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Zimbabwe gov’t appeals against court ruling on top judge’s tenure

The Zimbabwean government has appealed against last week's court ruling that declared the extension of the chief justice's tenure by…

The Zimbabwean government has appealed against last week’s court ruling that declared the extension of the chief justice’s tenure by five years unconstitutional.Justice Minister Ziyambi Ziyambi and Attorney General Prince Machaya separately filed appeals on Monday against a May 15 High Court ruling that said President Emmerson Mnangagwa’s controversial extension of the tenure of Chief Justice Luke Malaba was illegal.

Mnangagwa extended Malaba’s tenure last week after effecting a constitutional amendment raising the retirement age of Constitutional and Supreme Court judges from 70 to 75 years.

However, lawyers challenged the amendment, resulting in last Saturday High Court ruling.

The court ruled in favour of the lawyers, declaring that “Malaba ceased being a judge and Chief Justice of Zimbabwe at 0000hrs on 15 May 2021”. Malaba turned 70 on 15 May.

Ziyambi and Machaya want the High Court ruling set aside on the grounds that the local court judges erred in terms of interpretation of the law with respect to the constitutional amendment in question.

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