JUDICIAL EXIT: Chief Justice Luke Malaba Set for Final Sitting Ahead of May 14 Retirement

HARARE — Chief Justice Luke Malaba will preside over his final sitting at the Constitutional Court next Monday, marking the ceremonial conclusion of a judicial career spanning more than four decades. The special sitting, to be held at the Mashonganyika Building in Harare, will be attended by the country’s legal elite, including senior judges and government officials.

Under the provisions of Section 186(1) of the Constitution of Zimbabwe, Chief Justice Malaba will officially vacate his office at midnight on May 14, 2026. While the Constitution mandates retirement at age 70, Malaba utilized a controversial five-year extension that allowed him to remain the country’s most senior judicial officer until now.

To honor his service, the Judicial Service Commission (JSC) has organized a series of farewell events, culminating in a formal dinner on his final day in office. Attendees will include representatives from the Executive and Legislature, highlighting the Chief Justice's central role in the state's tripartite structure.

Malaba’s tenure since 2021 has been marked by intense legal and political friction. His stay in office was made possible by Constitutional Amendment No. 2, which granted the President power to extend the terms of superior court judges.

• The 2021 Crisis: When Malaba turned 70 on May 15, 2021, three High Court judges ruled that his extension was unconstitutional as it benefited a sitting judge.

• The Reversal: In September 2021, the Constitutional Court, the very bench he leads, overturned the High Court’s ruling, citing a lack of jurisdiction.

• Accusations of Capture: Opposition figures and legal practitioners frequently described the extension as "judicial capture," alleging that the Chief Justice remained too close to the Executive.

Critics often pointed to Malaba’s handling of high-stakes political cases and the JSC’s disciplinary actions against judges who ruled against the state as evidence of a compromised judiciary. As the legal fraternity prepares for his departure, the focus now shifts to the appointment of a successor and whether the new Chief Justice can bridge the deep-seated divisions regarding judicial independence in Zimbabwe.

Who do you believe are the frontrunners to succeed Luke Malaba as the next Chief Justice of Zimbabwe?

Chief Justice Luke Malaba retirement