NGO boss seeks prison term for Malaba
RYAN CHIGOCHE
The Zimbabwe Human Rights NGO Forum executive director, Musa Kika, has lodged an urgent court application at the High Court, seeking an order to stop Justice Luke Malaba from continuing as a judge and the chief justice for Zimbabwe after he reached the age of 70.
Kika is also seeking a ZWL$1m fine and committal of Justice Malaba to Chikurubi prison for six months for defying a High Court order.
The High Court judges, Justices Happias Zhou, Edith Mushore and Jester Charewa, declared that Malaba’s tenure came to an end on May 15, 2021.
The Judicial Services Commission appointed deputy Chief Justice, Elizabeth Gwaunza as acting Chief Justice.
But, Malaba defied the High Court order by reporting back to work on May 24, 2021 and started exercising the functions of Chief Justice.
Last week, the Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi and Attorney General Prince Machaya appealed, challenging the High Court decision to annul the extension of Justice Malaba’s service beyond 70 years on the grounds that the recent Constitutional amendment allowing judges , including the Chief Justice , the option of serving to 75 could not include sitting judges of the Constitutional and Supreme courts.
“However, in complete defiance of this order the former chief justice presented himself at his office on May 24, 2021. He must be ordered to pay a fine in the sum of ZWL$ 1m, and he be committed to Chikurubi Prison for a period of six months all of which is suspended on the grounds that he shall forthwith and immediately after service upon him of this order cease and desist from exercising the functions of the Chief Justice of Zimbabwe either in a Judicial or administrative capacity,” part of Kika’s application reads.
The applicant also asked Malaba and all respondents to file their opposing papers within three days, since it is a matter of urgency.
