Chief Justice Luke Malaba was criticized for dismissing an opposition petition seeking to overturn the 2013 election results, accusing it of ruling in favor of President Emerson Mnangagwa.
Zimbabwe’s President Emerson Mannagwa has extended the term of Chief Justice Luke Malabar by five years after controversial changes to the constitution were challenged in court by lawyers.
Malabagh has faced criticism for dismissing an anti-petition that has been leveled at Monnagbar, allegedly to invalidate the results of the 2013 presidential election.
On Saturday he will retire at the age of 70, but the ruling Janu-PF party in Managua has used its majority in parliament to amend the constitution, with the president extending the retirement age of senior judges by five years if they prove they are in good health.
In a statement, the chief secretary of the cabinet said that Mannagwa had received a medical report from Malabar stating that the chief justice had “mental and physical well-being to continue in that office”.
Proponents of her case have been working to make the actual transcript of this statement available online. Proponents of her case have been working to make the actual transcript of this statement available online.
They argued that a referendum was required to change the term limit under the Constitution and that Agatras would not benefit from such changes. But the government says it has only changed the retirement age and therefore did not violate the apex law.
The High Court will hear preliminary arguments in the case before setting a date for a full hearing on Friday.
In court documents, lawyers cited the Minister of Justice, Malaba, and 116 judges of the Constitutional and Supreme Courts as accountable for the case. The judges opposed the court’s challenge.
Some legal experts say Zimbabwe could be heading for a constitutional crisis. If the High Court dismisses the case and the lawyers appeal, they will have to face the same judges in their court challenge.