Kika withdraws urgent application against Chief Justice Malaba

by | Jun 16, 2021 | Crime & Courts | 0 comments


Hosia Mviringi

Human Rights Forum NGO Director, Musa Kika yesterday withdrew his urgent application in the High Court of Zimbabwe to have the appointment of Chief Justice Luke Malaba nullified.

The urgent application had just been sat down in the chambers at the High Court of Zimbabwe before Justices Pisirayi Kwenda, Esther Muremba and Siyabona Paul Musithu.
Lawyers representing the government of Zimbabwe and the Judicial Service Commission were all in attendance when Musa Kika’s legal team suddenly filed a notice of withdrawal an hour before the commencement of a case management meeting.

Kika did not give reasons for his withdrawal.

The three Judges recorded the withdrawal and made a Court order to that effect while awarding all wasted costs of the suit to the JSC.

Early May this year, President Emmerson Mnangagwa extended Chief Justice Malaba’s tenure by another five years following the passage of the Constitution of Zimbabwe Amendment Bill number 2 of 2021 which authorised the President to extend the Chief Justice’s tenure of office beyond the mandatory 70 years retirement age.

President Mnangagwa complied with provisions of this Act and acting in the strength of a medical report which testified to Chief Justice Malaba’s good health, ability and will to continue serving the judiciary.
In the Court challenge, Dr Musa Kika cited Chief Justice Luke Malaba, Minister of Justice, Legal and Parliamentary Affairs, Judicial Service Commission and President Emmerson Mnangagwa.
Musa Kika went further to challenge the constitutionality of the Act which gave President Mnangagwa the appointing powers to have it declared illegal.