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The Movement for Democratic Change (MDC), led by Senator Douglas Mwonzora, has asserted that the Zimbabwe Electoral Commission (ZEC) lacks the authority to compel their party’s participation in the upcoming 2023 harmonized election, which the MDC alleges to be fraudulent. Senator Mwonzora withdrew from the presidential race due to concerns regarding the mishandling of the electoral process by the ZEC. He expressed discontent with the ZEC’s decision to exclude 87 MDC candidates for Members of Parliament, perceiving it as an act of political discrimination.
Subsequently, the ZEC promptly issued a statement clarifying that a presidential candidate has the option to withdraw from the race by providing written notification to the Chief Elections Officer of the ZEC, 21 days prior to the polling day. This announcement was widely interpreted as implying that the ZEC had already printed the ballot papers, with Mwonzora’s name included despite his withdrawal. Conversely, presidential aspirant Saviour Kasukuwere, who was disqualified from the election, does not appear on the ballot papers, despite his case still being pending before the courts. This has led to speculation that the election outcome has been predetermined.
In a statement obtained by Pindula News and dated August 11, 2023, the MDC asserts that the ZEC cannot coerce them into participating in the elections. Reads the statement:
<blockquote>
<h3>ZEC Can’t Force Us to Participate in a Fraudulent Election</h3>
The Zimbabwe Electoral Commission (ZEC) issued a statement that our Presidential candidate cannot withdraw his candidature. In their reply to us delivered on the 9th of August 2023, ZEC stated that they cannot “remove” our candidate’s name on the ballot paper.
The impression here is that the ballot paper has already been printed. How can that be, when the case of a presidential candidate Saviour Kasukuwere was still pending in the courts? We are boycotting the election because ZEC unfairly disqualified 87 of our parliamentary candidates. Further, there has been selective application of the law against the MDC.
In cases to do with rights of candidates to participate, ZEC has always acted in favor of candidates participating. However, It has acted differently In cases involving the MDC. In fact, it has mounted spirited legal battles against the participation by MDC candidates. This is a matter of historical record. The MDC cannot accept this discrimination by an election management body.
What is clear is that ZEC is punishing the MDC for having challenged the delimitation report. It is insisting on our candidate to remain in the race because they have prematurely printed ballot papers and they know it is illegal. The MDC can never agree to be part of a farce and a sham that this election has turned out to be.
We reiterate that our President cannot be forced to take part in a process that lacks integrity. ZEC knows that it has made this election a serious and monumental fraud. 
</blockquote>
In May, Mwonzora contested the ZEC delimitation report, alleging that it favoured the ZANU PF party. However, he lost the case on a technicality when the courts ruled that Mwonzora was not affected by delimitation since his constituency encompassed the entirety of Zimbabwe. As a result, voters have the freedom to select presidential candidates regardless of their geographical location. Mwonzora sought a court declaration to invalidate the delimitation, instruct the ZEC to redo the process, and compel President Emmerson Mnangagwa to postpone setting an election date until a new delimitation report was available. If Mwonzora’s application had been granted by the Constitutional Court, the 2023 general elections would have been delayed. Chief Justice Luke Malaba argued that as a presidential candidate, Mwonzora was not impacted by constituency boundaries. Additionally, he questioned why Mwonzora, as the leader of the MDC-T, had not presented sworn affidavits from potential candidates who would have been adversely affected by the delimitation.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

MDC: ZEC Can't Force Us To Participate In A Fraudulent Election

Chief Justice Luke Malaba has affirmed the independence of Zimbabwe’s judiciary and urged judges to stand by their legal decisions, regardless of political criticism. Speaking at a Judicial Service Commission symposium in Gweru, Malaba said that judges are impartial and base their decisions solely on the rule of law.
He stressed that the judiciary is an independent branch of government whose decisions are not influenced by political interests or slogans. Malaba insisted that judges should not be swayed from making legal decisions in a particular manner, as this would be a “terrible mistake.” He added that judicial decisions are based on facts and the rule of law, and that it is essential for citizens to have confidence in the judiciary system. 
The Chief Justice also emphasised the need for judges to emphasise competence and to take personal responsibility to ensure they are professionally up to date. He challenged judges to expeditiously deliver judgments and to use the Integrated Electronic Case Management System (IECMS) to increase efficiency and remove paperwork. Malaba expressed confidence in the judges and their ability to perform their duties to the highest level. He said:
<blockquote>
Politics is for politicians and judges know no slogans. In any case, I don’t think judges know what a slogan is. We are totally apolitical, we don’t think politically but legally and to us the law is the master. Politics is for politicians no matter who they are.
I want to emphasize this because there is a mistake, a terrible mistake to think that judges must decide in a particular manner which is ridiculous.
In a constitutional democracy where the rule of law is a foundational value, you cannot speak of the rule of law without judges. You must have confidence in the judges, you put them there because you have confidence in them.
They qualify to be called judges because they are impartial. Section 164 of the Constitution of Zimbabwe specifically entrenches judicial independence and states that courts must apply the law and Constitution impartially, expeditiously and without fear, favour or prejudice.
So, I don’t believe and I don’t accept a situation where some people want to make it fashionable to criticise judges for the decisions they make. It just doesn’t make sense. You can’t do that and still want to be in a democracy. You can’t be a person who still wants to be in a democracy and still undermine the rule of law.
I am standing here to say clearly you are fully protected in your decisions, make your decisions, whatever decisions that come out and if they are legal, make them. There are channels to take when one is aggrieved.
Section 165 (7) of the Constitution is critical for us because it simply says you as a judge, a judicial officer, must take personal responsibility to ensure you are professionally up to date.
The judge must take responsibility, personal responsibility and not institutional responsibility to make sure that he or she has the requisite skill to perform at the highest level.
The standards of performance are defined by law and they are efficiencies and effectiveness of performance, expeditious performance, decisions that must come as quickly as reasonably possible.
If we don’t do what the law wants us to do, we are in breach of the law, and God forbid that judges should do that. We are the first port of call, custodians of the law and we must know the law better than anyone else.
We are the experts of the law and that is why we are the embodiment, the custodians of justice. The word ‘justice’ is just thrown around several times, but how can we have justice without judges?
I have all the confidence in the men and women I have. We are all equal, we answer to the same standards, same aspirations, we answer to the demands of the Constitution because we are judges.
As judges we should deliver judgments within six months because your job is to deliver. Your job is to dispose of disputes, to solve disputes and don’t postpone disputes because people don’t come to court for disputes to be postponed but to be resolved.
The law says your case must be finished and on time. The law says finish the matter, and judicial power is with the judge. We are there as JSC to put in place measures that will make your job easier.
My job as chairperson of JSC is to ensure that there are measures that guarantee efficiency like giving you gadgets such as laptops. Use them because in those gadgets, there are systems that we put in place to make your job easy.
</blockquote>
The Zimbabwean judiciary has faced accusations of being captured by the ruling ZANU PF party and the executive arm of government, particularly in high-profile political cases. The “lack of independence” has led to a lack of confidence in the judiciary system.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CJ Malaba Affirms Judiciary Independence, Urges Judges To Stand By Decisions

Chief Justice Luke Malaba has called for free and fair elections as the country heads for general elections scheduled for later this year.
Malaba made the call while addressing more than 200 magistrates and other stakeholders who are attending the first-ever Magistrates’ National Conference in Victoria Falls on Friday, 31 March.
He said magistrates are the protectors and the guardians of electoral freedom, fairness and human life and property. <a href="https://www.chronicle.co.zw/chief-justice-malaba-calls-for-free-and-fair-elections/">The Chronicle </a>quoted Malaba as saying:
<blockquote>
The purpose of designating magistrates with specific roles in electoral adjudication is to designate them as the protectors and guardians of electoral freedom, fairness and human life and property.
This purpose places an obligation on magistrates designated to participate in the implementation of electoral law to have an understanding of their roles and to fulfill them.
An election is a means of democratic participation enabling the aspirations of the nation to be openly presented without fear of electoral injustice, thus facilitating the assembly of these aspirations into a mutually beneficial national goal.
</blockquote>
Malaba also said immediately after an election is called, the Commissioner-General of Police, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.
He said the Judicial Service Commission (JSC) shall designate one or more magistrates in each province to try cases involving politically–motivated violence and intimidation.
Section 67 of the Constitution provides that every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; to make political choices freely, to form, to join and to participate in the activities of a political party or organisation of their choice, campaign freely and peacefully for a political party or cause, participate in peaceful political activity individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause, subject to the Constitution.
More: <a href="https://www.newsday.co.zw/local-news/article/200009522/ed-demands-re-run-in-violence-hotspots">Pindula News</a>

Magistrates Are Guardians Of Electoral Freedoms - CJ Malaba

The Judicial Service Commission (JSC) has invited members of the public to air their views on whether judges should continue wearing Judicial wigs or not.
The Zimbabwe Lawyers for Human Rights (ZLHR) recently said judges in higher courts to abandon the wearing of judicial wigs arguing that the practice is outdated and therefore irrelevant.
The lawyers said the money being used to buy the wigs could be used for other important things.
In 2019, the JSC purchased 64 of the wigs in question at a total cost of £118 400 (US$132,973.86) from UK firm Stanely Ley Legal Outfitters in London.
In a statement, the JSC said that Chief Justice Luke Malaba has established a Judicial Wigs Committee to see if the regalia is still necessary. Reads the statement:
<blockquote>
<h2>CALL FOR PUBLIC PARTICIPATION IN THE DEBATE REGARDING THE REMOVAL OR RETENTION OF JUDICIAL WIGS: JUDICIARY OF ZIMBABWE</h2>
Judges as part of their judicial attire, wear judicial wigs both ceremonial, worn during occasions such as the official opening of the legal year, and the normal court wigs, worn during ordinary court operations or proceedings. 
There has been an ongoing heated debate worldwide on whether or not both types of judicial wigs, should be retained or removed as part of the official judicial attire and the transformation of the judiciary. 
These calls have now gained considerable traction and are now echoed in the Zimbabwean Judiciary. 
The Honourable Judges of the Superior Courts debated the subject matter at the end of the First term Symposium held in April 2022 in Masvingo.
It is on this basis that the Honourable Chief Justice, Mr Luke Malaba, constituted the Judicial Wigs Committee(JWC) to stir discussions and solicit the views and comments of all stakeholders in the justice delivery system and the public. 
Thus, as a way of promoting inclusivity and democratic governance, the Judicial Wigs Committee wishes to elicit public opinion as part of the concerted efforts to inform and direct public policy on this issue.
<h2>CONSULTATION FORMS</h2>
Anyone intending to contribute towards this debate on judicial wigs in the Zimbabwean judiciary can obtain consultation forms or questionnaires from:
i. The office of the Secretary, Judicial Service Commission House, No 161 Josiah Chinamano Avenue, corner Josiah Chinamano Avenue and Seventh Street, HARARE or
ii. The website of the JSC at www.jsc.org.zw where the forms can be downloaded.
Please fill out the consultation form or questionnaire to assist the Judicial Wigs Committee in gathering data on the above-stated inquiry.
Once completed, the forms must be submitted to the office of the Secretary, Judicial Service Commission House, NO. 161 Josiah Chinamano Avenue, corner Josiah Chinamano Avenue &amp; Seventh Street, HARARE, OR electronically on emawondo@jsc.org.zw or Iphilemon@jsc.org.zw by no later than close of business on 3 November 2022.
</blockquote>

JSC Opens Public Debate On The Wearing Of Judicial Wigs

Follow Live proceedings at the Constitutional Court where a hearing is underway for the determination of Chief Justice Luke Malaba’s incumbency.

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/16/kika-withdraws-application-against-luke-malaba/">Kika Withdraws Application Against Luke Malaba</a></li>
<li><a href="https://news.pindula.co.zw/2021/06/12/lawyer-musa-kika-files-for-execution-of-malaba-judgement/">Lawyer, Musa Kika Files For Execution Of Malaba Judgement</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/15/judgment-in-cj-malabas-office-term-extension-case-set-for-saturday/" rel="bookmark" title="Judgment In CJ Malaba’s Office Term Extension Case Set For Saturday">Judgment In CJ Malaba’s Office Term Extension Case Set For Saturday</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/25/jsc-speaks-on-luke-malaba-resumption-of-duties/" rel="bookmark" title="JSC Speaks On Luke Malaba Resumption Of Duties">JSC Speaks On Luke Malaba Resumption Of Duties</a></li>
<li><a href="https://news.pindula.co.zw/2021/06/07/classic-tortoise-on-a-lamppost-magaisa-on-mupungu-concourt-application/" rel="bookmark" title="‘Classic Tortoise On A Lamppost’, Magaisa On Mupungu ConCourt Application">‘Classic Tortoise On A Lamppost’, Magaisa On Mupungu ConCourt Application </a></li>
</ul>
 
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More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://fb.watch/v/1fwxKRdN9/">ZBC News</a>

LIVE: Determination On CJ Luke Malaba's Incumbency

Norton legislator, Temba Mliswa has accused Justice, Legal and Parliamentary Affairs minister, Ziyambi Ziyambi of approaching prophets in a bid to kill him.
Mliswa says Ziyambi wants him dead for his remarks in Parliament over the latter’s remarks on the case of former Chief Justice Luke Malaba. He said:
<blockquote>_I am disappointed my brother… that you went to a Domboshava prophet in a bid to have me and Mary (Mliswa) killed…._</blockquote>
Mliswa suggests that Ziyambi, a former opposition MDC member must be using juju on President Emmerson Mnangagwa for him not to get fired over the way he handled the Malaba case.
The Norton legislator also said Ziyambi’s plans shall not come to pass. <a href="https://www.instagram.com/tv/CP24pBfDvi2/?utm_source=ig_web_copy_link">This link will lead you to 6-minute-long audio.</a>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/lsz-states-effects-of-ziyambis-attack-on-judiciary/">LSZ States Effects Of Ziyambi’s Attack On Judiciary</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/kika-notifies-courts-of-ziyambis-contempt-of-court/">Kika Notifies Courts Of Ziyambi’s Contempt Of Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/zanu-pf-bigwigs-accuse-ziyambi-of-sabotaging-mnangagwa/">ZANU PF Bigwigs Accuse Ziyambi Of Sabotaging Mnangagwa</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/full-text-ziyambi-faces-contempt-of-court/">FULL TEXT: Ziyambi Faces Contempt Of Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
</ul>
Mliswa recently urged Ziyambi to resign as Justice minister over his attack on the judiciary after the High Court ruled that Luke Malaba had ceased to be the Chief Justice.
Ziyambi had claimed that the judiciary had been captured by the enemies of the state.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

Mliswa Accuses Ziyambi Of Using Prophets In Bid To Kill Him

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The Court hearing the contempt of court charges against former Chief Justice Luke Malaba sat at 2 pm Thursday to consider if a two-judge bench can proceed.
This was after the recusal of one of the judges. The hearing later resumed with 2 judges as Justice Chinamhora recused himself.
Justice Chinamhora confirmed that he had a meeting with the Justice Service Commission (JSC) Secretary Walter Chikwana. The JSC is a party to the hearing.
Lawyers for Luke Malaba and <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Justice Minister Ziyambi Ziyambi</a> have requested permission to appeal against the composition of the bench as a two-judge bench.
<a href="https://www.pindula.co.zw/Thabani_Mpofu">Advocate Thabani Mpofu</a> opposed the request and castigated the respondents for ostensibly trying to get a favourable judge.
Justices Tsanga and Chirawu-Mugomba have dismissed the application for leave to appeal against the composition of the bench saying there are no prospects of success. The hearing then proceeded.
Advocate Thabani Mpofu then addressed the court arguing why Malaba should be committed to prison.
Mpofu told the court that Malaba complied with the order issued by Justice Zhou for some 10 days before he made a decision to violate it.
Mpofu also urged the court to take judicial notice of the swearing-in of 6 Supreme Court judges today (Thursday) presided over by the Acting Chief Justice Gwaunza because the former Malaba was complying with Zhou order.
He also observed that Justice Zhou’s order was being abided by but as and when the Malaba wishes to.
On Malaba’s contempt of court, Mpofu submitted that the former CJ had passed many judgements which were abided by. There is nothing stopping him from abiding by a decision of the High Court.
Advocate Uriri, representing Malaba, denied that Malaba was in contempt of court insisting that the use of the word it is declared does not make an order a declaratory one.
Advocate Magwaliba, representing the minister of justice, submitted that the Zhou judgment did not require anyone to do anything and or to stop doing something and therefore contempt proceedings cannot be used in these circumstances.
The lawyers for the minister of justice asked for the application to be dismissed with costs prompting Justice Tsanga to question:
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_Does the issue of costs not discourage citizens from challenging matters in court?_
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<ul>
<li><a href="https://news.pindula.co.zw/2021/06/03/malaba-unsure-as-he-skips-swearing-in-of-judges-magaisa/">Malaba “Unsure” As He Skips Swearing-In Of Judges – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/29/17-supreme-con-court-judges-appeal-high-court-ruling-on-malaba-case/">17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
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Mr Addington Chinake, representing Justice Gwaunza (Acting CJ) noted that she is just a passenger in this matter. He further submitted that Malaba, the Acting CJ and the JSC were not in willful violation of the order as they had sought an opinion on the subject which opinion they were following.
In response, Advocate Mpofu submitted that Malaba never pleaded that he took advice, he is a lawyer and a judicial officer. He got advice long after he had received the advice.
Mpofu further submitted that if Malaba wishes to go back to work, he can approach the court for an order to be allowed to do that pending appeal.
The court adjourned. The ruling is pending and expected next week.
More: <a href="https://news.pindula.co.zw/">Pindula News; Human Rights Forum</a>
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UPDATE On Malaba's Contempt Of Court Case

The Ministry of Justice, Legal and Parliamentary Affairs has changed its tone with regards to the High Court ruling that nullified the extension of the term of office of the former Chief Justice Luke Malaba.
While still disagreeing with the ruling, the Ministry of Justice adjusted its tone saying it respects the judgment on the case of the former CJ, Luke Malaba. The government has since appealed.
Previously, the Justice Minister, Ziyambi <a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Ziyambi had issued a statement claiming that the judiciary was captured</a> by foreign elements.
We present below the latest statement issued by the Ministry.
<blockquote>STATEMENT BY THE MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS ON THE RECENT HIGH COURT JUDGMENT IN THE<a href="https://www.pindula.co.zw/Musa_Kika"> KIKA</a> AND YOUNG LAWYERS ASSOCIATION OF ZIMBABWE CASE
I. The Government of Zimbabwe has studied the judgment of the High Court of Zimbabwe handed down on 15 May 2021 in the matters of Kika v Minister of Justice Legal and Parliamentary Affairs &amp; Ors HC2128/21 and young Lawyers Association of Zimbabwe &amp; Anor v The Judicial Service Commission &amp; Ors HC2166/21.
2. The Government of Zimbabwe strongly believes in the independence of the judiciary and respects the principles of the separation of powers as set out in the Constitution of Zimbabwe. The Government of Zimbabwe, therefore, recognises the importance of the judiciary as a dependable interpreter of the law where various opinions may arise.
3. The Government of Zimbabwe, having given its full consideration to the judgment of the High Court in the above-referenced matter, holds, with respect, a different view and is unable, for many reasons to agree with the judgment of the Honourable Court in that matter. It has therefore taken measures to have the judgment set aside in accordance with the law. The Government of Zimbabwe will implement all the necessary processes triggered by the noting of an appeal against the judgement.
4. The Government of Zimbabwe, therefore, wishes to assure the public that it has referred the resolution of the matter to the courts and awaits their final decision. Further, the authority of the judiciary and all its respective offices and structure remains in place with the courts fully functional in discharging their constitutional mandate.
Harare 18 May 2021 
V. Mabiza (Mrs) Secretary for Justice. Legal and Parliamentary Affairs. </blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/lsz-states-effects-of-ziyambis-attack-on-judiciary/">LSZ States Effects Of Ziyambi’s Attack On Judiciary</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/kika-notifies-courts-of-ziyambis-contempt-of-court/">Kika Notifies Courts Of Ziyambi’s Contempt Of Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/zanu-pf-bigwigs-accuse-ziyambi-of-sabotaging-mnangagwa/">ZANU PF Bigwigs Accuse Ziyambi Of Sabotaging Mnangagwa</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/full-text-ziyambi-faces-contempt-of-court/">FULL TEXT: Ziyambi Faces Contempt Of Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/zanu-pf-official-criticises-ziyambi-for-attacking-judiciary-over-malaba-ouster/">ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

FULL TEXT: Justice Ministry Changes Tone On Malaba Case

The government has filed a notice to appeal against a High Court ruling that nullified the extension of former Chief Justice Luke Malaba’s term of office.
The appeal is against the entire judgment by three judges, Justices Happias Zhou, Edith Mushore and Justice Jester Charewa on Saturday blocking the extension of Chief Justice Malaba’s service by five years.
The trio ruled that Malaba ceased to be the Chief Justice upon reaching 70 years on May 15, 2021, and that the extension of the service does not apply to incumbent judges of the Constitutional Court and the Supreme Court.
The appeal was filed by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi together with Attorney-General Advocate Prince Machaya on Monday.
The government makes the appeal after Ziyambi Sunday issued an attack on the judiciary saying it was captured by some foreign elements who were using money to bribe court officials.
The attack has attracted widespread criticism from stakeholders in the legal fraternity with the Law Society of Zimbabwe (LSZ) arguing that the minister’s remarks had the effect of diminishing public confidence in the judiciary.

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
</ol>
More: <a href="https://news.pindula.co.zw/">Pindula News;</a> <a href="https://www.herald.co.zw/breaking-news-govt-files-notice-of-appeal-against-decision-to-annul-extension-of-cj-malabas-service/">The Herald</a>

JUST IN: Govt Appeal Nullification Of Extension Of Malaba Term

The Zimbabwe Human Rights NGO Forum has approached the courts over Justice Minister Ziyambi Ziyambi’s Contempt of Court. In a letter to the Registrar of the High Court, <a href="https://www.pindula.co.zw/Musa_Kika">Musa Kika</a>‘s lawyers said:
<blockquote>RE: CITATION FOR CONTEMPT OF COURT FOR MINISTER re Case HC 2128/21
On the 1Sth of May 2021 the High Court issued an abridged judgment in a matter involving our client Musa Kika versus the Minister of Justice, Legal and Parliamentary Affairs and 18 other respondents (Case No. HC 2128/21)
In response to the judgment, the Minister of Justice, Legal and Parliamentary Affairs issued the statement attached hereto.
We believe that the statement scandalises the court and that accordingly, Minister Ziyambi Ziyambi is in contempt of court.
We request that you place this letter before the Judge President as well as the honourable judges who heard the matter.
Our client asserts his right to be heard in the proceedings to be commenced by the Citation for Contempt of Court.
We draw your attention to the judgment in In re: Chinamasa 2000 (2) ZLR 322 (SC) which deals with the procedure that must be followed in a matter of this nature.
We thank you in advance. Yours faithfully
Signed
ZIMBABWE HUMAN RIGHTS NGO FORUM</blockquote>
<ul>
<li><a href="https://zero.pindula.co.zw/zanu-pf-bigwigs-accuse-ziyambi-of-sabotaging-mnangagwa/">ZANU PF Bigwigs Accuse Ziyambi Of Sabotaging Mnangagwa</a></li>
<li><a href="https://zero.pindula.co.zw/full-text-ziyambi-faces-contempt-of-court/">FULL TEXT: Ziyambi Faces Contempt Of Court</a></li>
<li><a href="https://zero.pindula.co.zw/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://zero.pindula.co.zw/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://zero.pindula.co.zw/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
</ul>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Kika Notifies Courts Of Ziyambi's Contempt Of Court

Lawyers have said the Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, is facing contempt of court charges over his attack on the judiciary following a High Court ruling that nullified the extension of former <a href="https://www.pindula.co.zw/Luke_Malaba">Chief Justice Luke Malaba’s</a> term of office.
In a statement, the lawyers said:
<blockquote>1. On the 15th of May 2021 the High Court of Zimbabwe per Zhou, Mushore and Charewa JJJ issued a landmark judgment in which it held that the tenure of CHIEF JUSTICE LUKE MALABA had come to an end.
2. Retired former Chief Justice Luke Malaba served the country for a period in excess of 40 years and his service must be recognised. We thank him.
3. In the aftermath of the judgment, both the MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, who was cited as the first respondent, and the JUDICIAL SERVICE COMMISSION, which sought joinder in the matter as the 19th respondent, indicated that they would appeal the judgment.
4. The position is that the High Court issued a declaratur as was sought by our consultant, Dr Musa Kika.
5. Whilst an appeal can, all things being equal, be lodged against a declaratur, the position in law is that an appeal does not suspend the operation of a declaratur. Various authorities resolve this point. In Econet (Pvt) Ltd v Telecel Zimbabwe (Pvt) Ltd 1998 (1) ZLR 149 (H) the correct legal position was articulated as follows: In Mushaishi v Lifeline Syndicate &amp; Anor 1990 (1) ZLR 284 (H) at 288 G, GREENLAND J said: “My ruling is, in effect, declaratory, ie to declare what the law provides. The applicant now enjoys nothing that he did not enjoy before launching the proceedings except the comfort of having had the court confirm his legal opinions. Still, as the facts reveal a competition for rights in respect of the claims, justice, common sense and good order require judicial confirmation on this issue and the seeking of a declaratory order was indicated.”
Accordingly, in my view, since para 1 of the order granted by SANDURA JP W. merely confirming the rights of Econet, the noting of the appeal could not suspend the effect of that paragraph as it does not confer any rights.
6. That being the case, the noting of an(y) appeal cannot suspend the operation of the judgment of the High Court of the 15th May 2021. Hon Luke Malaba is now the former CHIEF JUSTICE OF ZIMBABWE. As a result, in accordance with provisions of section 181 of the Constitution of Zimbabwe, 2013, the substantive DEPUTY CHIEF JUSTICE has now become the country’s ACTING CHIEF JUSTICE. This is a constitutional imperative.
7. Retired CHIEF JUSTICE MALABA cannot for that reason exercise any function either as the Chairperson of the JUDICIAL SERVICE COMMISSION or as a judicial officer, save in rendering judgments in those
8. For that reason, if the retired CHIEF JUSTICE contests the judgment of the High Court, he can only do so in his personal capacity. That position comes with certain consequences for the JUDICIAL SERVICE COMMISSION and in particular as regards its right to note an appeal on behalf of the retired CHIEF JUSTICE.
9. Owing to the gravity of the matter, we wish to advise that we have firm instructions from our consultant to take the necessary legal action, including the institution of proceedings for Contempt of Court should the law not be faithfully and scrupulously adhered to.
10. The statement issued by the MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, himself a litigant in the proceedings, has caused both ourselves (as officers of the court) and our consultant (as the successful litigant), grave concern. Our consultant has accordingly taken a very serious view of the matter.
11. We, however, wish to respectfully decline the inevitable invitation to engage the contents of the letter. As we politely decline that invitation, we make the observation that the Minister’s statement is actually meant to threaten other judges who may become seized with the offshoots of this dispute. We call upon the MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (Ziyambi Ziyambi) to remain faithful to his obligations as a Minister of the Government of Zimbabwe, a registered Legal Practitioner and a litigant.
12. We, however, have instructions to ensure that the seriousness with which the comments are viewed by our consultant be reflected in the corrective action to be taken.
13. For that reason, we advise that a letter has been written to the Registrar of the High Court, the Judge President and the Honourable justices who dealt with the matter requesting the issuance of a Citation for Contempt of Court against the Minister (Ziyambi).
14. The legal issues that arise from the matter must therefore be dealt with in the High Court. We believe the Minister (Ziyambi) must show cause why the High Court must not hold him to be in Contempt of Court.
15. We are aware that there are so many issues on which the nation would justifiably want to hear our voice. We would rather certain other voices were heard instead. On our part, we will confine ourselves to the matters of law that we have identified and to the pursuit of the corrective measures demanded by the situation.
16. Lastly, we wish to thank Zimbabweans for believing in an orderly and peaceful resolution of mortal disputation. We thank all those who have avidly defended the Constitution of Zimbabwe and have been anxious to ensure the observance of its text and spirit.
17. We thank you all!</blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

FULL TEXT: Ziyambi Faces Contempt Of Court

The Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi has said he has proof of judiciary capture and will unleash it in due course.
Ziyambi made the remarks while speaking to NewZimbabwe over <a href="https://zero.pindula.co.zw/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">his vitriolic attack on the judiciary</a> and the MDC Alliance on Sunday following a High Court ruling that sent former Chief Justice Luke Malaba packing.
In his Sunday statement, Ziyambi claimed that the Judiciary had been captured by the enemy of the state adding that the time had arrived for the government to poke the enemy in the eye.
Speaking to NewZimbabwe, Ziyambi refused to withdraw his statement on judiciary capture saying he had proof to substantiate his claims. He said:
<blockquote>_What l said, l stand by it and one day l will unleash the proof. I cannot be forced to retract or not to say something that l know is the truth because there is somebody out there who will wrongly interpret it._</blockquote>
Ziyambi also said there was no need for the Judges to be “worried about their security.”
He also downplayed his remarks as a potential cause of violence against members of the judiciary, especially Justice Happias Zhou whom he regarded as a compromised court official.
Last year, <a href="https://zero.pindula.co.zw/the-judiciary-is-not-captured-ziyambi-defends-malaba/">Ziyambi dismissed reports that claimed that the judiciary was captured</a> after then Chief Justice, <a href="https://zero.pindula.co.zw/full-text-judges-complain-to-ed-about-chief-justice-malaba/">Luke Malaba had been accused of demanding that all Supreme Court rulings pass through his office.</a>
<ul>
<li><a href="https://zero.pindula.co.zw/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://zero.pindula.co.zw/mdc-alliance-reprimands-ziyambi-for-linking-party-to-malaba-case/">MDC Alliance Reprimands Ziyambi For Linking Party To Malaba Case</a></li>
<li><a href="https://zero.pindula.co.zw/lawyers-respond-to-minister-ziyambis-attack-on-judiciary/">Lawyers Respond To Minister Ziyambi’s Attack On Judiciary</a></li>
<li><a href="https://zero.pindula.co.zw/zanu-pf-official-criticises-ziyambi-for-attacking-judiciary-over-malaba-ouster/">ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster</a></li>
<li><a href="https://zero.pindula.co.zw/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
<li><a href="https://zero.pindula.co.zw/ziyambi-divorce-case-takes-new-twist/">Ziyambi Divorce Case Takes New Twist</a></li>
<li><a href="https://zero.pindula.co.zw/the-judiciary-is-not-captured-ziyambi-defends-malaba/">The Judiciary Is Not Captured – Ziyambi Defends Malaba</a></li>
<li><a href="https://zero.pindula.co.zw/full-text-judges-complain-to-ed-about-chief-justice-malaba/">FULL TEXT: Judges Complain To ED About Chief Justice Malaba</a></li>
</ul>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>; <a href="https://www.newzimbabwe.com/judges-have-no-reason-to-worry-about-their-security-minister/">NewZimbabwe</a>

"I'll Unleash Proof," - Ziyambi On Judiciary Capture

Opposition MDC Alliance has said attempts by the Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi to drag the Nelson Chamisa-led party into the legal proceedings that resulted<a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/"> in the ouster of former Chief Justice Luke Malaba</a> was an act of desperation.
The party remarks after Ziyambi had issued a statement <a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">attacking the “captured” judiciary and MDC Alliance,</a> whose members he accused of “being paid monthly allowances for causing turmoil in this country and for being arrested.” Ziyambi had said:
<blockquote>The situation now in this country is that there is a risk of judicial capture where the Judiciary has been captured by certain elements both within and outside Zimbabwe who want to destabilise the second Republic.
We are also aware of certain members of the opposition, the MDC Alliance, who are being paid monthly allowances for causing turmoil in this country and for being arrested.
The time may now have come to expose all these malcontents and economic saboteurs who are not sleeping until they bring down the second Republic.
We are now going to poke the enemy in the eye and confront it….
I want to make it clear today that we do not accept the decision of the High Court. We have a serious situation of a Judiciary that has been captured by foreign forces in this Country.
We are going to exercise our right in terms of the law and file an appeal against this baseless and meaningless decision of the High Court.</blockquote>
In response, MDC Alliance echoed Alex Magaisa’s sentiments that the constitutional crisis that resulted in the ouster of Malaba was due to a lack of interest in doing the right thing by the Ministry led by Ziyambi. Said the party:
<blockquote>The attempt by Minister Ziyambi to rope the MDC Alliance into its web of illegalities is an act of desperation. The Constitution must be respected. The failure to do so lies squarely at the hands of the Executive which has created this Constitutional crisis. <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" dir="ltr" href="https://twitter.com/hashtag/SaveOurConstitution?src=hashtag_click" role="link">#SaveOurConstitution</a></blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/lawyers-respond-to-minister-ziyambis-attack-on-judiciary/">Lawyers Respond To Minister Ziyambi’s Attack On Judiciary</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/zanu-pf-official-criticises-ziyambi-for-attacking-judiciary-over-malaba-ouster/">ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

MDC Alliance Reprimands Ziyambi For Linking Party To Malaba Case

Zimbabwe Lawyers for Human Rights (ZLHR) have issued a statement expressing concern over Justice, Legal and Parliamentary Affairs Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi</a>‘s attack on the judiciary following <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">the ouster of Chief Justice Luke Malaba</a>. We present the ZLHR’s statement in full below.
<blockquote>STATEMENT IN RESPONSE TO COMMENTS BY JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS MINISTER HON. ZIYAMBI
ON 15 May 2021, the High Court of Zimbabwe in the urgent applications of Young Lawyers Association of Zimbabwe and Musa Kika issued an order to the effect of which was to inter alia confirm that the term of office of Honourable Justice Luke Malaba had expired and he had ceased to be the Chief Justice of Zimbabwe after attaining the age of 70 years.
In a statement issued on the same day, Hon. Ziyambi Ziyambi, the Minister of Justice, Legal and Parliamentary Affairs although professing to respect the above decision proceeded to criticise and demean both the decision and the Honourable Judge, who on behalf of the High Court delivered the judgment.
The criticism is in our view intemperate, less than measured and not befitting of an Honourable Minister of the Government of Zimbabwe.
It also contained threats to judicial independence which are unacceptable in a democratic nation and are inconsistent with the doctrine of the separation of powers as enshrined in our Constitution.
We are further concerned and disturbed by the patently false narrative in the statement that Zimbabwe Lawyers for Human Rights (ZLHR), is using money to capture various state institutions and to destabilise the Government of Zimbabwe.
There is not an iota of truth in these reckless and defamatory allegations. The Minister of Justice, Legal and Parliamentary Affairs knows this only too well.
ZLHR is a law-based organisation of law-abiding legal practitioners whose sole objective is to promote and support observance of the rule of law and the promotion of constitutionalism.
In our efforts we have collaborated with both civil society and various arms of the Government of Zimbabwe; the Minster of Justice, Legal and Parliamentary Affairs will attest to this. We have litigated extensively in order to defend the indigent and defenceless and to uphold the rule of law. In this respect, our work speaks for itself. We take strong exception to the false and defamatory statements of and about ZLHR and our rights in this respect are fully reserved.
While we do not wish to comment on a matter which may very well be the subject of an appeal we point out that in our law a litigant who is unhappy with a court decision has the option of an appeal, where this is available and is not entitled to demean the court that handed down the decision or threaten unlawful action against the successful litigant or vent their anger on third parties, regardless of how disappointed they may be with the outcome.
The statement by the Minister of Justice, Legal and Parliamentary Affairs does enormous disservice to Zimbabwe and its citizens and sends the wrong message to all those who cherish justice and the rule of law.
It is our hope that on reflection, the Minister of Justice, Legal and Parliamentary Affairs will withdraw these gratuitously offensive, defamatory and false claims against ZLHR and his contemptuous utterances against the judiciary as they are unwarranted and harmful to the interests of Zimbabwe.</blockquote>

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/zanu-pf-official-says-celebrations-over-malaba-ouster-are-premature/">ZANU PF Official Says Celebrations Over Malaba Ouster Are Premature</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/zanu-pf-official-criticises-ziyambi-for-attacking-judiciary-over-malaba-ouster/">ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/judges-threaten-to-resign-over-malaba-reinstatement/">Judges Threaten To Resign Over Malaba Reinstatement</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/president-mnangagwa-extends-cj-malabas-term-of-office/">President Mnangagwa Extends CJ Malaba’s Term Of Office</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">Luke Malaba No Longer Chief Justice – High Court</a></li>
</ol>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

Lawyers Respond To Minister Ziyambi's Attack On Judiciary

ZANU PF official and lawyer, <a href="https://www.pindula.co.zw/Tinomudaishe_Chinyoka">Advocate Tinomudaishe Chinyoka</a> has criticised the Minister of Justice, Legal and Parliamentary Affairs, Mr Ziyambi Ziyambi for attacking the judiciary after the <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">High Court ruled that Luke Malaba had ceased to be the Chief Justice</a>.
Ziyambi had insinuated that the courts were captured. In response to Ziyambi’s statement, the ZANU PF official from Mberengwa North constituency, Midlands, said:
<blockquote>_Today, l am hurt to know that l live in a country where a whole Minister of Justice and his PermSec feel that it is okay to issue such a rabid attack on the judiciary. It’s okay to be unhappy with losing in court, but you don’t react via contempt of court. You read the law!_</blockquote>
Former cabinet minister, Professor Jonathan Moyo applauded Chinyoka for his remarks. The exiled Political Science professor said:
<blockquote>_One of the reasons I respect you Tino, notwithstanding our political differences, is that you think like a lawyer most of the times &amp; you never shy away from telling things the way you see them; regardless of the consequences. That’s why I call you my brother, despite our fights!_</blockquote>
Another lawyer, Advocate Abraham Mateta also criticised Minister Ziyambi Ziyambi and questioned whether the latter was a trained lawyer or not. He said:
<blockquote>_Is minister Zyiambi Zyiambi a trained lawyer? May the good men and women in our nation help him and save him from his dangerous self. Paragraph 19 of his statement reads like the rantings of some activist rebel movement. There is absolutely nothing governmental in his statement and no matter how disagreeable lawyers may be with court rulings, they don’t make statements like these._</blockquote>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/judges-threaten-to-resign-over-malaba-reinstatement/">Judges Threaten To Resign Over Malaba Reinstatement</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/">Minister Ziyambi Attacks Judiciary Over Malaba Ouster</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">Luke Malaba No Longer Chief Justice – High Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/15/justice-elizabeth-gwaunza-named-acting-chief-justice/">Justice Elizabeth Gwaunza Named Acting Chief Justice</a></li>
</ul>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster

The Minister of Justice, Legal and Parliamentary Affairs, Mr Ziyambi Ziyambi has issued a statement saying the Ministry does not accept the High Court ruling that effected the ouster of Chief Justice Malaba. Malaba’s term was extended albeit reaching 70 years triggering criticism and lawsuits. The extension of his tenure was preceded by the amendment of the constitution to give the president powers to make key appointments in the judiciary. The amendment was also criticised by some stakeholders. We present Ziyambi’s full statement below.  
COMMENTS BY THE MINISTER OF JUSTICE RE: HIGH COURT DECISION IN THE MATTER OF 1. MUSA KIKA VS MINISTER OF JUSTICE AND IS OTHERS HC 212.5/21; AND L YOUNG LAWYERS ASSOCIATION OF ZIMBABWE VS JUDICIAL SERVICE COMMISSION AND 2 OTHERS HC2166/21
<ol>
<li>We have taken note of the decision made by the Court, and as a country which respects the rule of law. we will respect that decision, but you must also know that as litigants, we have our rights which are protected by the law.</li>
<li>With the greatest of respect, we do not agree with the decision of the Court for so many reasons and for that reason, we have already instructed our lawyers to file all appeal first thing on Monday morning.</li>
<li>We do not understand how the Honourable Justice Zhou insisted on proceeding with the matter after we sought his recusal because he is clearly conflicted.</li>
<li>We are also at a loss as to how the Honourable Judge President of the High Court was excluded from being cited in the litigation which included all Judges of the High Court who have acted in the Supreme and Constitutional Courts.</li>
<li>We are further alarmed that these proceedings went on through the night up to midnight. This is a typical case of a night court, consisting of night judges and night lawyers.</li>
<li>The Judges have not given us the judgment- they know that it is our right to file a notice of appeal. and we can only do that after we have been favoured with reasons of their decision, which they have not provided us with. Our conclusion is that they are therefore attempting to disable us from tiling an appeal because they know that after we tile an appeal, their decision will be suspended.</li>
<li>We have nevertheless requested our lawyers to put together our reasons for the appeal with the little information that they have provided us with.</li>
<li>One issue that is worrying which even the most basic layman would want to know is that the Judges appear to base their decision on the interpretation that is given to section 328 (7) of the Constitution and the new section 186 (4) of the Constitution but surprisingly, the interpretation of the provisions was not before them, and secondly, the institutions that put into effect these provisions that is Parliament and the President were not cited in this application how do they make such a decision without the benefit of having heard the side of Parliament and President who legislated these provisions? flow does the Judiciary turn itself into an Executive and Legislature at the same time?</li>
<li>This is a typical case of judicial overreach and as Government, we are not going to accept that. This is clear violation of the doctrine of separation of powers. the Judiciary should know where it ends. It is not the big brother of the other two arms of the State which it wants to purport to be. It is just another aim of the State.</li>
<li>I must also mention and make it very clear that we are aware of multi-lateral and foreign organisations who have poured in a lot of money through the Zimbabwe Lawyers for Human Rights to capture various state institutions and to destabilise the Government.</li>
<li>The situation now in this country is that there is a risk of judicial capture where the Judiciary has been captured by certain elements both within and outside Zimbabwe who want to destabilise the second Republic.</li>
<li>We are also aware of certain members of the opposition, the MDC Alliance, who are being paid monthly allowances for causing turmoil in this country and for being arrested.</li>
<li>The time may now have come to expose all these malcontents and economic saboteurs who are not sleeping until they bring down the second Republic.</li>
<li>We are now going to poke the enemy in the eye and confront it.</li>
<li>The time has come also to look at the transformation of the Judiciary- have we really succeeded as a country to transform the Judiciary? You need to only look at various decisions that have been made by a certain group of Judges which are meant to tarnish the second Republic.</li>
<li>How does one Judge whom we are aware of the circumstances of his appointment continue to make decisions that are against the Government? In the eyes of the Judge, does it mean that the Government is always wrong? And how are cases allocated at the High Court? Why does a certain group of Judges including that Judge continue to be allocated cases in which the second Republic is involved in?</li>
<li>What is going on in the Judiciary, more particularly at the High Court? A decision has been made that Judges of the Constitutional Court and Supreme Court are benefiting from Constitutional Amendment Number 2- what about Judges of the High Court? Are they not going to benefit from the same Amendment?</li>
<li>We were told by our lawyers they had agreed with the applicant’s lawyers that the filing of papers and pleadings would be done up to ‘Thursday next week. but the Judges refused to accept these timelines because they were so determined to do away with the decision that had been made by His Excellency.</li>
<li>I want to make it clear today that we do not accept the decision of the High Court. We have a serious situation of a Judiciary that has been captured by foreign forces in this Country.</li>
<li>We are going to exercise our right in terms of the law and file an appeal against this baseless and meaningless decision of the High Court.</li>
</ol>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">Luke Malaba No Longer Chief Justice – High Court</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/15/judgment-in-cj-malabas-office-term-extension-case-set-for-saturday/">Judgment In CJ Malaba’s Office Term Extension Case Set For Saturday</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-text-chief-justice-luke-malaba-term-extension/">FULL TEXT: Chief Justice Luke Malaba Term Extension</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/president-mnangagwa-extends-cj-malabas-term-of-office/">President Mnangagwa Extends CJ Malaba’s Term Of Office</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
<li><a href="https://news.pindula.co.zw/2016/12/12/five-things-you-probably-didnt-know-about-cj-candidate-luke-malaba%ef%bb%bf/">Things You Probably Didn’t Know About Luke Malaba</a></li>
</ul>
More:<a href="https://news.pindula.co.zw/"> Pindula News</a>

Minister Ziyambi Attacks Judiciary Over Malaba Ouster

Chief Justice <a href="https://www.pindula.co.zw/Luke_Malaba">Luke Malaba</a> has issued guidelines with regards to hearing urgent chamber and bail applications during the national lockdown. Below is the statement.
<blockquote>OPERATIONAL DIRECTIONS ON HEARING URGENT CHAMBER AND BAIL 
APPLICATIONS DURING THE LEVEL IV COVID-19 LOCKDOWN PERIOD
Part I: Application
1) This practice direction applies to the Constitutional Court, the Supreme Court, the High Court. the Labour Court, and the Administrative Court in Zimbabwe.
Part II: General Note
2) In accordance with paragraph 7 of Practice Direction 1 of 2021. courts are currently offering limited services namely initial remands: urgent processes and applications: and bail applications.
3) This practice direction is designed to give guidance on the hearing of urgent chamber and bail applications for the duration of the Level IV Lockdown period.
Part III: Hearing of Urgent Chamber and bail applications
4) With effect from 22 January 2021 a Judge may consider and dispose of an urgent chamber or bail application on the papers without calling the parties to make oral representations or arguments.
Provided that in respect of bail applications, parties shall be at liberty to file Heads of Arguments with or immediately after filing their applications or opposing papers.
Effective date
5) This Practice Direction takes effect from 22 January 2021 and shall remain in effect until the expiry of the lockdown period, unless earlier extended or revoked. 

<img decoding="async" src="https://pbs.twimg.com/media/EsU0Mh0WMAEbPjL?format=jpg&amp;name=large"/></blockquote>

CJ Malaba On Hearing Bail Applications During Lockdown

Justice Minister Ziyambi Ziyambi has dispelled widespread rumors and reports that the judiciary is captured. Ziyambi was responding to legislators in Parliament who wanted clarification on the matter afte<a href="https://zero.pindula.co.zw/full-text-judges-complain-to-ed-about-chief-justice-malaba/">r judges wrote to President Mnangagwa complaining</a> about Justice Malaba.
Ziyambi said the judiciary is independent:
<blockquote>If the honourable member feels that there is interference in so far as the functioning of the judiciary is concerned, he can favour me with whatever interference he feels is being done.
As far as I am concerned, the judiciary is so much independent to do whatever they want and I cannot even interfere with their work myself.</blockquote>
Ziyambi went on to defend Malaba and said he does not interfere with other judges’ judgments:
<blockquote>..That is enshrined in the Constitution. There are also several provisions that insulate our judicial officers so that in the exercise of their duty, they must feel safe from whatever victimisation that they may encounter.
It also extends to the provision regarding their removal where the President would be requested to set up a tribunal to investigate that question against specific parameters,</blockquote>
However, the international community has also started <a href="https://zero.pindula.co.zw/rushwayas-corruption-case-spills-into-uk-parliament/">pointing to the issue of a captured judiciary as evidenced by this footage of the British Parliamen</a>t discussing Zimbabwe yesterday.
More: <a href="https://www.newzimbabwe.com/justice-minister-ziyambi-defends-malaba-denies-courts-captured/">New Zimbabwe </a>

The Judiciary Is Not Captured - Ziyambi Defends Malaba

Zimbabwean lawyers are demanding that Chief Justice Luke Malaba be brought before a tribunal after it emerged that in 2015 he sat on an appeal case against his own judgment.
In 2015, Malaba, Justices Paddington Garwe and Susan Mavangira, sitting at the Supreme Court, heard an appeal by the trustees of the Leonard Cheshire Homes Zimbabwe Central Trust who sought the eviction of Robert Chiite and seven others.
They ruled in favour of the trustees prompting Chiite and the others to appeal at the Constitutional Court where Malaba was waiting for them there, together with Garwe, Mavangira and six other judges.
Malaba again wrote the judgment upholding his own judgment given at the Supreme Court with all the other judges concurring.
Commenting on the matter, Professor Welshman Ncube, a constitutional law expert, told ZimLive that he had “no idea why the three judges would sit in a case purporting to be an appeal against their own judgement.”
Another law expert, Professor Lovemore Madhuku described the situation as “a uniquely Zimbabwean affair, coming out of that unique constitutional provision.” He said:
<blockquote>The new constitution clearly said the Constitutional Court was to consist of the Chief Justice and the Deputy Chief Justice, and seven other judges who sat together as a bench to hear a matter. Consequently, judges of the Supreme Court held the dual responsibility of presiding over matters in both the Supreme Court and the Constitutional Court.
I know of a case where three judges of the Supreme Court referred a matter to the Constitutional Court and when they sat as a ConCourt, one of those judges said the matter was wrongly referred.</blockquote>
Other lawyers, however, disputed Madhuku’s arguments, pointing out that whereas it was a constitutional requirement that the Chief Justice and the Deputy Chief Justice must always be part of the nine ConCourt judges, the court itself had created a precedent in which it allowed matters to be argued in the absence of the Chief Justice.
This comes when judges are complaining about Malaba’s conduct saying his is bullying them to act in a certain way at the expense of justice.
More: <a href="https://www.zimlive.com/2020/10/28/lawyers-call-for-malaba-probe-after-evidence-he-sat-on-appeal-of-own-judgement/" rel="noopener noreferrer" target="_blank">ZimLive</a>

Lawyers Fume After Malaba Sat On Appeal Against His Ruling

While complaining about Chief Justice Luke Malaba and his conduct as the leader of the Judiciary Service Commission, the Judges in a letter addressed to President Mnangagwa said Justice Malaba addressed them like errand boys and girls and in some instances dress them down in front of colleagues.
Complained the judges to President Mnangagwa:
<blockquote>Then there is the general lack of judicial decorum by the Chief Justice who address judges as they are errant school boys and girls.
This is exhibited at workshops and symposia attended by judge sand sometimes senior lawyers, at public gatherings such as the JSC interviews where the office of judge Is not given the public respect it deserves and of course at the Supreme Court where judges are humiliated in front of others by being made to “clap for performers” and where perceived “non-performers” are dressed down in front of their colleagues.
Being a Supreme Court Justice is the pinnacle of one’s judicial career and it is extremely huilliating to be dressed down by the Chief Justice in front of colleagues when an issue could have easily be raised with individual judges in the privacy of the CJ’s Chambers.</blockquote>
The judges in the 5 paged letter said a lot of things including allegations <a href="https://news.pindula.co.zw/2020/10/28/relatives-of-senior-jsc-officials-providing-services-to-the-jsc-judges/">that relatives of senior JSC members are providing services for the commission</a> countrywide in some instances.
Source:  <a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/10/Judges-Complain-to-Mnangagwa-about-Chief-Justice-Malaba-1.pdf">Judges Complain to Mnangagwa about Chief Justice Malaba (1)</a>

Malaba Addresses Us Like Errand Boys And Girls - Judges

<blockquote>ZLHR IS ALARMED BY THE DIRECTIVE ISSUED BY CHIEF JUSTICE THAT UNDERMINES THE INDEPENDENCE OF JUDICIARY
On 16 July 2020, the Chief Justice of Zimbabwe issued a Directive to the High Court and Labour Court to address concerns raised on the handing down of judgements. The Directive required all ‘Orders or Judgements’ of the High Courts and Labour Court be seen and approved by the Head of Court or Division. before such Judgements or Orders are issued or handed down. This Directive was subsequently modified on 17 July 2020. requiring all the judgements be seen by the Head of Court or Division before being issued or handed down. The modification makes no difference to the provision in the Directive, which remains a concern.
This provision of the Directive is an unacceptable assault on the principle of independence of the judiciary. This comes at a time when constitutional amendments have been introduced which if enacted will erode provisions on the independence of the judiciary. The principle of Judicial independence is two-pronged and encapsulates both institutional and individual independence. Institutional independence relates to the ability of judges to work in an environment free of any external influence; it reinforces the concept of separation of powers between the executive. the legislature and the judiciary. In this case, the individual independence of judges is under threat. Individual independence is protected in terms of the following instruments or laws.
• The Constitution of Zimbabwe:
• Judicial Service Code of Ethics;
• The African Charter on Human and Peoples’ Rights;
• The International Covenant on Civil and Political Rights:
• The United Nations Basic Principles on the Independence of the Judiciary;
• The African Commission on Human and Peoples’ Right Principles and Guidelines on the Right to a Fair Trial in Africa (African Commission Guidelines).
Individual independence relates to independence of the judges and their ability to hear and decide cases that come before them impartially without influence from internal or external sources and without any fear or favour. Individual independence of judges means that they have a duty and are enabled to decide cases before them according to the law. free from fear or personal criticism or reprisals of any kind, even in difficult or sensitive cases.
The administration of justice by transparent, accountable, competent and independent judicial officers is something ZLHR and Zimbabweans at large value immensely. It is the hallmark of a constitutional democracy.
During the review of the human rights record of Zimbabwe by the United Nations, Human Rights Council led Universal Periodic Review Mechanism in 2011 and 2016. the government of Zimbabwe voluntarily committed to guaranteeing independence of the judiciary.
ZLHR regards this matter as a grave concern and believes that the Chief Justice must completely withdraw the offending provision in the Directive. To safeguard independence of the judiciary, ZLHR makes the following recommendations:
• All judges continue to be appointed on merit only, in a transparent process:
• Government provides adequate resources to judges that include library resources and necessary equipment;
• The Judicial Service Commission identifies any gaps in knowledge and address these through training programs and other capacity-building measures for the judiciary.;
• The Judicial Service Commission implements administrative reforms such as recruitment of research clerks that assist judges with relevant support
• The Judicial Service Commission develops and administers a performance appraisal system for judges;
• The Government reaffirms and honours its commitment to treaty obligations under the United Nations and African Union human rights instruments guaranteeing independence of judges:
• The Chief Justice completely withdraws the provision in the Directive.
ENDS
<img decoding="async" src="https://pbs.twimg.com/media/EdST4aQXoAIETAm?format=jpg&amp;name=large"/><img decoding="async" src="https://pbs.twimg.com/media/EdSVG3EXYAEflIb?format=jpg&amp;name=large"/></blockquote>

Lawyers Alarmed By CJ Malaba's Directive Which "Undermines The Independence Of Judiciary"

<a href="https://www.pindula.co.zw/Luke_Malaba" rel="noopener noreferrer" target="_blank">Chief Justice, Luke Malaba</a> has made a sudden U-turn on a directive on handing down and distribution of judgments and orders.
<a href="https://news.pindula.co.zw/2020/07/17/full-text-judges-directed-to-show-orders-to-heads-of-court-before-handing-them-down/" rel="noopener noreferrer" target="_blank">The directive</a> had been issued on the 16th of July on the basis that the manner in which orders are being handed was not appropriate.
Amending the directive, Malaba said:
<blockquote>1. Reference is made to my Memorandum dated 16 July 2020 in relation to the above subject.
2. In Paragraph 2 (iv) I have removed the word ‘approved’ and it should read: – “Before a Judgment or an order of the High Court or Labour Court is issued or handed down, it should be seen by the head of court/ station/ division.”
3. May this amendment be brought to the attention of all Judges.</blockquote>
<img decoding="async" src="https://pbs.twimg.com/media/EdN9Kn1XgAEowHI?format=jpg&amp;name=large"/>
The directive had attracted criticism from various quarters with some saying it was meant to make sure judges do not give an order which is against the interests of their seniors.
Some even suggested that the directive was proof that there was no judicial independence in Zimbabwe.

CJ Malaba Makes U-Turn On Directive On Handing Down Judgments

The Chief Justice has withdrawn the Dress Code Practice Direction 6 of 2020 which had been published citing it was published in error. Part of the regulation in the published dress code practice direction say f<a href="https://news.pindula.co.zw/2020/06/26/female-lawyers-skirts-must-be-knee-length-or-not-more-than-3cm-above-the-knee-as-malaba-sets-new-dress-code-for-lawyers/">emale lawyers should not wear skirts with hems that are 3cms above the knee</a>, Read the full statement below as published by the law society:
<blockquote>RE: PRACTICE DIRECTION 6 OF 2020: DRESS CODE FOR LEGAL PRACTITIONERS 
APPEARING IN THE MAGISTRATES COURT 
Reference is made to the Practice Direction published today.
Please be advised that the Practice Direction was published in error. It is a draft which is still under consideration. We are aware that currently there are consultations with the Law Society of Zimbabwe. We will also be consulting with the Prosecutor General and the Attorney General.
The Chief Justice has directed that the Practice Direction be withdrawn 
which we hereby do.
W.T Chikwana
Secretary, Judicial Service commision </blockquote>

FULL TEXT: Malaba Withdraws Dress Code Practice Direction For Lawyers Appearing In the Magistrate Courts

FULL TEXT: Supreme Court Judgment On Debts Incurred Before 22nd Feb 2019

The Supreme Court has ruled that all debts incurred before the 22nd of February 2019 shall be settled in the local currency on a one to one basis in line with the Statutory Instrument 33 of 2019.
The judgement was made by Chief Justice Luke Malaba together with Justice Susan Mavingira and Justice Nicholas Mathonsi in an appeal case involving Zambezi Gas Zimbabwe (Pvt) LTD against V.N.R.Barber and the Sherriff of Zimbabwe.
Zambezi Gas Zimbabwe had appealed against a High Court judgement which instructed the gas company to pay a debt using the date’s interbank rate in May 2018 and not 1:1 which was effected in 2019.
The court heard that V.B.R Barber offered services to Zambezi Gas Zimbabwe services in May 2018 charged at US$3 885 000.00. Following the promulgation of S.I 33 of May 2019, Zambezi Gas, paid RTGS$ 4 136 806.54, to V.B.R. Barber, being debt plus interest.
V.B.N Barber then approached the High Court to force Zambezi Gas to pay an additional US$ 3 992 018.31 arguing that RTGS$ 4 136 806.54 Zambezi Gas had paid was equivalent to US$144 778.23 as per the payment date’s interbank rate in May.
Chief Justice Malaba, however, ruled that the payment of Rtgs$ 4 136 806.54 made by the Zambezi Gas was in full and final settlement of the debt in terms of Section 4(1) (d) of the Statutory Instrument 33 of 2019.
More: <a href="http://www.zbcnews.co.zw/debts-incurred-before-22nd-of-february-can-be-settled-in-local-currency-court-rules/">ZBC News</a>

Supreme Court Rules On Debts Incurred Before 22nd Of February 2019

Chief Justice <a href="https://www.pindula.co.zw/Luke_Malaba" rel="noopener noreferrer" target="_blank">Luke Malaba</a> said that special courts have been set up to deal with the infamous machete wielding criminals commonly referred to as <a href="https://www.pindula.co.zw/MaShurugwi" rel="noopener noreferrer" target="_blank">Mashurugwi</a>.
Malaba made the remarks while officially opening the 2020 legal year at the Constitutional Court in Harare on Monday. He said:
<blockquote>The country is gripped by another spate of violence perpetrated by the so-called machete gangs.
The judiciary acknowledges the work being undertaken by the law enforcement agencies in bringing perpetrators of that wave to book.
May I assure the nation that the courts will decisively deal with the accused of these offences in accordance with the law.</blockquote>
Towards the end of 2019, there was an upsurge in cases of robberies perpetrated by gangs of people wielding machetes mainly in the mining communities.
In December, a machete gang attacked and killed a police officer who was guarding a mine in <a href="https://www.pindula.co.zw/Kadoma" rel="noopener noreferrer" target="_blank">Kadoma</a>.
<h4>More: <a href="https://businesstimes.co.zw/chief-justice-warns-mashurugwi/" rel="noopener noreferrer" target="_blank">Business Times</a></h4>

Special Courts Set Up In MaShurugwi-infested Areas

In a statement issued on his behalf, Chief Justice Luke Malaba justified fast track trials and said they are necessary under the circumstances.
He said Zimbabwe is not the first country to conduct fast track trials. Malaba added that suspects are entitled to a speedy trial. He dismissed claims that magistrates were under instruction on how to deal with cases involving shutdown protesters. Part of Chief Justice Malaba’s statement reads:
<blockquote>The Chief Justice reminds all and sundry that all judicial officers are required by Section 164(1) of the Constitution to dispense justice expeditiously. In doing so, all due process must be followed and rights of accused persons respected. The Zimbabwean courts are not, by undertaking expeditious trials, reinventing the wheel. Such trials are common phenomenon across the world in cases involving violence. For instance, in England after the 2011 riots, more than 3 000 people were arrested with 1 500 being arraigned before the courts. Their trials were fast-tracked. Courts were in session 24 hours until the cases were completed. Even juveniles caught up in the riots underwent trial. The Chief Justice maintains his position that where suspects are arrested and brought to court, they are entitled to a speedy trial. Fast-track trials must, in fact, be the norm, and not a curious exception.</blockquote>
<hr/>
<h4>Related:</h4>
<ul>
<li>
<h3 class="entry-title"><a href="https://news.pindula.co.zw/2019/01/31/full-text-american-bar-association-denounces-fast-tracking-of-trials-by-zimbabwes-courts/" rel="bookmark">FULL TEXT: American Bar Association Denounces Fast-tracking Of Trials By Zimbabwe’s Courts</a></h3>
 
</li>
</ul>
<hr/>
More: <a href="https://www.herald.co.zw/chief-justice-slaps-down-capture-claims/">Herald</a>

Chief Justice Malaba Justifies Fast Track Mass Trials For Protesters, Says Magistrates Are Not Captured

We present below five things you probably didn’t know about Deputy Chief Justice Luke Malaba who is set to take over from Chief Justice Godfrey Chidyausiku who is retiring from the post due to age.
<ol>
<li>Justice Malaba got his law degrees in 1974 from the University of Warwick and in 1982 from the University of Zimbabwe.</li>
<li>Justice Malaba has also held an appointment as a judge of the COMESA Court of Justice.</li>
<li>Justice Malaba become the first Deputy Chief Justice of the Supreme Court under Constitutional Amendment Act Number 18 in 2008.</li>
<li>Justice Malaba also wrote the judgment in the case where citizens were challenging ZBC’s powers to levy the licence fee. He ruled that ZBC’s powers were not unlawful.</li>
<li>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. Justice Malaba was one of only two dissenters together with Justice Patel.</li>
</ol>
For more things you probably didn’t know about Malaba, visit <a href="http://pindula.co.zw/Luke_Malaba" rel="noopener" target="_blank">Pindula Profiles</a>
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

Five Things You Probably Didn't Know About CJ Candidate, Luke Malaba﻿

We present below five things you probably didn’t know about Deputy Chief Justice Luke Malaba who is set to take over from Chief Justice Godfrey Chidyausiku who is retiring from the post due to age.
<ol>
<li>Justice Malaba got his law degrees in 1974 from the University of Warwick and in 1982 from the University of Zimbabwe.</li>
<li>Justice Malaba has also held an appointment as a judge of the COMESA Court of Justice.</li>
<li>Justice Malaba become the first Deputy Chief Justice of the Supreme Court under Constitutional Amendment Act Number 18 in 2008.</li>
<li>Justice Malaba also wrote the judgment in the case where citizens were challenging ZBC’s powers to levy the licence fee. He ruled that ZBC’s powers were not unlawful.</li>
<li>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. Justice Malaba was one of only two dissenters together with Justice Patel.</li>
</ol>
For more things you probably didn’t know about Malaba, visit <a href="http://pindula.co.zw/Luke_Malaba" rel="noopener" target="_blank">Pindula Profiles</a>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

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