Zivanai Dhewa
Progressive citizens across the board have hailed the re-appointment of Chief Justice Luke Malaba for another five year term, citing continuity to the country’s programmes towards the attainment of vision 2030.
“President Emmerson Mnangagwa is full of wisdom, his re-appointment of Chief Justice Malaba for another five years, is an indication that he is focused on the trajectory to see Zimbabwe attain Vision 2030 and the rule of law is paramount in that society,” said Ayanda Moyo on her twitter handle.
Rubbishing Professor Jonathan Moyo’s assertions that CJ Malaba’s appointment was unjustified, Ayanda re-posted Moyo’s twitter post of March 29, 2017 where Moyo said, “Malaba appointed Chief Justice, a great appointment by President Mugabe and a victory for the Rule of Law.”
Dismissing the noise by some non-progressive individuals who claimed the appointment was illegal as it was supposed to come in one year terms and not as a block of five years at once, David Moyo posted an excerpt of the new substituted section 186 of the Constitution.
“The Chief Justice and the Deputy Chief Justice hold office from the date of their assumption of office until they reach the age of seventy years, when they must retire unless, before they attain that age, they elect to continue in office for an additional five years.
“Provided that such election shall be subject to the submission to, and acceptance by the President after consultation with the Judicial Services Commission, of a medical report as to their mental and physical fitness to continue office,” read the post.
Meanwhile, as part of the National Development Strategy 1 (2021-25) the Judiciary has an obligation to complete its set task. For continuity sake, the appointment of CJ Malaba goes without question. Under his watch, the Judiciary Services Commission managed to successfully complete the separation of the Constitutional Court and the Supreme Court in line with the Constitution to ensure autonomy and improve efficiency and access to justice for all.
CJ Malaba still has to complete his tasks as the nation moves towards Vision 2030. There is the alignment of 46 pieces of legislation to the Constitution; decentralisation of the legal Aid Directorate to district level; establishment of the High Court and specialised Courts in all Provinces; construction of additional Courts in small towns and remote areas as well as revamping outstanding court rooms to make them accessible to persons with disabilities.
There is also the implementation of the Intellectual Property Policy and Strategy; continued decongestion of prison population and revamping of police and prison holding cells to meet the best practice.
It is only fair and correct for the President to renew the CJ’s contract by 5 years which is enough to improve the country’s rule of law index ranking.
