LATEST: Chief Justice Luke Malaba not in contempt of court, High court rules

THE High Court has ruled that former Chief Justice, Luke Malaba, was not in contempt of court when he resumed work pending a ruling in a case in which lawyers challenged the extension of his term of office.
Malaba resumed work after the government had appealed the ruling that nullified the extension of his tenure.
A constitutional amendment last month raised the retirement of Constitutional and Supreme Court judges to 75 from 70.
High Court judge Justice Amy Tsanga and Sylvia Chirawu – Mugomba ruled that Chief Justice Luke Malaba was entitled to return to work on the basis that appeals made by the Justice, Legal and Parliamentary Affairs Minister and Judicial Service Commission (JSC) suspended the order that he should not resume his duties.
The ruling comes after Zimbabwe Human Rights NGO Forum Director, Musa Kika appealed at the High Court for Chief Justice Malaba to be charged with contempt of court for returning to work after the 15 May ruling.
The appeal was lodged against a High Court ruling that Chief Justice Malaba ceased to be judge upon reaching the retirement age of 70.
It was dismissed without cost as the court ruled that the Chief Justice did not defy the law.

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