BULAWAYO
–
Chief
Justice
Luke
Malaba
will
reach
the
mandatory
retirement
age
for
judges
in
May
for
the
second
time,
and
members
of
the
legal
profession
will
be
watching
closely
for
clues
about
his
impending
exit
when
he
opens
the
2026
legal
year
next
week.
Malaba
turns
75
on
May
15,
the
revised
retirement
age
introduced
after
the
ruling
Zanu
PF
party
amended
the
constitution
in
2021
to
allow
him
to
remain
in
office
beyond
the
then-limit
of
70,
which
he
had
already
reached
in
May
of
that
year.
The
Chief
Justice’s
looming
retirement
comes
at
a
politically
sensitive
moment,
with
Zanu
PF
pushing
for
another
constitutional
amendment
–
this
time
to
extend
President
Emmerson
Mnangagwa’s
second
and
final
term
from
2028
to
2030.
Any
such
amendment
is
almost
certain
to
be
challenged
in
court,
with
the
matter
ultimately
landing
before
the
Constitutional
Court,
potentially
placing
Malaba
in
a
decisive
position
over
its
legality.
Lawyers
say
tradition
dictates
that
a
retiring
Chief
Justice
uses
the
official
opening
of
the
legal
year
to
signal
their
departure
and
bid
farewell
to
the
profession.
Malaba
notably
did
not
do
so
in
2023,
a
move
widely
interpreted
as
reflecting
prior
knowledge
of
efforts
to
extend
his
tenure.
“It’s
also
tradition
that
a
Chief
Justice
does
not
assign
himself
new
matters
in
his
final
year,”
one
senior
lawyer
said.
“We
will
also
be
watching
to
see
what
he
does.”
Some
within
the
legal
fraternity
fear
Zanu
PF
could
use
the
Mnangagwa
2030
amendment
to
again
manipulate
constitutional
provisions
on
judges,
this
time
by
removing
the
age
cap
altogether,
effectively
allowing
Malaba
to
remain
in
office
indefinitely.
Lawyers
warn
such
a
move
would
permanently
tether
Malaba’s
legacy
to
the
ruling
party,
staining
the
career
of
a
jurist
once
widely
regarded
as
accomplished
and
principled.
Amid
the
uncertainty,
ZimLive
understands
that
Malaba
has
quietly
begun
preparing
for
his
exit.
He
is
reported
to
have
approached
the
Judicial
Service
Commission
(JSC)
seeking
working
space
in
Bulawayo,
which
insiders
have
dubbed
“the
office
of
the
retired
Chief
Justice.”
It
remains
unclear
why
Malaba
would
require
a
state-funded
office
after
retirement.
The
Chief
Justice
has
also
reportedly
undertaken
renovations
at
his
home
in
Kumalo
suburb,
which
some
interpret
as
acceptance
that
his
tenure
is
nearing
its
end.
The
JSC
said
it
would
not
be
commenting
on
the
Chief
Justice’s
retirement.