By Staff Reporter
The ‘appointment’ of former Chief Justice Luke Malaba for another five-year term looks like it was done ‘unprocedurally’.
This is after lawyers Honey and Blacknberg wrote a letter to Judiciary Service Commission JSC demanding Malaba’s health record which certify him medical fit and documentation and minutes which shows that due process was followed.
In a letter to the JSC said provision of the Constitution provides that before the fact of an assumption of office for “an additional five years” the JSC requires to be consulted.
“To that end without any admission to or acceptance that Constitutional Amendment no2 is valid, we respectfully request the following documents to be made available to us for and on behalf of our client,” reads part of the letter.
“The application letter submitted by Mr Malaba to his Excellency the President of The Republic of Zimbabwe Cde Emmerson Dambudzo Mnangagwa that we expect must have been made available to the JSC in accordance with or pursuant to the consultative process envisioned by the proviso to Section 186(1) of the Constitution seeking an extension of his tenure of office with accompanying annexes if any.”
“The letter from the President confirming his intent to accept this extended tenure and any reasons therefore together with medical report referred to in the letter.”
“Confirmation of the fact that a consultative process as between the President and the JSC took place, if a consultative process did take place could be advised when that took place (date and time), where that took place and which commissioners of the JSC were present for the purposes of the JSC consultative meeting.”
The letter added, “In anticipation that a consultative process may have taken place, could we be provided with the minutes of the deliberations and or consultation that took place among the JSC commissioners and the president perhaps with others if that is the case and in that event their names and the basis upon which they so participated or accompanied the president concerning the proposed appointment of Mr Malaba for an extended or continued period of five years.”
Honey and Blackenberg have even offered to pay the cost for photocopying he requested documents.