Urgent Court Application on the Tenure of Judges – Zimbabwe Human Rights NGO Forum

The Zimbabwe Human Rights NGO Forum has filed an Urgent Chamber Application seeking to block judges from extending tenure in the Supreme and Constitutional Courts in line with the recently passed Constitution Amendment Number 2.

Relief being sought

  • That in accordance with provisions of sections 186(1) (a) and 186(2) (of the constitution of Zimbabwe 2013) and notwithstanding provisions of Constitutional Amendment Number 2, second to seventeenth respondents hold office until they reach the age of seventy years, whereupon they must by operation of law retire.
  • That the attempt to subvert the position encapsulated in the “original” section 186(1Xa) and 186(2) of the Constitution of Zimbabwe, 2013 is contrary to law and therefore in breach of my right to the protection of the law as set out in section 55(1) of the Constitution of Zimbabwe,2013.
  • That Luke Malaba must or did at midnight on 15 May 2021 cease to hold the office of Chief Justice of Zimbabwe.
  • That any action, conduct or deed of Luke Malaba post the 15th of May 2021 purportedly as the Chief Justice of Zimbabwe is null and void and of no effect.
  • That in accordance with provisions of section 181 of the Constitution of Zimbabwe,2013, with effect from midnight on the 15th of May 2021, Elizabeth Gwaunza became/becomes the Acting Chief Justice of Zimbabwe until such a time as a substantive Chief Justice of Zimbabwe is appointed.
  • That in accordance with provisions of section 181 of the Constitution of Zimbabwe,2013, with effect from midnight on the 15th of May 2021, Paddington Garwe became/becomes the Acting Deputy Chief Justice of Zimbabwe until such a time as a substantive Deputy Chief Justice of Zimbabwe is appointed.

Read the full court application here(11MB PDF)

Source: Zimbabwe Human Rights NGO Forum