FULL TEXT: Justice Ministry Changes Tone On Malaba Case

The Ministry of Justice, Legal and Parliamentary Affairs has changed its tone with regards to the High Court ruling that nullified the extension of the term of office of the former Chief Justice Luke Malaba.

While still disagreeing with the ruling, the Ministry of Justice adjusted its tone saying it respects the judgment on the case of the former CJ, Luke Malaba. The government has since appealed.

Previously, the Justice Minister, Ziyambi Ziyambi had issued a statement claiming that the judiciary was captured by foreign elements.

We present below the latest statement issued by the Ministry.

STATEMENT BY THE MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS ON THE RECENT HIGH COURT JUDGMENT IN THE KIKA AND YOUNG LAWYERS ASSOCIATION OF ZIMBABWE CASE

I. The Government of Zimbabwe has studied the judgment of the High Court of Zimbabwe handed down on 15 May 2021 in the matters of Kika v Minister of Justice Legal and Parliamentary Affairs & Ors HC2128/21 and young Lawyers Association of Zimbabwe & Anor v The Judicial Service Commission & Ors HC2166/21.

2. The Government of Zimbabwe strongly believes in the independence of the judiciary and respects the principles of the separation of powers as set out in the Constitution of Zimbabwe. The Government of Zimbabwe, therefore, recognises the importance of the judiciary as a dependable interpreter of the law where various opinions may arise.

3. The Government of Zimbabwe, having given its full consideration to the judgment of the High Court in the above-referenced matter, holds, with respect, a different view and is unable, for many reasons to agree with the judgment of the Honourable Court in that matter. It has therefore taken measures to have the judgment set aside in accordance with the law. The Government of Zimbabwe will implement all the necessary processes triggered by the noting of an appeal against the judgement.

4. The Government of Zimbabwe, therefore, wishes to assure the public that it has referred the resolution of the matter to the courts and awaits their final decision. Further, the authority of the judiciary and all its respective offices and structure remains in place with the courts fully functional in discharging their constitutional mandate.

Harare 18 May 2021
V. Mabiza (Mrs) Secretary for Justice. Legal and Parliamentary Affairs.

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2 comments on “FULL TEXT: Justice Ministry Changes Tone On Malaba Case

  1. Primacy of the Constitution of the Land should always be observed above everything else for the good of justice and ultimately all citizens.

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