The High Court has set Thursday, 3 June 2021 as the date to hear the Forum’s urgent court application seeking former Chief Justice Luke Malaba’s arrest for contempt of court.
Mr Malaba has reportedly been attending to official duties as the Chief Justice despite a High Court ruling that he ceased to be in that role when he attained the age of retirement on 15 May 2021.
Malaba and the Judicial Service Commission argue that the former can attend to duties because the government lodged an appeal against the ruling.
However, the Forum insists that the High Court judgment is a declaratur and for that reason cannot be suspended by an appeal.
Are there no other qualified justices who could be the system may consider sympathetic to its cause who could be appointed instead of this embarrassing charade? Shame