The former Chief Justice Luke Malaba has returned to work following the noting of appeal by the Government challenging the High Court decision nullifying the extension of his tenure.
On Monday, Judicial Service Commission Secretary Walter Chikwanha confirmed that Malaba was back at work and executing his judicial functions. Said Chikwanha:
Chief Justice Malaba has always been at work since the day the Government filed a notice of appeal against the High Court’s decision.
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It’s by operation of the law. Once the appeal was filed, the High Court order was in effect suspended until the determination of the appeal.
This comes after Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and Attorney-General Advocate Prince Machaya last week separately filed their notices of appeal against an urgent High Court judgment made on 15 May.
They are challenging the High Court decision to annul the extension of Malaba’s service beyond the age of 70.
High Court judges Justices Happias Zhou, Edith Mushore and Jester Charewa ruled that the recent Constitutional Amendment allowing judges, including the Chief Justice, the option of serving to 75, could not include sitting judges of the Constitutional and Supreme Courts but did include sitting judges of the High Court.
Deputy Chief Justice Elizabeth Gwaunza who had assumed the position of acting Chief Justice reverts to her position as Malaba’s deputy.