CJ Malaba reportedly refuses to go on leave ahead of retirement

CHIEF Justice Luke Malaba, who turns 75 in May and is set to retire, is reportedly refusing to go on leave.

According to NewsDay, Malaba was scheduled to start leave earlier this month but has opted to remain in office until his tenure officially expires. He presided over the 2026 Legal Year official opening in Harare on Monday, a function that Supreme Court judge Justice Rita Makarau was expected to lead in his absence.

Sources say Malaba is aware that going on leave would mark the end of his term as Chief Justice.

In May 2021, President Emmerson Mnangagwa extended Malaba's tenure by five years following controversial amendments to the Constitution. The changes, backed by Zanu PF's parliamentary majority, raised the retirement age for senior judges from 70 to 75, provided they were medically certified as fit. At the time, Malaba had turned 70, but the amendment allowed him to remain in office until 75.

Efforts to reach Judicial Service Commission secretary Walter Chikwana for comment were unsuccessful, as his mobile phone was unreachable.

The 2021 constitutional amendment faced legal challenges from lawyers, who questioned the increase of the retirement age for Constitutional and Supreme Court judges. Mnangagwa's extension of Malaba's term was justified at the time using a medical report confirming the Chief Justice's "mental and physical fitness to continue in that office."

Malaba's decision to remain in office until retirement continues to attract attention as the judiciary prepares for a leadership transition later this year.