Alex Magaisa, a law lecturer at Kent University in the United Kingdom, has said the actions of Chief Justice Luke Malaba show that he is unsure of the outcome of his contempt of court case.
Three High Court judges recently rejected President Emmerson Mnangagwa’s extension of Malaba’s term of office but the state appealed the ruling at the Supreme Court. The outcome is pending and Malaba has been reporting for work since the appeal.
Speaking on the development, Magaisa, a former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai said:
_Malaba was The case against former CJ Malaba for contempt is in court. He claims he’s lawfully in office. But he skipped the swearing in of ConCourt judges last week. Today he skipped the swearing in of Supreme Court judges. The man is unsure. You can’t have your cake & eat it._
_Why would a man who is confident of the legality of his position act in ways that are inconsistent with his claims? If he were on sure legal footing he would be asserting his position & claiming effective occupation. But no, he’s prevaricating. He knows he’s on slippery ground._
_Even if he stays after all this the man and his reputation are damaged goods. His moral authority is eroded. He is supposed to be the person telling politicians to respect the law; judging their conduct. That his conduct is the subject of litigation is a huge embarrassment._ _Tomorrow a challenge over the appointment of Supreme Court judges is also being heard in court. But in another show of judicial contempt President Mnangagwa went ahead & unilaterally appointed the judges knowing very well that there’s a legal challenge that he’s opposing._ _He could have waited for the conclusion of the legal challenge. After all, he is opposing it. But before the court even hears the matter, he just went ahead & appointed anyway, with the pious @JSCZim acquiescing as usual. No effort to advise against the odious conduct._
_But the biggest Pandora’s box awaits after one judge recused himself from the contempt case citing the fact that the @JSCZim Secretary had met with him. What might the Secretary, himself an active litigant in this mess, have been doing meeting a judge? Why? On whose behalf?_
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Some of Malaba’s colleagues in the legal fraternity have been urging the learned judge to voluntarily step down to preserve the dignity of the judiciary.
It seems Malaba is determined or is being compelled to continue fighting.
More: Pindula News