Chief Justice Luke Malaba will preside over his final sitting at the Constitutional Court in Harare next Monday, formally bringing a judicial career of more than four decades to a close.
The special sitting, at the Mashonganyika Building, will serve as the ceremonial end to his tenure as the country’s most senior judicial officer. It will be attended by senior judges, legal practitioners and government officials.
The outgoing Chief Justice will leave office at midnight on 14 May 2026, as set out in Section 186(1) of the Constitution of Zimbabwe. The section requires judges to retire at 70 unless they opt for a five-year extension.
As part of the farewell programme, the Judicial Service Commission has confirmed several events to honour the Chief Justice’s service.
A formal dinner will be held on 14 May, bringing together key constitutional bodies including the Executive, Legislature and justice sector institutions.
In 2021, Parliament passed Constitutional Amendment No. 2, which allowed the President to extend the terms of Constitutional Court and Supreme Court judges by five years. Malaba turned 70 on 15 May 2021, and President Mnangagwa extended his term to 2026.
Three High Court judges later ruled that Malaba had ceased to be Chief Justice at midnight on 15 May 2021. They said the extension was unconstitutional because it benefited a sitting judge. Lawyers and opposition figures described the move as judicial capture.
In September 2021, the Constitutional Court overturned the High Court’s ruling, saying the High Court had no jurisdiction over constitutional matters. Malaba remained in office. The case triggered a major debate about judicial independence.
Throughout his tenure, lawyers, opposition parties and civil society have accused Malaba of being too close to the Executive. They point to his handling of political cases and to the Judicial Service Commission’s role in disciplining judges who rule against the state.
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