News / National
Lawyers pile pressure over the 'unconstitutional' reappointment of Luke Malaba
20 May 2021 at 21:26hrs | Views
LAWYERS continue to pile pressure over the "unconstitutional" reappointment of former Chief Justice Luke Malaba by President Emmerson Mnangagwa last week and have written to the Judiciary Service Commission (JSC) demanding his file of ‘reappointment'.
The extension of Malaba's term of office by another five years was, however, turned down by the High Court last week, which ruled it was "unconstitutional".
The state is appealing against the High Court ruling at the Supreme Court.
However, Honey and Blackenberg have written to the JSC demanding Malaba's file approving his term of office by another five-year term.
The lawyers are representing Zimbabwe Human Rights NGO Forum director Musa Kika in the Supreme Court appeal.
"To that end, without any admission to or acceptance that Constitutional Amendment No. 2 is valid, we respectfully request the following documents to be made available to us for and on behalf of our client," the lawyers' letter to the JSC reads.
"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 the 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."
Honey and Blackenberg's 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."
In a letter to the JSC, the lawyers also wanted proof to show the commission was consulted before Mnangagwa approved to extend Malaba's term of office by another five years according to the provisions of the Constitution.
Deputy Chief Justice Elizabeth Gwaunza is the Acting Chief Justice.
The extension of Malaba's term of office by another five years was, however, turned down by the High Court last week, which ruled it was "unconstitutional".
The state is appealing against the High Court ruling at the Supreme Court.
However, Honey and Blackenberg have written to the JSC demanding Malaba's file approving his term of office by another five-year term.
The lawyers are representing Zimbabwe Human Rights NGO Forum director Musa Kika in the Supreme Court appeal.
"To that end, without any admission to or acceptance that Constitutional Amendment No. 2 is valid, we respectfully request the following documents to be made available to us for and on behalf of our client," the lawyers' letter to the JSC reads.
"The letter from the President confirming his intent to accept this extended tenure and any reasons therefore together with the 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."
Honey and Blackenberg's 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."
In a letter to the JSC, the lawyers also wanted proof to show the commission was consulted before Mnangagwa approved to extend Malaba's term of office by another five years according to the provisions of the Constitution.
Deputy Chief Justice Elizabeth Gwaunza is the Acting Chief Justice.
Source - newzimbabwe
