Crime & Courts

Malaba Legal Scandal Another Urgent Court Application Filed

Zimbabwean President Emmerson Mnangagwa talks to the Chief Justice Luke Malaba
645Views
Former Chief-Justice-Luke-Malaba-

Case Alert

Dr Musa Kika, Executive Director of the Zimbabwe Human Rights NGO Forum, today, 11 June 2021, filed an urgent court application seeking an order for leave to execute the High Court judgment barring former Chief Justice, Luke Makaba, from exercising duties as the Chief Justice of Zimbabwe.

The urgent court application follows a judgment delivered by Justices Tsanga and Chirawu-Mugomba who ruled that Luke Malaba was not in contempt of court because the President and Minister of Justice had lodged an appeal with the Supreme Court.

The latest court application seeks an order that pending finalisation of the appeal , the former CJ should immediately cease and desist from exercising the functions of the Chief Justice of Zimbabwe either in a judicial or administrative capacity unless allowed to do so pursuant to the outcome of the appeal.

Three days ago Valerie Ingham-Thorpe and legal think-tank Veritas, filed a Constitutional Court application suing Malaba and President Emmerson Mnangagwa, arguing that “both Constitutional Amendment Act No. 1 of 2017… and Constitutional Amendment Act No. 2 of 2021 are unconstitutional” and should be voided.

In a joint founding affidavit filed through Tendai Biti’s law firm, Matinenga argues: “I aver and contend that the changes made in Constitutional Amendments No. 1 and 2, which allow the president to now solely appoint the Chief Justice and the Deputy Chief Justice, as well as extending the term of office of Constitutional Court Judges beyond the age of 70 as well as allowing current sitting judges of the Supreme Court and the Constitutional Court to benefit from the extension of the term of retirement from 70 to 75 is bad law which is against the principle of good governance of Zimbabwe espoused in the Constitution of Zimbabwe.”

He also opposes the removal of the running mates clause from the 2013 Constitution saying “when account is taken of the foundational issue that the Constitution wished to address, namely the uncertain succession issue relating to the late President Mugabe, at the level of the State President” was a further breach of Section 117(2) (b) of the Constitution”, adding “such Acts are not permitted at law and, therefore,… should be set aside.”

The basic structure of the Zimbabwean constitution, Matinenga says, is predicated on the principle of separation of powers, and independence of the judiciary – founding principles which he reasons are codified in Section 3 of the supreme charter.

“I maintain that any Constitutional Bill or Act affecting the basic structure of the constitution is against the peace, order and good governance of Zimbabwe and is, therefore, unconstitutional to the extent that the two laws now allow the president to appoint judges and to temper with their offices, this is a fundamental redrafting of the constitution and a fundamental defacement of the basic structure and values of the constitution,” Matinenga submits.

The passage of Constitutional Amendment Bill No. 1 by the legislature, he adds, was in breach of Section 147 of the constitution which provides that on the dissolution of Parliament, all proceedings pending at the time are terminated and every Bill, motion, petition, and other business lapses.

“The portion of the judgment of the Constitutional Court in the matter of Innocent Gonese and Jessie Majome v Speaker of Parliament & Others CCZ4/20 directing that the Senate passes Constitutional Amendment Bill No 1, within 180 days from the declaration of invalidity was a nullity… This is the essence of the instant application,” Matinenga submits.

Majome and Gonese had argued successfully against the Bill but Malaba, leading the bench, suspended his ruling for five months to give the government time to make the necessary adjustments and ram it through. Malaba is cited in that regard in this suit.

Opposition MDC Alliance MP for Chitungwiza North Godfrey Karakadzayi raised similar objections in a case filed with the Constitutional Court last week in which he is seeking an order nullifying the Senate vote of April 2021 on the Bill saying it was unlawful.

The five-year extension of Malaba’s term by Mnangagwa beyond his retirement age was ruled illegal by the High Court on May 15 after two applications by lawyer Musa Kika and the Young Lawyers Association of Zimbabwe, and his deputy Elizabeth Gwaunza was installed as Acting Chief Justice.

The matter was heard last week and the ruling is pending.

 

Robert Tapfumaneyi

127 Comments

  • Heya excellent blog! Does running a blog like this require a large amount of work?
    I’ve absolutely no expertise in programming but I was hoping to start my own blog in the near future.
    Anyhow, should you have any recommendations or
    techniques for new blog owners please share. I know this is off subject
    nevertheless I simply had to ask. Thanks a
    lot!

    Also visit my blog … Walter

  • When some one searches for his requіred thing,
    thus he/she wаnts tto bee available that in detail, therefore thаt thing
    is maintained over here.

    My blog ρost: bio and trivia

  • My pɑгtner and I stumbled over hewrе different web paɡe and
    thought I might as well check things out. I like what I see so
    i am jus following you. Look foprward to looking into your web paɡe for a ѕecond
    time.

    Aⅼso visit my homepage … idol profіle & biography (xandria.org)

  • Hmm it seems like your site ate my first comment (it
    was super long) so I guess I’ll just sum it up what
    I wrote and say, I’m thoroughly enjoying your blog.
    I as well am an aspiring blog writer but I’m still new to everything.
    Do you have any recommendations for rookie blog writers?
    I’d certainly appreciate it.

    Also visit my homepage – kebe.top

  • Thanks for your marvelous posting! I quite enjoyed reading it,
    you’re a great author. I will remember to bookmark your blog and will often come back from now on. I want to encourage yourself to continue your great
    job, have a nice afternoon!

    my web-site … clubriders.men

  • Hello! I’ve been following your website for a while now and finally got the
    bravery to go ahead and give you a shout out from Dallas Tx!
    Just wanted to tell you keep up the excellent work!

    Here is my homepage :: khoquet.com

  • Hi! This post could not be written any better! Reading this post reminds me of my old room
    mate! He always kept chatting about this. I will forward this article to him.
    Pretty sure he will have a good read. Thank you for sharing!

    Feel free to surf to my web-site; http://frun-test.sakura.ne.jp

  • Thanks for your whole work on this web site. Kate takes pleasure in getting into research and
    it is simple to grasp why. All of us know all regarding the lively mode
    you offer important tricks through your web blog and invigorate response from other ones on the
    situation plus our own girl is always being taught
    a whole lot. Enjoy the rest of the new year. You have been conducting a first class job.

    my web blog … http://www.lubertsi.net

  • When someone writes an piece of writing he/she maintains the idea of a
    user in his/her brain that how a user can be aware of it.
    Therefore that’s why this article is outstdanding.
    Thanks!

    Feel free to surf to my site; Alejandro

  • If you would like to take a good deal from this paragraph then you
    have to apply these techniques to your won webpage.

    Here is my web-site :: cara id test mega888 (Leora)

  • I have read some just right stuff here. Certainly worth bookmarking for revisiting.
    I surprise how so much effort you place to make this
    type of wonderful informative web site.

    my site … Kristin

  • I have been surfіng online more than 3 hours today, yet I
    neveг found any interestіng article like yours.
    It is pretty worth enough for me. In mʏ view, if all webmasters
    and bloggeгs made golod content as yoou did, thе internet will be much more useful than ever before.

    Rеview my homeрagee – Klik disini

  • I am curious to find out what blog system you have been working with?
    I’m experiencing some minor security issues with my latest blog and
    I’d like to find something more risk-free. Do you have any recommendations?

    Here is my blog: kebe.top

  • Thank you for any other fantastic article. The place else
    may anyone get that type of information in such an ideal way of writing?

    I’ve a presentation subsequent week, and I’m on the look for such information.

    Here is my homepage; mpc-install.com

  • Hello, you used to write excellent, but the last several posts have been kinda boring…
    I miss your tremendous writings. Past few posts are just a little
    out of track! come on!

    Here is my page – http://www.aniene.net

  • Pretty nice post. I just stumbled upon your blog and wanted to say that I’ve really enjoyed browsing your blog
    posts. In any case I will be subscribing to your feed and I hope
    you write again very soon!

    Also visit my page :: frun-test.sakura.ne.jp

  • I’m no longer positive the place you’re getting your information, however great topic.
    I must spend a while studying more or working out more.
    Thanks for great info I used to be in search of this information for my mission.

    my page :: http://www.aniene.net

  • Hello! I could have sworn I?ve visited this site before but after browsing through
    some of the posts I realized it?s new to me. Anyhow, I?m definitely delighted I
    stumbled upon it and I?ll be bookmarking it and checking back
    often!

    Visit my web-site … shihan.com.ru

  • Thank you a lot for sharing this with all people you really recognise what you are speaking approximately!
    Bookmarked. Please also consult with my site =).
    We will have a hyperlink exchange arrangement between us!

    Look at my site; http://tanhuaba.xyz/

  • Very nice post. I simply stumbled upon your weblog and wished to say that I’ve truly
    loved browsing your blog posts. After all I’ll be subscribing in your rss feed and I hope you write again very soon!

    Also visit my site: http://www.aniene.net

  • certainly like your website however you have to take a
    look at the spelling on quite a few of your posts. A number
    of them are rife with spelling problems and I find it very bothersome
    to inform the reality nevertheless I’ll definitely come back again.

    Check out my website https://mpc-install.com/

  • With havin so much content and articles do you ever run into any problems of
    plagorism or copyright violation? My site has a lot of unique
    content I’ve either written myself or outsourced but it appears a lot of
    it is popping it up all over the web without my authorization. Do you
    know any ways to help stop content from being ripped off?
    I’d genuinely appreciate it.

    Feel free to visit my blog post :: usedtiresbrowardcounty.com

  • Hi, i read your blog occasionally and i
    own a similar one and i was just curious if you
    get a lot of spam comments? If so how do you protect against
    it, any plugin or anything you can suggest? I get so much lately it’s driving me insane so any
    help is very much appreciated.

    Also visit my webpage; craksracing.com

  • I’ve been surfing on-line more than 3 hours today, yet I never found any fascinating article
    like yours. It is pretty value sufficient for me.
    In my view, if all site owners and bloggers made good content
    material as you did, the internet will be much more useful
    than ever before.

    Look into my page :: kebe.top

  • Hi there this is kind of of off topic but I was wanting to know
    if blogs use WYSIWYG editors or if you have to manually code with HTML.

    I’m starting a blog soon but have no coding know-how so I wanted to
    get advice from someone with experience. Any help would be greatly appreciated!

    Feel free to visit my page … http://clubriders.men/viewtopic.php?id=456125

  • Thanks for all of the effort on this site. Kim loves managing investigation and it’s simple to grasp why.
    My partner and i notice all concerning the dynamic form you provide good thoughts through this
    web blog and as well as foster response from the
    others on the article so my child is now learning a lot.

    Take advantage of the rest of the year. You’re the one carrying out a tremendous job.

    My site :: mmoyb.com

  • you’re in point of fact a excellent webmaster.

    The website loading velocity is amazing. It sort of feels that you’re doing any
    distinctive trick. Also, The contents are masterpiece. you have done a fantastic process in this
    subject!

    My blog – frun-test.sakura.ne.jp

  • I’m extremely pleased to discover this web site. I want to to thank
    you for your time due to this fantastic read!! I definitely enjoyed every part of it
    and I have you saved as a favorite to see new things on your site.

    Feel free to surf to my web page mpc-install.com

  • Excellent article. Keep writing such kind of
    information on your page. Im really impressed by it.
    Hello there, You’ve performed a fantastic job. I will certainly digg it and personally recommend to my friends.
    I’m confident they will be benefited from this site.

    My homepage :: online casinos Australia

  • Hey there! Do you use Twitter? I’d like to follow you if that would be
    okay. I’m absolutely enjoying your blog and look
    forward to new posts.

    My web-site :: mpc-install.com

  • Definitely consider that that you stated. Your
    favorite justification appeared to be on the web the
    simplest factor to keep in mind of. I say to you, I certainly get irked whilst people consider worries that they just don’t recognise about.
    You controlled to hit the nail upon the highest as neatly as outlined out the whole thing without having side-effects , folks could take a signal.

    Will likely be back to get more. Thank you

    Also visit my web blog: http://frun-test.sakura.ne.jp

  • Hi there colleagues, its enormous piece of writing on the topic of teachingand fully defined, keep it
    up all the time.

    my blog post Leopoldo

  • I am truly happy to glance at this weblog posts which contains lots of valuable information, thanks for providing these information.

    Here is my site – Monte

  • Hey there, I think your website might be having browser compatibility issues.
    When I look at your blog site in Chrome, it looks
    fine but when opening in Internet Explorer, it has some overlapping.

    I just wanted to give you a quick heads up!
    Other then that, amazing blog!

    Here is my blog post; chengdian.cc

  • Needed to write you one very small remark just to say
    thanks again for those spectacular information you’ve documented here.
    It is simply incredibly generous of you to grant unreservedly exactly
    what a number of us would’ve supplied as an electronic book to generate some bucks for their own end,
    chiefly given that you could have tried it if you decided.
    Those pointers additionally worked to become
    good way to be aware that other people have the same fervor similar
    to my very own to see a lot more with regard to this issue.
    I am certain there are a lot more enjoyable instances ahead for folks who see
    your site.

    Also visit my site – mpc-install.com

  • My programmer is trying to convince me to move to .net from PHP.
    I have always disliked the idea because of the expenses.
    But he’s tryiong none the less. I’ve been using WordPress on a number of websites for about
    a year and am anxious about switching to another platform.
    I have heard very good things about blogengine.net. Is there a way I can import all my wordpress posts into it?
    Any help would be greatly appreciated!

    Here is my blog post https://sheriffptacentral.co.za/

  • I think other site proprietors should take this website as an model, very clean and fantastic
    user friendly style and design, let alone the content.
    You’re an expert in this topic!

    Here is my homepage; mpc-install.com

  • We’re a gaggle of volunteers and starting a new scheme in our community.
    Your web site offered us with helpful info to work on. You
    have performed an impressive process and our whole community can be grateful to you.

    Here is my webpage :: kebe.top

  • Good day very cool website!! Guy .. Excellent ..
    Amazing .. I’ll bookmark your blog and take the feeds
    also? I am happy to seek out numerous useful information here within the put up,
    we want work out more techniques on this regard, thank you
    for sharing. . . . . .

    My webpage: kebe.top

  • Hello are using WordPress for your site platform?
    I’m new to the blog world but I’m trying to get started
    and set up my own. Do you require any html coding knowledge to make your
    own blog? Any help would be greatly appreciated!

    Here is my homepage http://www.atomy123.com/

  • Thanks a ton for being my own tutor on this subject. We enjoyed
    your article a lot and most of all enjoyed how you handled the areas I regarded
    as controversial. You happen to be always very kind to readers like
    me and assist me to in my lifestyle. Thank you.

    My web blog; kebe.top

  • Great – I should certainly pronounce, impressed with your
    website. I had no trouble navigating through all the tabs and
    related info ended up being truly easy to do to access.
    I recently found what I hoped for before you know it at all.
    Reasonably unusual. Is likely to appreciate it for those who add forums or
    anything, site theme . a tones way for your client to communicate.
    Nice task.

    Feel free to surf to my website duna-anapa.net.ru

  • You made some clear points there. I did a search on the subject matter and found most persons will consent with your site.

    Stop by my page – Brodie

  • Very good blog you have here but I was curious if you knew of any message boards that cover the same topics talked about in this article?

    I’d really like to be a part of online community where I can get feedback from other knowledgeable people that share the
    same interest. If you have any recommendations, please let
    me know. Cheers!

    Here is my site – kebe.top

  • You could definitely see your expertise in the work you write.
    The world hopes for even more passionate writers like
    you who aren’t afraid to say how they believe. At all times
    follow your heart.

    My homepage; http://benjamindinh.fr/

  • Hiya, I’m really glad I’ve found this information. Today bloggers publish just about gossips and web and this is actually frustrating.
    A good site with exciting content, that is what I need. Thank you for keeping this site, I’ll
    be visiting it. Do you do newsletters? Cant find it.

    My blog – kebe.top

  • Aw, this was a really nice post. Spending some time and actual effort to create a very
    good article? but what can I say? I hesitate a lot and don’t seem
    to get nearly anything done.

    Also visit my web-site; frun-test.sakura.ne.jp

  • My spouse and I stumbled over here from a different website and
    thought I should check things out. I like what I see so
    now i am following you. Look forward to looking at your web page again.

    Also visit my webpage https://kebe.top/

  • My wife and i ended up being so relieved Michael could finish up his analysis using the precious
    recommendations he acquired from your very own blog.
    It is now and again perplexing to just choose to be giving for free information and facts a number of people
    may have been selling. And we all already know we now have
    the blog owner to be grateful to for that. The illustrations you have made,
    the simple web site navigation, the friendships your site make it easier to instill –
    it’s mostly fantastic, and it’s really helping our son and the family know that this theme is
    fun, which is truly serious. Thanks for the whole thing!

    Feel free to visit my website … 163.30.42.16

  • As I web-site possessor I believe the content matter here is rattling wonderful , appreciate it
    for your efforts. You should keep it up forever! Good Luck.

    Here is my homepage … grautocar.com

  • I have read so many posts concerning the blogger lovers however this paragraph
    is really a good article, keep it up.

    Feel free to visit my site :: Willa

  • Whoah this blog is excellent i like studying your articles.
    Keep up the good paintings! You recognize, many persons are
    searching around for this info, you can aid them greatly.

    my webpage :: Tri-Bol Testo Review

  • You actսally make it seemm sso easxy with your presentation but I find this matter to be
    actuaⅼly something which I think I would never understand.
    Ӏt seems too cօmplicated and very broad ffor me. I’m looking forward for your next ρost, I will try to
    get the hang of іt!

    Visit mmy sikte :: sablon satuan

  • Spot on with this write-up, I really believe that this amazing site needs much more attention.
    I?ll probably be returning to read through more, thanks for the advice!

    My page Silas

  • Your mode of telling everything in this post is really nice, every one
    be capable of simply be aware of it, Thanks a lot.

    Take a look at my blog post Tri-Bol

  • Definitely believe that which you stated.

    Your favorite justification appeared to be on the internet the simplest thing to be aware of.

    I say to you, I definitely get annoyed while people consider worries that they plainly do not know about.
    You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could
    take a signal. Will likely be back to get more.
    Thanks

    Also visit my blog post Tri-Bol Testo

  • Excellent weblog here! Additionally your web site lots
    up very fast! What web host are you using?
    Can I get your associate hyperlink on your host?
    I wish my website loaded up as quickly as yours lol

    Feel free to surf to my page … BoltzPro

  • Yesterday, while I was at work, my cousin stole my iPad and tested to see if it can survive a forty foot drop, just so
    she can be a youtube sensation. My apple ipad is now destroyed and she
    has 83 views. I know this is entirely off topic but I had to share
    it with someone!

    Also visit my web page: Monster FX7

  • Great goods from you, man. I have understand your stuff previous to and you are just too magnificent.
    I actually like what you have acquired here, certainly like what you’re saying and the way
    in which you say it. You make it enjoyable and you still take care of to keep it sensible.
    I cant wait to read far more from you. This is really a great web site.

    Also visit my web page Keto Premium Shot

  • I love what you guys tend to be up too. This sort of clever work and reporting!
    Keep up the excellent works guys I’ve included you guys to my blogroll.

    Feel free to surf to my web site: pansionat.com.ru

  • Hi there I am so excited I found your site, I really found you by mistake, while I was looking on Bing for something else, Regardless I am here now and would
    just like to say cheers for a remarkable post and a all round exciting
    blog (I also love the theme/design), I don?t have time
    to go through it all at the moment but I have bookmarked it and also added your
    RSS feeds, so when I have time I will be back to read more,
    Please do keep up the superb work.

    Also visit my web blog … www2s.biglobe.ne.jp

  • I don’t even understand how I finished up right here, but I thought this put up was good.
    I do not recognise who you are however certainly you’re going to a well-known blogger
    for those who are not already 😉 Cheers!

    Have a look at my site … L.addersuq@lulle.sakura.ne.jp

  • I’m honored to get a call coming from a friend immediately he found out the
    important ideas shared on your own site. Browsing your blog article is a real wonderful experience.
    Many thanks for considering readers just like me, and I would like for you
    the best of achievements as being a professional in this discipline.

    Here is my homepage … forum.mutecolossus.com

  • I was just seeking this information for a while. After six hours
    of continuous Googleing, at last I got it in your website.
    I wonder what’s the lack of Google strategy that don’t rank this kind
    of informative websites in top of the list. Usually the top
    sites are full of garbage.

    my web blog: Eggplant Explosion Ingredients

  • Very quickly this web page will be famous among all
    blogging and site-building users, due to it’s good articles
    or reviews

    Take a look at my web page: Alta

  • Hello There. I found your blog using msn. This is a very well written article.

    I’ll be sure to bookmark it and come back to read more of your useful info.
    Thanks for the post. I will definitely return.

    Feel free to visit my homepage – Amie

Leave a Reply