspended the enjoyment of our youth and went into the armed struggle voluntarily to fight oppression.
I envisaged a country in which every citizen would enjoy the fruits of the liberation war.
The Constitution before its amendment is such fruit, yet the older generation is not opening opportunities for those for who we fought the liberation war. This is most regrettable, it must be corrected.</blockquote>
The High Court on 15 May ruled that a term limit extension for senior judges under a constitutional amendment that had been rushed through parliament cannot benefit an incumbent.
The three-judge panel ruled that Malaba had therefore ceased to be Chief Justice and a judge when he reached the age of 70 on the same day.
The government is appealing the High Court decision.
<h4>More: <a href="https://www.zimlive.com/2021/05/27/zanu-pf-youths-on-motorbikes-invade-freddy-mutandas-farm-over-malaba/" rel="noopener" target="_blank">ZimLive.com</a></h4>

War Veteran Who Challenged Malaba Tenure Extension On Verge Of Losing Farm

The former Chief Justice Luke Malaba has returned to work following the noting of appeal by the Government challenging the High Court decision nullifying the extension of his tenure.
On Monday, Judicial Service Commission Secretary Walter Chikwanha confirmed that Malaba was back at work and executing his judicial functions. Said Chikwanha:
<blockquote>Chief Justice Malaba has always been at work since the day the Government filed a notice of appeal against the High Court’s decision.
It’s by operation of the law. Once the appeal was filed, the High Court order was in effect suspended until the determination of the appeal.</blockquote>
This comes after Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and Attorney-General Advocate Prince Machaya last week separately filed their notices of appeal against an urgent High Court judgment made on 15 May.
They are challenging the High Court decision to annul the extension of Malaba’s service beyond the age of 70.
High Court judges Justices Happias Zhou, Edith Mushore and Jester Charewa ruled that the recent Constitutional Amendment allowing judges, including the Chief Justice, the option of serving to 75, could not include sitting judges of the Constitutional and Supreme Courts but did include sitting judges of the High Court.
Deputy Chief Justice Elizabeth Gwaunza who had assumed the position of acting Chief Justice reverts to her position as Malaba’s deputy.
<h4>More: <a href="https://www.herald.co.zw/chief-justice-malaba-back-in-office/" rel="noopener" target="_blank">The Herald</a></h4>

JSC Speaks On Luke Malaba Resumption Of Duties

The MDC Alliance welcomes the recent ruling by a panel of three Judges of the High Court on the unlawfulness of the purported extension of former Chief Justice Malaba’s tenure as Head of the Judiciary.
We believe in the ideals of constitutionalism, the rule of law, separation of powers, judicial independence and good governance.
These values are not negotiable as they serve to deepen our democracy. It was important for the High Court to uphold them.
However, we are extremely concerned that the Executive in general and the Minister of Justice, Legal and Parliamentary Affairs in particular, saw it fit to issue an intemperate and contemptuous statement against the judges who presided over this important matter, civic society and the MDC Alliance.
We call upon the Minister to retract and apologize for his unfounded allegations and for scandalizing the court.
We further demand that he be held to account for his unethical and dangerous remarks that threaten the independence of the judiciary and the constitutional right to protection of the law.
We believe that the undue haste with which the Constitutional Amendment Bills were handled is an indication that they were intended to achieve a sinister objective that does not enhance our democracy.
Rather, the amendments undo the will of the people as expressed in a nationwide referendum and the painstaking work that led to the crafting of our Constitution.
Respect for the will of the people demands that any process of amendment must be consultative and inclusive as opposed to the unilateralism that has been exhibited by the Minister of Justice and the Executive.
It is our respectful view that the Constitutional Amendments are fraught with illegalities, which illegalities were pointed out by our MPs in Parliament and by a number of citizens during the public hearing process. The people’s right to be heard must be respected.
We reiterate that it is imperative for laws to be aligned to the Constitution as opposed to the unlawful attempts to change the supreme law, notwithstanding the overwhelming opposition to this process.
The Constitution is the Supreme Law of the land that binds everyone and in line with our People’s Agenda, we re-affirm the citizens’ collective obligation to defend it.
Innocent Gonese 
Secretary for Justice and Legal Affairs

MDC-A Statement On High Court Ruling On Chief Justice Malaba Tenure

Former Education Minister David Coltart, who is the MDC-Alliance treasurer-general, says mere statements by State actors cannot resolve the “current Constitutional crisis”.
Coltart said this after President Emmerson Mnangagwa said his government respects the independence of Zimbabwe’s judiciary.
Posting on Twitter this Wednesday, Coltart said Mnangagwa has to do at least three things to show that he means what he said.
Mnangagwa has to fire Justice Minister Ziyambi Ziyambi, accept that there is a constitutional crisis in Zimbabwe, and introduce legislation to reverse Constitutional Amendments 1 and 2. <a href="https://twitter.com/DavidColtart/status/1394884769285083136" rel="noopener" target="_blank">Wrote Coltart:</a>
<blockquote>I am afraid that the current Constitutional crisis will not be resolved by mere words. It needs actions to prove that the Constitution will be respected and the independence of the Judiciary respected. These actions include…
Firing the Minister of Justice for his intemperate remarks which have greatly damaged the independence &amp; integrity of the judiciary;
Accept that there is a Constitutional crisis – an imbroglio- which can only be resolved if the attempt to foist Judge Malaba as Chief Justice is abandoned;
Accept that both Constitutional Amendments 1 &amp; 2 have undermined the independence of the Judiciary &amp; resolve that by introducing legislation to reverse these amendments, to restore the status quo ante.
If this action isn’t taken the statement issued about the independence of the Judiciary will simply be viewed as smoke and mirrors.</blockquote>
Yesterday, Mnangagwa said his administration respected the decision on former Chief Justice Luke Malaba’s case made by the High Court on Saturday.
This was after Ziyambi had threatened unspecified action on three High Court judges – Justices Happias Zhou, Jester Helena Charehwa and Edith Mushore – who ruled against the extension of the former Chief Justice’s term of office by five years.

Fire Ziyambi And Repeal Constitutional Amendments 1 & 2 - Coltart Tells ED

President Emmerson Mnangagwa said that his government respected the decision on former Chief Justice Luke Malaba’s case made by the High Court on Saturday.
In a tweet on Tuesday night, Mnangagwa said the administration respects the independence of the country’s judiciary, hence, every citizen should respect court rulings. He wrote:
<blockquote>In Zimbabwe, the independence of our judiciary is vital to the survival of our democracy. When our courts speak, all Zimbabweans should listen.
The Government of Zimbabwe wholeheartedly respects the independence of our judiciary.</blockquote>
<blockquote class="twitter-tweet">
In Zimbabwe, the independence of our judiciary is vital to the survival of our democracy. When our courts speak, all Zimbabweans should listen.
The Government or Zimbabwe wholeheartedly respects the independence of our judiciary.
— President of Zimbabwe (@edmnangagwa) <a href="https://twitter.com/edmnangagwa/status/1394725719218036736?ref_src=twsrc%5Etfw">May 18, 2021</a></blockquote>
<script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script>
This comes after Justice Minister Ziyambi Ziyambi had threatened unspecified action on the three judges who ruled against the extension of the former Chief Justice’s term of office by five years.
A few hours after the ruling was delivered on Saturday, Ziyambi accused the three High Court judges – Justices Happias Zhou, Jester Helena Charehwa and Edith Mushore of being captured by foreign forces.
Meanwhile, Ziyambi and Attorney-General Prince Machaya on Monday appealed the High Court ruling at the Supreme Court.
Responding to President Mnangagwa’s tweet, European Union (EU) Ambassador to Zimbabwe Timo Olkkonen said they welcomed the statement by the Zimbabwean leader. <a href="https://twitter.com/TimoOlkkonen/status/1394934167348068354" rel="noopener" target="_blank">He commented:</a>
<blockquote>A very welcome statement by H.E. @edmnangagwa EU has a long-standing collaboration with state justice institutions and law-based civil society organisations in Zimbabwe with the shared objective of strengthening the rule of law and increasing access to justice for all.
The EU supports the alignment of laws to the Constitution, strengthening the representative, oversight and legislative role of Parliament, supporting the provision of legal aid to people in vulnerable situations and enhancing the efficiency and effectiveness of the judiciary.
Our approach is holistic: we have worked with the Judiciary, Parliament, the Ministry of Justice, the Judicial Service Commission, Civil society organisations, Law Schools and the legal profession.
ll EU support to the justice sector aims to assist in effective &amp; consistent implementation of the principles of constitutionalism &amp; to provide support to all branches of government to fulfil their constitutional obligation to respect and protect the independence of the judiciary.</blockquote>

Mnangagwa Speaks On Chief Justice Judgement

The High Court of Zimbabwe on Saturday nullified President Emmerson Mnangagwa’s decision to extend the tenure of the country’s chief justice by another five years.
High Court Judges Justice Jester Charewa, Justice Happias Zhou and Justice Edith Mushore ruled that the move to extend Luke Malaba’s tenure was illegal as it violated the constitution.
The judges ruled that Luke Malaba ceased being chief justice at midnight on Friday due to his age.
Delivering a summary of the judgement on Saturday afternoon, Justice Happis Zhou said:
<blockquote>In view of the decision that we have reached, Honourable Malaba ceased being a judge and Chief Justice at 0000hrs on 15 May 2021.</blockquote>
The ruling by three judges came after the Young Lawyers Association of Zimbabwe (YLAZ) challenged the move to extend Malaba’s time in office by another five years.
The court said a constitutional amendment that raised the retirement age of Constitutional and Supreme Court judges to 75 from 70 should have gone to a referendum to become a valid law.
Malaba turned 70 on Saturday.
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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.
This came after Mnangagwa had signed into law Zimbabwe Constitution Amendment Bill No.2 which critics argued was meant to benefit Malaba and give the president imperial powers.
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Luke Malaba No Longer Chief Justice - High Court

The High Court will this Saturday deliver its ruling in a matter in which the Young Lawyers Association of Zimbabwe (YLAZ) are challenging President Emmerson Mnangagwa’s extension of Chief Justice Malaba’s term of office.
YLAZ are also challenging the legality of the Zimbabwe Constitution Amendment Act (Number 2).
Frederick Mutanda, a liberation war veteran, filed an urgent chamber application at Harare High Court seeking an order to stop Chief Justice Luke Malaba from continuing as the head of the Constitutional Court.
High Court Judges Justice Jester Charewa, Justice Happias Zhou and Justice Edith Mushore are presiding over the case.
The court adjourned for a couple of hours as Minister Ziyambi Ziyambi and the Judicial Service Commission attempted to stop the judges, particularly Zhou, from handling the case.
In the application filed by Honey &amp; Blanckenberg Legal Practitioners, YLAZ and Mutanda argued that Chief Justice Malaba ought not to benefit from the term extension provisions as introduced by the amendment of the Constitution since he has served 15 years as a Judge of the Constitutional Court.
YLAZ and Mutanda want the High Court to declare that in failing to activate the provisions of section 180 of the Constitution diligently and without delay, the Judicial Service Commission (JSC) violated section 324 of the Constitution.
They also want Chief Justice Malaba not to benefit from the term limit extension as introduced by an amendment of section 186 of the Constitution and for him to vacate office as the chief justice at midnight on May 15, 2021.
In the alternative, YLAZ and Mutanda want section 14 of Constitution of Zimbabwe Amendment (No.2) Act, 2021, to be declared invalid for violating section 56(3) of the Constitution and be struck down.
<h4>More: <a href="https://www.voazimbabwe.com/a/zimbabwe-judgement-luke-malaba-case-set-for-saturday/5891565.html" rel="noopener" target="_blank">VOA News</a></h4>

Judgment In CJ Malaba's Office Term Extension Case Set For Saturday

Chief Secretary to the President and Cabinet Dr Misheck Sibanda has written to <a href="https://www.pindula.co.zw/Luke_Malaba">Chief Justice Malaba</a> advising him that President Mnangagwa had extended his term of office.
Malaba was set to retire on the 15th of this May when he reaches 70 years.
<blockquote>11 May 2021 
THE HONOURABLE MR. JUSTICE L. 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 L. 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 proof of 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 terms 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 additional period of five (5) years from 16 May 2021.</blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/president-mnangagwa-extends-cj-malabas-term-of-office/">President Mnangagwa Extends CJ Malaba’s Term Of Office</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

FULL TEXT: Chief Justice Luke Malaba Term Extension

President Emmerson Mnangagwa has extended Chief Justice Luke Malaba’s term of office by an additional five years after his medical report proved that he is still mentally and physically fit to continue in the esteemed judicial office.
Chief Secretary to the President and Cabinet Dr Misheck Sibanda has written to <a href="https://www.pindula.co.zw/Luke_Malaba">Chief Justice Malaba</a> advising him that President Mnangagwa has accepted his election to continue in the office of Chief Justice beyond 70 years for an additional five years.
Judicial Service Commission (JSC) secretary Mr Walter Chikwana confirmed the latest development to The Herald.
Chief Justice Malaba became head of the judiciary following his appointment as the country’s Chief Justice on March 27 2017, having been Acting Chief Justice since March 1 2016 following the retirement of the late Chief Justice Godfrey Chidyausiku.
Meanwhile, a number of people and institutions have approached the courts in a bid to challenge the extension of Malaba’s term of office saying the move was illegal as per the 2013 Constitution.
Malaba’s term of office is extended only days after <a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">president Mnangagwa signed into law the Constitutional Amendment Bill No. 2</a> which among other things gives the president authority to make key judicial appointments.
<a href="https://news.pindula.co.zw/2021/04/30/prominent-lawyer-beatrice-mtetwa-speaks-on-constitutional-amendment-bill-no-2/">The Bill faced resistance from stakeholders</a> who viewed it as a slap in the face of democracy since the masses had voted for the 2013 Constitution.
They viewed it as a way to ensure that Mnangagwa extends Malaba’s term of office beyond the 15th of this May when he was supposed to retire as he would have reached 70 years.

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/08/police-stall-probe-into-2018-crash-involving-cj-malabas-vehicle/">Police Stall Probe Into 2018 Crash Involving CJ Malaba’s Vehicle</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/02/13/luke-malaba-who-is-due-for-retirement-in-may-wants-constitution-amended-to-accommodate-him-report/">Luke Malaba Who Is Due For Retirement In May Wants The Constitution Amended To Accommodate Him – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/11/11/justice-ndewere-asks-ed-to-investigate-chief-justice-malaba/">Justice Ndewere Asks ED To Investigate Chief Justice Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/lawyers-fume-after-malaba-sat-on-an-appeal-against-his-ruling/">Lawyers Fume After Malaba Sat On Appeal Against His Ruling</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/the-judiciary-is-not-captured-ziyambi-defends-malaba/">The Judiciary Is Not Captured – Ziyambi Defends Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>; <a href="https://www.herald.co.zw/chief-justice-malabas-term-extended-by-5-years/?__cf_chl_captcha_tk__=a77612f9537a9b163cd3201361c1408e068581c0-1620825753-0-AbH2f9LNb289EfX5TBLz469qzijX2Te7NIpIv0d5s_hc29Wwbo7PE6pZrgZYNmHYiJZnC5lvwP2OD11EZbDy3SAGwK8VzUFVg4oqBttuK-3LjI9vD6gGzW3OP55lCpYOMGXBlPDijfKnVNosugjv0GjSe1M0vCPFDRVGpGsSDBk3-5lwwiyMp3O11srpoK-0I8PPn2W1_GEMkWszHWy1MF4mGSA766u1qFXOJDlEFnWikYFBpkciaqUKTLWnVwsn-PdXiLHtpy3bHNzdZ1-Ugys3GSVDv9agrcJlKFy7K5-qfjVW33O_hNpRQXIAAv_Ur066-g3jHpctvX561bbwYLH1-qjVwapmIfJAQ2T8DNWzEa7q6g8IkW8PBIeCnvXYWMfkGlWWqBgbwTCFXMF3zUplI3zPiF9H8MDEjWI1Jp8MQeWwFPt2_EbwzhZ8wB26J56NdiuOQUx6lSPUCH8RytBRZ1-bCYF0BJmljBj8Zltks2nQxcH1PmZwgNCoxFnINz1whaQ33Q62AwCv4Rx4oUPKDDUsWTuLtq5ZshJGxNcd0OVfVUYVD5Pvl8jBbYgvQiKAD1uObbrP9ZQ-x9NqOpK4XpTJmZBVjNHVok1RtaIsplQlB4SCc_cmvaO9wv0z2QwVr57N1qho4vjqv3K2LVjeN2mAmS2BjzJWb2SpFSkqqDCGQRaVGN_naNykbbhVmQ">The Herald</a>

President Mnangagwa Extends CJ Malaba's Term Of Office

Zimbabwe Human Rights NGO Forum Executive Director, Musa Kika, has filed an urgent chamber application challenging the attempt to extend Chief Justice Luke Malaba’s tenure beyond 15 May 2021. We present the Forum’s statement on the court application below.
<blockquote>The Forum’s Executive Director, Dr Musa Kika has approached the High Court on an urgent basis seeking to bar the extension of the term of office of the outgoing Chief Justice Luke Malaba, under the recently passed <a href="https://www.pindula.co.zw/Constitutional_Amendment_Bill_No.2">Constitution of Zimbabwe Amendment (No. 2) Act</a> which was signed into law by President Mnangagwa on 7 May 2021. Malaba turns 70 on 15 May 2021 and is due to go on retirement in terms of the provisions of the original 2013 Constitution. Kika argues that the provisions under which Malaba would benefit from, which were introduced in terms of an amendment to Section 328(7) of the Constitution, would allow the Chief Justice, his deputy, Justice Elizabeth Gwaunza as well as Constitutional Court and Supreme Court judges to have their terms of office extended by the President on production of a medical certificate confirming that such a judge would be fit enough to continue on the bench.
Section 328 requires the holding of a referendum where an amendment Bill seeks to amend a term-limiting provision. Section 328(7) also makes it clear that any amendment to a term-limit provision does not apply to any person who held or occupied that office at the time before the amendment. Kika has also cited as respondents all the Constitutional Court and Supreme Court.
Kika is seeking to have any purported extension of Malaba’s term of office after 15 May 2021 to be null and void and that anything Malaba attempts to do after 15 May 2021 be equally declared to be null and void. Pending the appointment of a substantive Chief Justice to replace Malaba, Kika seeks to have the current Deputy Chief Justice Elizabeth Gwaunza fill in the vacancy in an acting capacity while the third most senior judge, Paddington Garwe, becomes the Acting Deputy Chief Justice. Kika, who is represented by the Zimbabwe Human Rights NGO Forum where he is the Executive Director, has filed this application in his personal capacity.</blockquote>

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/08/chief-justice-malabas-tenure-set-to-be-extended-next-week/">Chief Justice Malaba’s Tenure Set To Be Extended Next Week</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/10/mnangagwa-wants-malaba-to-stay-beyond-15-may-report/">Mnangagwa Wants Malaba To Stay Beyond 15 May – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/02/13/luke-malaba-who-is-due-for-retirement-in-may-wants-constitution-amended-to-accommodate-him-report/">Luke Malaba Who Is Due For Retirement In May Wants The Constitution Amended To Accommodate Him – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/30/prominent-lawyer-beatrice-mtetwa-speaks-on-constitutional-amendment-bill-no-2/">Prominent Lawyer Beatrice Mtetwa Speaks On Constitutional Amendment Bill No. 2</a></li>
</ol>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

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