By Staff Reporter
Legal practitioners Scanlen and Holderness have also written the Judiciary Service Commission (JSC) demanding the release of minutes that led to the appointment of Luke Malaba
“How did the Judiciary Service Commission come to a decision on the appropriate recommendation to make the President under Section 186(1) of the Constitution of Zimbabwe relating to Hon Luke Malaba’s bid to continue as Chief Justice for another five years,” reads the letter.
“Was a resolution passed to make the appropriate recommendation? If so, may we have a copy of the Resolution.”
“If a Resolution was passed in regard to above, which Commissioners of the Judiciary Services Commission voted in favour of recommending that Hon Luke Malaba’s tenure be extended for another five and which Commissioners voted against?”
“Did any Commissioners or members of the board abstain from voting? Is so who?, did Hon Luke Malaba communicate that he was conflicted in relation to this decision.
“If they met when and where did they meet, if it did not meet, does the Judiciary Service Commission consider that the general resolution passed in 2019 empowers secretariat to make its own decision on matters of such consequences,” the letter said.
“Was a Resolution passed specifically relating to this litigation? If a resolution was passed which Commissioners voted in favour of the Resolution and which Commissioners voted against the resolution?”
“Did the Commissioners or members of the board abstain from voting, if so who? Did Hon Luke Malaba declare a conflict of interest and abstain from voting, if not why did he not do so.”
“As you are aware, the High Court has found, in the separate matters filed by Musa Kika and Young Lawyers of Zimbabwe that these are urgent matters.”
“We also believed that this is information that is immediately available to the JSC.”
“In that respect, we therefore seek an immediate response in terms of Section 7)3) of the Freedom of Information Act Chapter 10:33 and at any rate not later than the end of day Monday May 24th.
Honey and Blackenberg Tuesday also wrote to the JSC requesting documentation in relation to the ‘appointment’ of Malaba.