Zim GBC News | Crimes and Courts
HARARE – The Judicial Service Commission (JSC) has officially announced that Chief Justice Luke Malaba will retire from the bench on May 15, 2026, ending a judicial career spanning over four decades. The commission simultaneously dismissed media reports suggesting Malaba was refusing to take pre-retirement leave.
In a statement dated January 17, the JSC clarified that Justice Malaba’s last working day will be midnight on May 14. His retirement is mandated by Section 186(1) of the constitution, which requires judges to retire at 70 unless they opt for a single five-year extension.
Malaba first reached the retirement age of 70 in 2021. At that time, a controversial constitutional amendment passed by the ruling Zanu PF party raised the retirement age for judges to 75, a move opposed by civil society and opposition groups who argued it was tailored to keep him in office. The JSC stated that Malaba lawfully elected to take the five-year extension, which now expires this May.
The commission strongly rebutted reports, notably from NewsDay, that the Chief Justice was obligated to and was “refusing” to go on leave before his retirement.
“This is a misrepresentation of both the law and the facts,” the JSC asserted.
“The decision to take leave is discretionary, not mandatory. Characterising the exercise of a lawful discretion as a ‘refusal’ is therefore erroneous and creates a false impression of impropriety.”
The commission urged the unnamed publication to correct the record and affirmed that transition preparations are underway.
“It is also inaccurate to suggest that no preparations are being made for the transition,” the statement read, adding the process will be handled “in accordance with the law and established judicial practice.”
A special sitting of the Constitutional Court will be held in Malaba’s honour on May 14, followed by a dinner celebrating his tenure as a magistrate, High Court judge, judge of appeal, and Chief Justice. The event is expected to draw senior government officials, regional judges, and dignitaries.
Malaba’s tenure has been among the most contentious in Zimbabwe’s history, presiding over several high-stakes political and electoral cases. Critics accuse his court of favouring the executive, while supporters praise him for judicial reforms and maintaining stability during periods of political tension.
With his retirement date set, focus now shifts to the appointment of his successor, a process laden with significant legal and political implications for the nation.
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