Story by Fungai Jachi
THE Judicial Service Commission (JSC) has confirmed that Chief Justice Luke Malaba will retire from office in May this year, concluding a distinguished 40-year career in the judiciary.
In a statement released on Saturday, the JSC said Chief Justice Malaba’s last working day will be 14 May, in line with Section 186(1) of the Constitution of Zimbabwe.
“This is in accordance with Section 186(1) of the Constitution of Zimbabwe, which provides that the Chief Justice holds office until attaining the age of 70, unless he or she elects, before reaching that age, to continue in office for an additional period of up to five years. Five years ago, upon attaining the age of 70, the Chief Justice exercised this option and extended his tenure accordingly,” the statement reads.
The JSC said a series of activities have been planned to honour Chief Justice Malaba’s long and distinguished service to the judiciary.
“The Judicial Service Commission is organising various activities to commemorate the retirement of the Honourable Chief Justice. On 14 May, there will be a special sitting of the court held in his honour. A dinner will also be hosted on the same day to acknowledge and celebrate the services rendered by the Chief Justice to the nation as a Magistrate, Judge, Judge of Appeal and Chief Justice over a cumulative period of four decades,” the statement added.
However, the JSC expressed concern over what it described as misleading reports regarding the Chief Justice’s retirement process.
“The JSC expresses concern over statements from certain sections of the media suggesting that the Chief Justice was required to go on leave pending retirement and has ‘refused’. This is a misrepresentation of both the law and the facts. There is no legal obligation for the Chief Justice to proceed on pre-retirement leave. The decision to take leave is discretionary, not mandatory,” the Commission said.
The JSC further dismissed claims that no preparations were being made for the transition.
“It is inaccurate to suggest that no preparations are underway. The relevant legal provisions clearly outline the procedures to be followed upon the retirement of a Chief Justice, and these will be implemented in accordance with the law and established judicial practice,” the statement said.
The Commission urged the media to ensure accurate and responsible reporting on matters relating to the judiciary, calling on those who published erroneous information to correct the record in the interests of fairness and professionalism.
