Malaba defends judiciary gainst interference claims

RETIRED Chief Justice Luke Malaba has defended Zimbabwe's judiciary against persistent allegations of political interference and corruption, insisting that public confidence in the justice system must be built through evidence-based complaints and firm action against misconduct.

Speaking to journalists following his retirement ceremony on Thursday, Malaba said allegations of judicial capture were not unique to Zimbabwe and had existed in judicial systems around the world for decades.

"It's not a Zimbabwean issue," Malaba said.

"There is always this problem, and I think it's natural."

He explained that perceptions of interference often arise because of the constitutional principle of separation of powers, which is designed to prevent undue influence from either the executive or legislature.

"You can never have a judiciary that is so independent as not to be perceived to be interfered with," he said.

"The important thing is to adopt measures that will address that and make people believe in the truth about the judiciary."

Malaba acknowledged that some judicial officers had been dismissed over the years following investigations into misconduct, saying the judiciary acts whenever there is credible evidence of wrongdoing.

"If we discover this person and there is evidence and so on, we act," he said.

"If the judges can be approached, then they must be removed."

The outgoing Chief Justice said many accusations circulating on social media were often based on misunderstandings of legal procedures rather than actual corruption.

"What we have discovered quite often is that all this has happened because of a misunderstanding. Someone would have acted according to the law, but because it is not what this person wants, they create a story around it," he said.

He encouraged members of the public to use formal complaint channels instead of relying on social media allegations.

"Come up with your complaint, come to the Chief Justice, write to the secretary," Malaba said.

"We investigate all the cases."

Malaba also called for greater public education on judicial processes and urged the media to report responsibly on court matters.

"People have a right to complain. Produce the evidence and bring the facts," he said.

Malaba retires after years at the helm of Zimbabwe's judiciary, a tenure marked by court digitisation reforms, institutional restructuring and ongoing public debate over the independence of the country's justice system.