Malaba to reach mandatory retirement age again

Chief Justice Luke Malaba is set to reach the mandatory retirement age for judges in May for the second time, and members of the legal profession will be watching closely for signals of his impending departure when he opens the 2026 legal year next week.

Malaba turns 75 on May 15, the revised retirement age introduced after the ruling Zanu-PF amended the Constitution in 2021 to allow him to remain in office beyond the then-limit of 70, which he had already reached earlier that year.

His expected retirement comes at a politically sensitive time, with Zanu-PF pushing for another constitutional amendment — this time to extend President Emmerson Mnangagwa's second and final term from 2028 to 2030. Any such amendment is likely to face a court challenge, ultimately landing before the Constitutional Court, potentially placing Malaba in a pivotal position over its legality.

Senior lawyers say convention dictates that a retiring Chief Justice uses the official opening of the legal year to signal their departure and bid farewell to the profession. Malaba notably did not do so in 2023, a move that was widely interpreted as reflecting foreknowledge of efforts to extend his tenure.

"It's also tradition that a Chief Justice does not assign himself new matters in his final year," said one senior legal practitioner. "We will be watching closely to see what he does."

Some within the legal fraternity fear that Zanu-PF could seek to use the proposed Mnangagwa 2030 amendment to again alter constitutional provisions relating to judges, potentially by removing the age cap altogether. Such a move, they warn, could allow Malaba to remain in office indefinitely.

Lawyers caution that any further extension would permanently tie Malaba's legacy to the ruling party, undermining the reputation of a jurist once widely regarded as accomplished and principled.

Amid the uncertainty, ZimLive understands that Malaba has quietly begun preparations for retirement. He is reportedly seeking working space in Bulawayo through the Judicial Service Commission (JSC), an office insiders have informally referred to as "the office of the retired Chief Justice."

It remains unclear why Malaba would require a state-funded office after leaving the bench.

He has also reportedly undertaken renovations at his home in Kumalo suburb, developments some observers interpret as an indication that his tenure is drawing to a close.

The Judicial Service Commission said it would not comment on matters relating to the Chief Justice's retirement.