The Constitutional Court (ConCourt) has overturned a High Court order issued July this year declaring the extension of Chief Justice Luke Malaba’s term of office beyond his retirement age of 70 by President Emmerson Mnangagwa was unconstitutional.
This means Malaba can stay on for the next five years as the country’s topmost judge.
The July ruling by High Court judges Happias Zhou, Edith Mushore and Jester Charehwa came after the Young Lawyers Association of Zimbabwe had made an application at the top court challenging the extension.
However, a Bulawayo man, Marx Mupungu (30) filed his own challenge seeking an order to overturn the High Court ruling.
Mupungu was represented by Madhuku’s law firm.
He had listed as respondents Justice Minister Ziyambi Ziyambi, the Judicial Service Commission, Musa Kika, the Young Lawyers Association of Zimbabwe, Fredrick Charles Moses Mutanda, Attorney General Prince Machaya and President Mnangagwa as first to seventh respondents respectively.
With the question of his extended term of office now done and dusted, Malaba’s services are most likely to come in handy should there be another disputed elections in 2023.
Malaba is viewed as a close ally to Mnangagwa, whose 2018 poll victory was upheld by the judge after being challenged in the ConCourt by arch-rival Nelson Chamisa of MDC Alliance.