Staff Reporter
President Emmerson Mnangagwa said Government recognised and respected the independence of the judiciary system and did not interfere with the role of the courts in interpreting the law and settling any differences.
The President said this yesterday in response to the ongoing case where the High Court on Saturday annulled the extension of Chief Justice, Luke Malaba’s term of office citing that he had reached the mandatory retirement age of 70.
“In Zimbabwe, the independence of our judiciary is vital to the survival of our democracy. When our courts speak, all Zimbabweans should listen. The Government or Zimbabwe wholeheartedly respects the independence of our judiciary,” said the President.
President Mnangagwa’s call for respect of the courts came at a time when there are various legal opinions pertaining to the judgement that blocked Chief Justice Malaba to serve another five year term.
Meanwhile, the Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs, Mrs Virginia Mabiza, also said Government respected the court’s judgements and upheld the independence of the judiciary.
“The Government of Zimbabwe strongly believe 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 dependable interpreter of the law where various opinions may arise,” said Mabiza.
Mrs Mabhiza further said that the Government had a different view on the judgment that annulled the extension of service for Chief Justice Malaba and had since appealed the entire judgment.
“The Government of Zimbabwe, having given its full considerations to the judgment of the High Court in the above matter, holds, with respect, a different view and is unable, for many reasons, to agree with the judgment of the Honourable Court in the matter. It has therefore taken measures to have the judgment set aside in accordance with the law,” added Mabiza.
Mabiza further assured the public that the authority of the judiciary and its respective offices remained in place with the courts fully functional in discharging their constitutional mandate.
Last Saturday, the High Court bench of Justices Happias Zhou, Edith Mushore and Justice Jester Charewa, blocked Government’s move to extend Justice Malaba’s tenure by five years as allowed by Constitutional Amendment Act Number Two citing that he has reached the mandatory retirement age of 70 years
However, law experts continue to argue that in terms of Amendment Number 2, the retirement age for all judges is now 70, but every judge has the option to serve to the age of 75 as long as they are mentally and physically fit to do so and exercise that option before their 70th birthday.
