Deputy Chief Justice Luke Malaba will in terms of the Constitution take over as acting Chief Justice after Godfrey Chidyausiku retires when he reaches the age of 70. Malaba will remain acting Chief Justice until President Robert Mugabe appoints a new Chief Justice from the list of candidates from the Judicial Services Commission (JSC) interviews or wait for the successful amendment of the Constitution with regards to the issue.
The three candidates given to the President are Rita Makarau, Paddington Garwe and Luke Malaba. The acting Chief Justice according to Constitutional Law expert and University of Zimbabwe lecturer Lovemore Madhuku should not exceed more than six months. otherwise the President will be sued for abuse of the Constitution. However he said that the Constitution was silent on the time frame.