Chief Justice appointment, sense finally prevails - PDP

The PDP congratulates Chief Justice-Designate Luke Malaba on his appointment to the top post in the country's judiciary.

Shenanigans had been tried by the lacoste faction to undermine the dictates of the constitution in a failed attempt to bring their succession battles into the judiciary.

We are therefore glad that after a long struggle, sense has finally prevailed and the law has been followed at least on the appointment of Malaba.

It is in our view a deserved appointment which he earned through hard work, the evidence is there for everyone to see.

Those who had the privilege to attend the public interviews can testify that Malaba demonstrated being the best candidate on many fronts including his output as a Judge, the comparative reference to his judgements in the Zimbabwean jurisdiction as well as his proven leadership at the JSC in the absence of the previous Chief Justice.

We therefore extend the gratitude to the progressive side of the legal fraternity, against all odds they fought to defend the constitution even when a high court judge had been tempted to make a ruling against constitutionalism.

The JSC led by then Chief Justice deserve some gratitude for putting up a good fight in an environment where many would have decided to throw the towel.

The three judges of appeal; Hlatywayo, Patel and Ziyambi also made a stand in defending the law by making the bold judgement, defending the work that the JSC had done at a time where the lacoste faction was attempting to reverse it.

We hope that the appointment of Malaba marks a new era in which the Zimbabwean people open a new chapter in the justice delivery of this country.

We expect his tenure to be a busy one which will deal with issues of corruption which in our view must not be an issue associated with the Judiciary. We are of the view that the new era must endeavour to implement the principles outlined in section 165 of the constitution.

Political practitioners spent a long time failing to get redress in the courts. We therefore hope the supreme law in section 165 will be followed, "Justice must not be delayed, and to that end members of the judiciary must perform their judicial duties efficiently and with reasonable promptness."

We also hope the new leadership of the Judiciary will seek to demonstrate the independence of the judiciary and ascertain the powers of the courts in a country where ZANUPF decides to defy court orders.

Finally we hope the Chief Justice will also endeavour to ensure accessibility of justice to the under privileged especially the poor, at the present moment those with no money continue to be deprived of the right to due process.

Of late many violations are happening on the rights of poor Zimbabweans who then fail to access the courts for redress due to the related costs.

Coupled with that some of the rules have seen the system hiding behind the technicalities, part of the work therefore must focus on revising the rules of the courts to conform with the spirit of section 85(3)(c).

"The court while observing the rules of natural justice is not unreasonably restricted by procedural technicalities."  

Generally we hope the people of Zimbabwe will benefit from the appointment of the new Chief Justice as we continue to fight for a better Zimbabwe, the courts remain the soul of a constitutional democracy.

Another Zimbabwe is Possible
PDP Communications