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Chief Justice Malaba to preside over final sitting as 40 year judicial career ends

CHIEF Justice Luke Malaba will preside over his final sitting at the Constitutional Court on Monday, bringing to a close a 40 year judicial career.

The ceremonial sitting at Mashonganyika Building will mark the end of his tenure as Zimbabwe’s top judicial officer. Senior judges, legal practitioners and government officials are expected to attend.

Malaba, 70, will leave office at midnight on 14 May 2026 in line with Section 186(1) of the Constitution, which sets the retirement age for judges at 70 unless a five year extension is taken.

He opted for the extension in 2021, making this retirement the end of his tenure.

Malaba rose through the ranks from magistrate to Judge of Appeal before being appointed Chief Justice in 2017.

His tenure was marked by key Constitutional Court rulings and judicial reforms aimed at improving access to justice and strengthening court administration.

The Judicial Service Commission has lined up several events to honour his service, including a formal dinner on 14 May involving representatives from the Executive, Legislature and justice sector institutions.

His retirement now triggers the constitutional process to appoint a new Chief Justice.

Under Section 180 of the Constitution, the Judicial Service Commission conducts public interviews and submits three names to the President, who then appoints one candidate subject to Senate approval.

Legal circles say three names are likely to feature prominently in the succession process.

Deputy Chief Justice Elizabeth Gwaunza is regarded as the most senior serving judge and has previously acted as Chief Justice during Malaba’s absence.

Supreme Court judge Justice Paddington Garwe is also viewed as a strong contender because of his experience in civil and constitutional law.

Former High Court Judge President Justice Rita Makarau, who retired in 2021, is also being mentioned due to her experience and previous role on the Constitutional Court bench.

The Judicial Service Commission is expected to announce interview dates within 30 days of the vacancy.

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