UZ law student Romeo Taombera Zibani is back in the spotlight after he sued outgoing Chief Justice Godfrey Chidyausiku at the Constitutional Court. Zibani is alleging that Chidyausiku acted unconstitutionally by appointing Retired Justice Vernanda Ziyambi to preside over the Supreme Court hearing on an appeal over the Chief Justice interviews which had been suspended by an interdict issued by Justice Charles Hungwe. However, the interdict was thrown out by the Supreme Court and the interviews were deemed to be perfectly legal.
Zibani and his lawyer Advocate Sylvester Haiti instructed by Jonathan Samkange were barred from participating in the hearing as they had not submitted their heads of argument.
However, Zibani has launched another assault, and through his lawyer Jonathan Samkange he argues that Retired Justice Vernanda Ziyambi, who retired last year after reaching the mandatory retirement age of 70 was unconstitutionally reappointed by Chief Justice Godfrey Chidyausiku in terms of section 168(2) of the Constitution.
Zibani contends that Chidyausiku was fully aware of this and abused his office. He is seeking:
- An order declaring the court proceedings and the outcome of that day a nullity
- An order declaring the appointment of Retired Justice Vernanda Ziyambi on the 6th of February 2017 unconstitutional
- An order for Chief Justice Godfrey Chidyausiku to pay the costs of the suit.