Bulawayo High Court judges have written a letter of complaint to the Judiciary Service Commission (JSC) expressing their displeasure over utterances by Deputy Chief Justice Luke Malaba, who is alleged to have criticised the Bulawayo bench for failing to understand the law following a judgement passed in an AFM Church ownership wrangle case.
The judges said although Justice Malaba had openly attacked them in public, he had forgotten that he, at one point, also made the same error, but was never publicly censured. Part of the letter reads:
For instance, the DCJ (Malaba) himself got it wrong in the case of Forestry Commission vs Moyo 1997 (1) ZLR 254 (SC) wherein, he, among other errors, granted condonation without it having been applied for. The Supreme Court bench, which comprised (Anthony) Gubbay CJ, (Nicholas) McNally JA and (Simbarashe) Muchechetere JA, held that the DCJ erred in that case, set aside his findings and corrected the position without castigating him as not understanding the law.
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