Former MDC official, Obert Gutu has cited the “weakness” in the High Court ruling that declared the extension of former Chief Justice Luke Malaba a nullity.
Gutu said the Constitution Amendment (No.2) Act did not extend the term limit of judges of the superior courts, but merely extended the age limit by allowing them to continue occupying judicial office for another five years after attaining the age of 70. He said:
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This, to me, is the major weakness of the High Court judgment that was handed down on Saturday, May 15, 2021. Because Constitution Amendment (No.2) Act does not extend the term limit of judges of the superior courts, there is, therefore, no need to go to a referendum.
I am absolutely convinced that the High Court judgment is challengeable in the Supreme Court with a significant degree of prospects of success of the appeal.
Clearly, the High Court totally misdirected itself by failing to distinguish between a term limit and an age limit.
Meanwhile, another law expert, Alex Magaisa has observed that an appeal will complicate issues considering that all judges at the Supreme Court were cited in the proceedings, therefore, cannot preside over the case.
Magaisa is convinced that Malaba’s chapter is over adding that the learned judge should just enjoy retirement.
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