Zimbabwe’s High Court dealt a blow to President Emmerson Mnangagwa, ruling his decision to extend Chief Justice Luke Malaba’s tenure by five years was invalid because it breached the constitution.
The Judicial Service Commission (JSC), which employs all judges, said the decision means that Deputy Chief Justice Elizabeth Gwaunza becomes acting chief justice pending the outcome of an appeal.
The outcome is a setback to Mr Mnangagwa, whose ruling party also changed the constitution to allow him to appoint senior judges without going through a public vetting process.
The opposition has accused Mr Mnangagwa of seeking to influence the judiciary, charges the president denies.
Lawyers had challenged a constitutional amendment that raised the retirement age of Constitutional and Supreme Court judges to 75 from 70, which allowed Mr Mnangagwa to extend Mr Malaba’s term of office by another five years.
The three High Court judges ruled that Mr Malaba, who turned 70 on Saturday, had ceased being chief justice due to his age.
“In view of the decision that we have reached, Hon. Malaba ceased being a judge and chief justice on May 15,’’ the judges said in a ruling.
The court said the constitutional amendment should have gone to a referendum before becoming a valid law.
It also said that under Zimbabwe’s constitution, incumbent judges could not benefit from a term extension.
“It’s a judgement that protects the constitution,’’ said Tendai Biti, an opposition leader and lawyer who argued the case in court.
The JSC said it, as well as Justice Minister Ziyambi Ziyambi, would appeal the court’s decision.
Mr Mnangagwa’s spokesman, George Charamba, said in a Twitter post “Enjoy while it lasts! We are fighters, trust us!’’
Some legal experts say an appeal could lead to a conflict as the Supreme Court judges were also cited in the court challenge.
Support PREMIUM TIMES' journalism of integrity and credibility
Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.
For continued free access to the best investigative journalism in the country we ask you to consider making a modest support to this noble endeavour.
By contributing to PREMIUM TIMES, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
TEXT AD: To advertise here . Call Willie +2347088095401...