Difference between revisions of "Alphas Chitakunye"

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*When asked by then Deputy Chief Justice [[Luke Malaba]] if he understood the " principle of collegiality" and "the doctrine of stare decisis " <ref>{{cite web |author = Cyril Zenda|date = October 6, 2016 |title = The day the judges went on trial |work = Financial Gazette |publisher = ANZ |url = http://www.financialgazette.co.zw/the-day-the-judges-went-on-trial/ |accessdate = July 6, 2017 |quote = }}</ref>Chitakunye said no.
 
*When asked by then Deputy Chief Justice [[Luke Malaba]] if he understood the " principle of collegiality" and "the doctrine of stare decisis " <ref>{{cite web |author = Cyril Zenda|date = October 6, 2016 |title = The day the judges went on trial |work = Financial Gazette |publisher = ANZ |url = http://www.financialgazette.co.zw/the-day-the-judges-went-on-trial/ |accessdate = July 6, 2017 |quote = }}</ref>Chitakunye said no.
 
 
 
 
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==Early Career==
 
Malaba got his law degrees in 1974 from the University of Warwick and in 1982 from the University of Zimbabwe.  He spent 3 years as a public prosecutor in Bulawayo[1981 -1984 ], before beginning his career as a magistrate in 1984 at Masvingo.  Malaba rose steadily through the ranks of the magistracy and attained the rank of a regional magistrate in 1990.  He was appointed as a judge of the High Court in 1994. He served as a Judge of the Bulawayo High Court from 1994 to 2001. He was elevated to the Supreme Court in August 2001 and became the country's first  Deputy Chief Justice in 2008.<ref name="Magaisa1">Alex Magaisa,[http://www.bigsr.co.uk/single-post/2016/12/03/The-Big-Saturday-Read-The-law-and-politics-of-selecting-Zimbabwe%E2%80%99s-new-Chief-Justice  The Big Saturday Read: The law and politics of selecting Zimbabwe’s new Chief Justice], ''Big Saturday Read  , Published: December 03, 2016  , Retrieved: December 03 2016''</ref>Justice Malaba has also held an appointment as a judge of the COMESA Court of Justice.<ref name="Veritas">[http://veritaszim.net/node/1900  Court Watch 2016 - 12th December Public Interviews for Four Chief Justice Candidates], '' Published: November 09, 2016  , Retrieved: December 03 2016''</ref>
 
 
==Notable Cases==
 
 
 
In a 2013 case in which [[Jealousy Mawarire]] sued President Mugabe compelling him to set the date for the election. The majority ruled in favour of Mawarire’s application, which ensured that elections were held by July 31, 2013. Malaba was one of only two dissenters together with Justice Patel.<ref name="Magaisa1"/><br/><br/>
 
 
After Mike Campbell and a group of white farmers had taken their case to the SADC Tribunal and won in the case Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe, they sought to enforce the orders in Zimbabwe. The SADC Tribunal had ruled that the land reform process was unlawful and a violation of the rule of law. Writing for the Supreme Court in the case, Malaba dismissed the farmers’ application, holding that the SADC Tribunal had no jurisdiction over the matter and that the Supreme Court was not obliged to comply with or enforce the orders of the Tribunal.<ref name="Magaisa1"/><br/><br/>
 
 
Malaba also wrote the judgment in the case where citizens were challenging [[Zimbabwe Broadcasting Cooperation|ZBC's]] powers to levy the licence fee. He ruled that ZBC’s powers were not unlawful.<ref name="Magaisa1"/><br/><br/>
 
 
In Marimo and Another v Minister of Justice, Legal and Parliamentary Affairs and Others (2006) ZWSC 60 the important question was whether [[Godfrey Chidyausiku | Chief Justice Chidyausiku’s]] power to appoint judges of the Electoral Court under the Electoral Act was constitutional. Section 162 of the Electoral Act empowered the Chief Justice to appoint judges of the Electoral Court. Following that provision after the 2005 elections, Chidyausiku had handpicked judges but this was challenged by the losing MDC candidates on the grounds that the Electoral Court was a special court and judges had to be appointed in accordance with the provisions for appointing judges.<ref name="Magaisa1"/>
 
 
Malaba ruled that this was improper and unconstitutional. Malaba ruled that section 162 of the Electoral Act was inconsistent with the Constitution and declared it invalid and held that Chidyausiku’s act of appointing judges on its terms was invalid.  In passing judgment Malaba said:<ref name="Magaisa1"/><br/><br/>
 
 
<blockquote>It must follow, that as the judges were not validly appointed, they had no authority to exercise the judicial power of the Electoral Court at the time they purported to hear and determine the election petitions. In other words, the court in which they sat was not properly constituted and was not a court “established by law.” There was a violation of the right guaranteed to the applicants under s 18(9) of the Constitution.”<ref name="Magaisa1"/><br/><br/></blockquote>
 
 
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Latest revision as of 10:37, 24 June 2018

Justice

Alphas Chitakunye
Photo of Alphas Chitakunye
Judge
Appointed byPresident Robert Mugabe

Alphas Chitakunye is a Zimbabwean lawyer and a judge of the High Court of Zimbabwe. He was appointed by President Robert Mugabe in July 2013. Before his appointment as a High Court judge, Chitakunye served as an Administrative Court Judge. He was appointed to the Administrative Court on 2000. [1]

Notable Cases

Controversy

  • In 2016, When the Judicial Services Commission (JSC) was conducting interviews for four positions of judges of the Supreme Court of Zimbabwe, and was reviewing cases in the three year period between 2013 and 2015, Chitakunye was found to have produced only 69 judgments compared to the highest figure of 333 delivered by another judge during the same period. He hardly wrote any judgements (a requirement for a Supreme Court judge) and claimed that he had his own peculiar way of solving the cases without going the judgment route. [2]


  • When asked by then Deputy Chief Justice Luke Malaba if he understood the " principle of collegiality" and "the doctrine of stare decisis " [3]Chitakunye said no.


References

  1. "High Court Judges". Judicial Services Commission. Retrieved July 11, 2017.
  2. Cyril Zenda (October 6, 2016). "The day the judges went on trial". Financial Gazette. ANZ. Retrieved July 6, 2017.
  3. Cyril Zenda (October 6, 2016). "The day the judges went on trial". Financial Gazette. ANZ. Retrieved July 6, 2017.